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HomeMy WebLinkAbout~Master - Utility Easement from Kum & Go - Bricktowne Ames - 3111 South Duff Instr. Number: 2021-08870 Recorded: 7/9/2021 at 3:07:51.0 PM County Recording Fee: $57.00 Iowa E-Filing Fee: $3.00 Combined Fee: $60.00 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa I PUBLIC UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: (name,address and phone number) Joel Huston 1459 Grand Ave. Des Moines,IA 50309 Phone: 515-457-6222 Return Document To:(name and complete address) City of Ames,Iowa 515 Clark Avenue Ames,IA 50010 Grantors: MNB KNG,LLC(f/k/a IPE1031 REV338,LLC);JCB KNG,LLC Wk/a IPE1031 REV322,LLC);Jordan C.Bose;and Madison N.Bose Grantee: City of Ames,Iowa 445a� PUBLIC UTILITY EASEMENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, MNG KNG, LLC, an Iowa limited liability company (formerly nown as IPE1031 REV338, LLC); JCB KNG, LLC, an Iowa limited liability company (formerly known as IPE1031 REV322, LLC); JORDAN C. BOSE; and MADISON N. BOSE (hereinafter collectively referred to as the "Grantor"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF AMES,IOWA,a municipal corporation(hereinafter referred to as"the City"), a permanent and perpetual non-exclusive Public Utility Easement(hereinafter referred to as"Easement(s)")and right-of-way upon,over,under,through and across the real property legally described as: See Exhibit A,attached hereto and made a part hereof. 2. Use and Purpose of Easement(s). This Easement shall be granted for the purpose of locating Public Utilities defined as those utilities established, formed, acquired, owned, or operated by the City of Ames, including but not limited to, electrical, natural gas, telephone, cable television utility services, and data transmission utility services and to permit and allow the City to enter at any time upon, over,under, through, and across into said Easement(s)herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge,reconstruct,patrol,repair(including the right to place and build said utility therein or to connect and/or join said utility and appurtenances thereto) and to forever maintain utilities whenever necessary within the Easement(s) granted herein. After the date of this Easement, no structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities,to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s), including sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway,except the City shall not be required to replace landscaping, trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression, or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area; and subsequent restoration by reason of settlement, depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners, developers, lessees or occupants. All provisions of this instrument including benefits and burdens,run with the land are binding upon and inure to the heirs assigns, successors,tenants and personal representatives of the parties hereto. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County, Iowa. -3 - 8. Words and Phrases. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender,according to context. 9. Parties. The term "City" as used herein shall refer to the City of Ames, Iowa, its elected officials, agents, employees, officers, and contractors. The term "Grantor shall refer to MNG KNG,LLC,an Iowa limited liability company (formerly nown as IPE1031 REV338, LLC); JCB KNG, LLC, an Iowa limited liability company (formerly known as IPE1031 REV322,LLC);JORDAN C.BOSE;and MADISON N. BOSE,collectively,together with their respective heirs, assigns, successors-in-interest, or lessees, if any. 10. Attorney's Fees. The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. 11. Integration. This Agreement shall constitute the entire Agreement between the parties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. The paragraph headings in this Agreement are included solely for convenience and shall not affect or be used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that(i) Grantor holds said real estate described in this Easement.Area by title in fee simple; (ii)that Grantor has good and lawful authority to convey the same; and(iii)said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein,including acknowledgment hereof,shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed effective this q-�,aay of 2021. SIGNATURES APPEAR ON FOLLOWING PAGES -4- SIGNATURE PAGE TO PUBLIC UTILITY EASEMENT ACCEPTED ON BEHALF OF z OF A34vs 4b John Haila,Mayor Attest: Diane Voss,City Clerk 5 SIGNATURE PAGE TO PUBLIC UTILITY EASEMENT MNB KNG,LLC,an Iowa limited liability company(f/k/a IPE1031 REV338, LLC) By: Doug Thomas, M ag r STATE OF CALIFORNIA ) ) SS COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and the State of California, personally appeared Doug Thomas, to me personally known, who being by me duly sworn, did say that he is the Manager of MNB KNG, LLC, executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed of MNB KNG,LLC, an Iowa Iimited liability company. Notary Public in& for the State of California JCB KNG, LLC,an Iowa limited liability comp PE1031 REV322, LLC) By: fzs ��- Doug Thomas, Man g STATE OF CALIFORNIA ) ) SS COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and the State of California, personally appeared Doug Thomas, to me personally known, who being by me duly sworn, did',say that he is the Manager of JCB KNG, LLC, executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed of JCB KNG, LLC, an Iowa limited liability company. Notary Public in &for the State of California (� See Attached DocumentL CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1.189 '-.g. ,_wu'YrY".,,Jr..ti.. "s•s-•�<- •-a r =•= r ?' J �,Lec.. i'_'" ,a .� i B'A`�.:-c '_'y "•�:«7 �r.,s-C,.+t'.nLJ _-�.._-,-s'rxro'.�..wur.:..• :..i-•�,:.+.%...:<�:o.r..3'' A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is altaclied,and not the truthfulness,accuracy,or validity of that document. State of California County of `- i On ; before me, Dote _ Here Insert Nome and 7itJe of the Otticer personally appeared Nomq�s)of Signer(sr who proved to me on the basis of satisfactory evidence to be the persons)whose name(sl Ware subscribed to the within instrument and acknowledged to me thati3iJ/ /they executed the same inr(fi /herltheir authorized capacity(ie_), and that by leis/her/their signature(s)on the instrument the persons),or the entity upon behalf of which the persons)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the OCTAY(0 ROMEROJR laws of the State of California that the foregoing COMM.,2290137 fD paragraph is true and correct. NOTARY PUBLIC-U IFORNIA ORMCO1.1to bVITNESS my hand and official seal. My Term Exp.play 26.2023 Signature Place Notory Seoi and/or Stomp Above Signature of Notory Public OPTIONAL Completing this information con deter olteration of the document or fraudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signers) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _,. Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s). ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Individual O Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator Cl Other: ❑ Other: Signer is Representing: Signer is Representing: �,_a ., - r.. �-.n..ti -.� r�'�,..�J ��;3.�£°.,ir"^�v'�-�-"°nx'e4%•'�74'•p V2017 National Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 �,^, r may.,o .--.,!.. _ -ass; ,g.. �.r..�.:r*--E` ,�,va���i:kE', .•`Y ru-s.[•c�`�.`w;txe::.c.:k>+.r_�...,rs.,_.:`1"""&�cxw:._r.�.,.:_;.�.-..+-.�...,_:+"�•..w,..s:`s�"'4x+.+''�.,:.+a:::'<.c:a.:Y,.s3��Jti>v._vC+`�ae�.,.t..+3iw•ru',.+>Y., .r A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California — County of On !1 r f uj t )r }+� a .{ before me,_ Date Here Insert Nome and Title of the Offcer personally appeared I v' t Nome(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons}whose name(s-)J.�/are subscribed to the within Instrument and acknowledged to me that&she/they executed the same in(hl /her/their authorized capacity(ies), and that by�:i�/her their signature(s)'on the instrument the personK, or the entity upon behalf of which the person(s)acted,executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing OCTAWOROMEROdRID paragraph is true and correct, COMM...2290137 �► NOTARY PUBLICCAUFORMA -I WITNESS my hand and official seal. L ORANGE COUNTY W My Torm Exp.May 26,2023 Signature U`l Place Notary Seal ondlor Stamp Above Signature of Notary Public OPTIONAL Completing this inrormation can deter alteration of the document or rroudulent reattachment of this form to on unintended document. Description of Attached Document Title or Type of Document: QocumentDate: _ Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑ Corporate Officer—Title(s): ❑ Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact ❑ individual [3 Attorney in Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian of Conservator © Other: o Other: Signer is Representing: Signer Is Representing: Qc 2017 National Notary Association SIGNATURE PAGE TO PUBLIC UTILITY EASEMENT Jor C. Bose STATE OF IOWA ) ) SS COUNTY OF� ) On this /0,96y of Itz'" ,20 z/ , before me,the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Jordan C.Bose,to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknowl a cuted the same as his voluntary act and deed. Notary Jc in and for the State of Iowa joL D HUSTON Z '�k^ Csion Number 733209 :qp Ex ires • /owl, !d`+ Cheryl Bos o-Conservator of the Conservatorship of Madison N. Bose STATE OF IOWA ) � )SS / COUNTY OF�O( � On this /0'44day of Ste" , 207 -,before me, the undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared Cheryl Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknowledged that he executed the a as . voluntary act and deed. 10EL D HUSTON No u lic in and for the State of Iowa ",— Commission Number 733209 Cort+m' ion lre Jor C. Bose,Co-C ervator of the .14'nservatorship of Madison N.Bose STATE OF IOWA ) ss COUNTY or o � On this /044'�lay of 20 2L, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Jordan C. Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. �p� to��Q HusroN Not is Vin and for the State of Iowa z � Cama�isslon Number 7332�19 � m' ion ExZe • ayP i EXHIBIT A LEGAL DESCRIPTION 'I -,iujTT(;,GAjiAf-.s.iA.!4115,Fv:? ao fwn *wwl, EXHIBITW-EASEMENIT PLAT PUBLIC UJILITv EASEMENT DESCRIPTION TrM *Ef T I Q,m FM7 W LOT 13, V.0KVTDW< awes suwjvluo% okm OrMI&PW iw rtie CITY or MKS. 5"'f CtirjhTY,IOWA. EMMENT CMAIMS Q-Z4 ACRES (!MS SOVA'NZ FEEn. CRYSTAL STREET T. 400, % /=two it 23 Am P1,92 -%At W,cftzwm,�m4a SLP,t G PT.LOT 15 P,RICKTOWN kMES slisolvisloN MA4��W"m I EASEMENT PLAT _,_ I Instr. Number: 2021-08871 Recorded: 7/9/2021 at 3:07:51.0 PM County Recording Fee: $57.00 Iowa E-Filing Fee: $3.00 Combined Fee: $60.00 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa PUBLIC WATER MAIN UTILITY EASEMENT Recorder's Cover Sheet Preparer Information: (name,address and phone number) Joel Huston 1459 Grand Ave. Des Moines,IA 50309 Phone: 515-457-6222 Return Document To:(name and complete address) City of Ames,Iowa 515 Clark Avenue Ames,IA 50010 Grantors: MNB KNG,LLC(f/k/a IPE1031 REV338,LLC);JCB KNG,LLC(f/k/a IPE1031 REV322,LLC);Jordan C.Bose;and Madison N. Bose Grantee: City of Ames,Iowa L PUBLIC UTILITY EASENENT(S) KNOW TO ALL PERSONS BY THESE PRESENTS: 1. Grant of Easement(s). The undersigned, MNG KNG, LLC, an Iowa limited liability company (formerly nown as IPE1031 REV338, LLC); JCB KNG, LLC, an Iowa limited liability company (formerly known as IPE1031 REV322, LLC); JORDAN C. BOSE; and MADISON N. BOSE(hereinafter collectively referred to as the"Grantor"), in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby sell, grant, and convey to the CITY OF AMES,IOWA,a municipal corporation(hereinafter referred to as"the City"), a permanent and perpetual non-exclusive Public Utility Easement (hereinafter referred to as"Easement(s)')and right-of-way upon,over,under,through and across the real property legally described as: See Exhibit A,attached hereto and made a part hereof. 2. Use and Pumose of Easement(sl. This Easement shall be granted for the purpose of locating Public Water Main Utilities defined as those utilities established,formed,acquired,owned,or operated by the City of Ames, and to permit and allow the City to enter at any time upon, over, under, through, and across into said Easement(s)herein described to use as much of the surface and sub-surface thereof to construct, replace, locate, rebuild, enlarge, reconstruct, patrol, repair(including the right to place and build said utility therein or to connect and/or join said utility and appurtenances thereto)and to forever maintain utilities whenever necessary within the Easement(s) granted herein. After the date of this Easement, no structure or building of any kind whatsoever shall be erected upon property that is the subject of this Easement without the express written consent of the City. 3. Maintenance. The City agrees, after entry, as part of the construction, reconstruction, maintenance, replacement, location, rebuilding, enlargement, repair and patrolling of the utilities,to restore and replace the Easement area(s)to substantially the same condition as prior to the time of entry or as agreed upon by the City and the Grantor(s), including sodding or seeding if it is a landscaped area and the City shall be required to repave if the Easement crosses a paved area such as a sidewalk or a driveway,except the City shall not be required to replace landscaping,trees, shrubs, bushes, landscape elements, structures, or underground water systems nor shall the City be required to restore the Easement area by reason of settlement,depression,or any unknown conditions which arise subsequent to the restoration and/or replacing of the easement area;and subsequent restoration by reason of settlement,depression or any unknown conditions shall be the sole responsibility of the Grantor at the Grantor's sole expense. 4. Right of Access. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected in the Easement Area. 5. Hold Harmless. The Grantor agrees to indemnify and hold harmless the City, its elected officials, employees, officers, agents, representatives, contractors, and attorneys from and against any and all claims or demands for liability,loss,damage,costs,expenses,or attorney's fees of any kind for actions or omissions of the Grantor arising out of or in connection with any undertaking arising out of or otherwise related to this Easement. 6. Running of Benefits and Burdens. The terms and conditions of this Easement are binding upon the Grantor including, but not limited to, future owners,developers,lessees or occupants. All provisions of this instrument including benefits and burdens,run with the land are binding upon and inure to the heirs assigns,successors,tenants and personal representatives of the parties hereto. 7. Jurisdiction and Venue. The City and the Grantor agree the District Court of the State of Iowa shall have exclusive jurisdiction over the subject matter and enforcement of the terms and conditions of this Easement and said parties consent to the jurisdiction of the person being in Dallas County,Iowa. -3- 8. Words and Phrases. Words and phrases shall be construed as in the singular or plural n ber, and as masculine.,feminine or neuter gender,according to context. 9. Parties. The term "City" as used herein shall refer to the City of Ames, IoNta, its elected officials, agents, employees, officers, and contractors. The term "Grantor"i shall refer to MNG KNG,LLC,an Iowa limited liability company(formerly nown as IPEl 31 REV338, LLC); JCB KNG, LLC, an Iowa limited liability company (formerly know as IPE1031 REV322,LLC);JORDAN C.BOSE;and MADISON N.BOSE,collectively,itogether with their respective heirs,assigns,successors-in-interest,or lessees, if any. 10. Attorney's Fees. The City may enforce this instrument by appropriate action,and should they prevail in such litigation they shall recover as part of their costs the reasonable attorney's fees incurred in such litigation. 11. Integiation. This Agreement shall constitute the entire Agreement between the larties and no amendments or additions to this Agreement shall be binding unless in writing and signed by both parties. 12. Paragraph Headings. The paragraph headings in this Agreement are included solely for co venience and shall not affect or be used in connection with,the interpretation of this Agreement. Grantor does HEREBY COVENANT with the City that(i)Grantor Bolds said real estate described in this Easement Area by title in fee simple;(ii)that Grantorlhas good and lawful authority to convey the same;and(iii)said Grantor covenants to WARRANT AND DEFEND the said Easement Area against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, h-mestead and distributive share,if any,in and to the interests conveyed by this Easement. Words and phrases herein,.including acknowledgment hereof,shall.b construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed effective this_tday of, 2021. SIGNATURES APPEAR ON FOLLOWING PAGES -4- SIGNATURE PAGE TO PUBLIC WATER MAIN UTH ITY EAS=ELALF IT ACCEPTED ON OF CITY OF AMES i John Haita,Mayor Attest: Diane Voss,City Clerk t 5 SIGNATURE PAGE TO PUBLIC WATER MAIN UTILITY EASEMENT MNB KNG,LLC,an Iowa limited liability compa a IPE10JIV338,LLC) By: Doug omas, a er STATE OF CALIFORNIA ) ) SS COUNTY OF On this day of ,20 ,before me,the undersigned, a Notary Public in and for said County and the State of California, personally appeared Doug Thomas, to me personally known, who being by me duly sworn, did say that he is the Manager of MNB KNG, LLC, executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed of MNB KNG,LLC, an Iowa limited liability company. Notary Public in&for the State of California JCB KNG,LLC,an Iowa limited liability com,par IPE1031 REV322,LLC) By: Doug Thomas,Man STATE OF CALIFORNIA ) ) SS COUNTY OF ) On this day of ,20 , before me,the undersigned, a Notary Public in and for said County and the State of California, personally appeared Doug Thomas, to me personally known, who being by me duly sworn, did say that he is the Manager of JCB KNG, LLC, executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed of JCB KNG,LLC, an Iowa limited liability company. Notary Public in&for the State of California See Attached Document a4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C VIL CODE§ 1.189 A notarypublic or other officer completing this certificate verifies only the identity of the individual who si�Ked the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of On (,-ii—y°ai before me, OGu�u K�M�fU jR.Giy..) �Ulat \t Date Here Insert Name and Title of thi Ofricer personally appeared �`i iic,/ricc S. Name(pof Signers) who proved to me on the basis of satisfactory evidence to be the personW,whose named are subscribed to the within Instrument and acknowledged to me that g/she/they executed the same In&her/their authorized capacity(leA),and that by&her/their signature(a)on the instrument the person(.9),or the entity upon behalf of which the personfocted,executed the Instrument. _ 1 certify under PENALTY OF PERDU I Y under the OCTAVIO�� laws of the State of California that ti a foregoing COMM...2290137 (�)1 paragraph is true and correct. ® NOT ORAN(JCW��� W WITNESS my hand and official seal. m My Team Exp.IiaY 26,2023 Signature 9,P S r Place Notary Seal and/or Stomp Above Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to on unintended document Description of Attached Document Title or Type of Document: Document Date: Number of Pagls: Signer(s)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer-Title(s): ❑Corporate Officer-Title(s)' ❑ Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General ❑ Individual ❑ Attorney In Fact ❑ Individual ❑ Attorney,In Fact ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian I f Conservator ❑-Other. ❑ Other. 5lgner",is Representing: Signer Is Representing: ` � „ •-.[piC.a -• �-•••••-SiRL..7.3.aTC��+a7tiYoww'o t3fA.?$illavF`-�_•'�.O. . n52017 Naflohai Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1.189 A notary public or other officer completing this certificate verifies only the identity of the individual who sibried the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California 1 County of 0r&^5.e J} On 6-11-7",1 before me, OL4KVtG Date Here Insert Name and Title o the Officer personally appeared ggt,q - Nome(.J of Sfgner(4 who proved to me on the basis of satisfactory evidence to be the person(srwhose name(s)Iware subscribed to the within instrument and acknowledged to me that&/she/they executed the same In til}/her/thelr authorized capacity(),and that by tS/her/their signatureykon the Instrument the personjA,or the entity upon behalf of which the person,(s)•acted,executed the Instrument. I certify Under PENALTY OF PERJU Y under the OCTAVIO ROMEROJRm laws of the State of California that tt3e foregoing COMMNOTARY paragraph is true and correct. i+y Twin Exp.May 28,20 WITNESS my hand and official seal. Signature 0A J< Place Notary Seal and/or Stamp Above Signature of Notclry Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number ofPag s: Signer(s)Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer—Title(s): ❑Corporate Officer—Titie(s): I O Partner— ❑ Limited ❑ General ❑ Partner— ❑ Limited ❑ General ❑ Individual ❑ Attorney in Fact n Individual ❑ Attorne ;In Fad ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian lof Conservator ❑Other: ❑Other. Signer is Representing: Signer Is Representing: (02017 National Notary Association _ � r SIGNATURE PAGE TO PUBLIC WATER MAIN UTILITY EASEMENT J dan ose STATE OF IOWA ) COUNTY OF�101 ) SS On this day of t y ,20Zt ,before me,the undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared Jordan C.Bose,to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknow the executed the same as his voluntary act and deed. 10 10EL D HUSTONo ublic in and for the State of Iowa era► cUSTON °z CommWon Number 733209 40, Co sion Ex�ires Cheryl Bose, onservator of the Conservators of Madison N.Bose STATE OF IOWA ) ) SS COUNTY OF �� ) On this 1_DT'tiay of S ,20 2.t ,before me,the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared Cheryl Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknowledged that he exec" t e s voluntary act and deed. c JOEL 0 HUSTON No P lic in and for the State of Iowa Commission Number 733209 Ir May Co ton Ex ire Jord `. Bos4r&=CaaswAtor of the nservatorship of Madison N.Bose STATE OF IOWA ) SS COUNTY OF��I ) On this day of 5�_ ,20'Z! , before me,the undersigned, a Notary Public in and for said County and the State of Iowa,personally appeared Jordan C. Bose, Co-Conservator of the Conservatorship of Madison N. Bose, to me personally known,who being by me duly sworn,did say that he is executing the within and foregoing instrument and acknowledged that he execute e s tary ct and deed. 40 c� 10EL D HUSTON Commission Number 733209 o in and for the State of Iowa _ �" mm on iras EXHIBIT A LEGAL DESCRIPTION RETURN tO CIVIL OESIGN ADVANTAGE.$40$SE CROSSROADS ORNE.SUITE C.GRJMfM IA 50111.PH:X94400 FA10 304610 EXHIBIT'A'-EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION A PART Or LOT 13,BRIOIT00C AMES SUMMSON. AN OfRC1AL PLAT N THE CITY Of AWES. STORY COUNTY. IOWA AND YORE PARTICULARLY DESOEO AS FOLIO*&' cmatx= AT rmc SOUiH1w CORNER OP SAID LAT 13. T11 m swm souse EAST Aunt wm SOUTH LIE W SAID LOT M A DISTANCE OF 1000 FEET TO THE POINT OF SE004NQ TIMM NORTH OOZ.1 W EAST. 170.06 FELT; T mma SOUTH 10'isw LASi. 614 nrp muck NORIN 79T16'25'LAST,67.97 FLLTI TWICE SOUTH 10`50e EAST. 10.00 FEET. RgINCE SOUTH 79W25'Mr.67.97 fW. 111DKE Sam i0,SI* ' EAST. 31.41 FEET. 710CE SOUTH OD7SW *EST. 110.73 FEET TO SAM SOUTH LINE: TdDfCE NORTTt souse VEST MAW SAID SOUTH UNIL 1a00 FUYT TO W POINT OF 6LOINNING AND CONTA06NC 0.0S ACALS(2.129 SQUARE ten. c, CRYSTAL STREET v Sl0'5136'E 6.84' PROPOSM ,aar S10.51'35'E P.U.L. ,E 67 gT 10.00' 1 �79�08'25 gT S79'� S10.51'35'E 34.41' �.0N 6OA4.peg 00 sz, 00\ N � g � N S6983'16'S tO ar WATER MAIN EASEMENT SO COR LOT 13 POINT OF COMMENCEMEW Nss's3.1e'w,aoa POINT OF I ,IL 9GHd BEGINNING %ON 0 20 40• 80' I•As 40. ftam AWL:.- ,,, -j PT.LOT 13 BRICKTOWNAMES 1fMKCVtO3e$1W&lC*.VLVJR0 SUBCMSION otMAr8.1Jmscl•1 ,6,1.N0 EASEMENTPLAT f"01"Ns"n