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Home My WebLink About~Master - Water Main Utility Easement from Kum & Go - Bricktowne Ames - 3111 South Duff 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,E�a9 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 AM ES,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 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, I4a, 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 IPE 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. •Attornev'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 aitorney's fees incurred in such litigation. 11. bite rag_•tion. This Agreement shall constitute the entire Agreement between the arties 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 COVE NANT with the City that(i)Grantor holds said real estate described in this Easement Area by title in fee simple;(ii)that Grantorllhtas go od and ii)said Grantor covenants to W AND lawful authority to convey the same;and(i DEFEND the said Easement Area against the claims of all persons whomsoever. all rights of dower, hI mestead and Each of the undersigned hereby relinquishesg 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 day of SIGNATURES APPEAR ON FOLLOWING PAGES -4- } SIGNATURE PAGE TO PUBLIC WATER MAIN UTILITY EASE I NT ACCEPTED ON B HALF OF CITY OF AMES John Haila,iviayor Attest: Diane Voss,City Clerk 1 f • • t S SIGNATURE PAGE TO PUBLIC WATER MAIN UTILITY EASEMENT MNB KNG,LLC,an Iowa limited liability compa a IPE1031 V338,LLC) By: Doug omas,M 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 compar 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, ame�h s volunt the ary acthin �and deed of JCB KNGd foregoing ,t and acknowledged that he executed the s an Iowa limited liability company. Notary Public in&for the State of California -6- See Attached Document �� CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT C VIL CODE§ 1189 A notary public or other officer completing this certificate verifi7onlythedentity of theindividual who signed the documentto which this certificate is attached,and not the truthfulness, validity of that document. State of California County of Lj On b it-L°ai before me, OG Date Here Insert Name and ritie of thi Officer personally appeared U1 -rkvmu S Namep,of 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(lgs),and that by&her/their signature(a)on the instrument the person(,or the entity upon behalf of which the person(octed,executed the instrument. 1 certify under PENALTY OF PERDU Y under the � laws of the State of California that t e foregoing OCTAVIO ROMERO JR COMM..229U137 paragraph is true and correct. ® NOTARY PUBLIC AIJFORNIA L�J WITNESS my hand and officlal seal. m WJNTY My T��Mgy 26.20 Signature aP !r Place Notary Seal and/or Stamp 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: NumberofPag s: Document Date: 1 Signers)Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer-Tltle(s); ❑Corporate Officer-Tide(s)'. ❑ Partner- ❑ Limited ❑ General ❑ Partner a ❑ Limited ❑ General), ❑ Attorney In Fact ❑ Individual ❑ Attomein Fact ❑ individual y ❑ Guardian of Conservator ❑ ❑Trustee Guardian of Conservator ❑❑ Trustee'te ❑-Other. Other Signer is Representing: -gignefJs Representing: 02017 NAfiofial Notary Association CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 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 Oc,( County of t72^`S� JT On �`11—L-r•1 before me, c�v VG r.�t+nr� tot •4+ ►- Date Here Insert Noma and Title o thi Officer personally appeared go Name.(d)of Signer(at who proved to me on the basis of satisfactory evidence to be the person(i)whose name(8)!Ware subscribed to the within Instrument and acknowledged to me that&/she/they executed the same In rl /her/their authorized capacity(ij?s),and that by&1her/their signature*on the Instrument the personal,or the entity upon behalf of which the personfA.acted,executed the Instrument. I certify under PENALTY OF PERJU Y under the OCTAV15NOMFAOA laws of the State of California that 0 e foregoing COMM...2290137 paragraph is true and correct. NOTARY PURC-1091150FRA m OMN6ECOIRtiY WITNESS my hand and official seal. My Yemr Exp.Mey 2fi,2W Signature D )r 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: NumberofPag s:_ Signer(s) Other Than Named Above: Capacity(fes) Claimed by Signer(s) Signer's Name: Signer's Name: O Cor orate Officer-Tltle(s): ❑Corporate Officer-Title(s): P O Partner- ❑ Limited ❑ General ❑ Partner- ❑ Limited ❑ General I ❑ individual ❑ Attorney in Fact I7 Individual ❑ Attornei In Fad ❑ Trustee ❑ Guardian of Conservator ❑ Trustee ❑ Guardian bf Conservator ❑Other: ❑Other. Signer is Representing: Signet is Representing: 02017 Natiorial Notary Association SIGNATURE PAGE TO PUBLIC WATER MAIN UTILITY EASEMENT J dan ose STATE OF IOWA ) )SS COUNTY OF O! ) On thisO—A day of�x ,202( , 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. No ublic in and for the State of Iowa �� t,� 10EL D HUSTON _ Commission Number 133209 Co sion Ex ires Cheryl Bose, - onservator of the Conservators of Madison N.Bose STATE OF IOWA ) )SS COUNTY OF�Rlk ) On this Tay of S1K.t. ,20 Z-f_,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 execut e s s voluntary act and deed. t JOEL D HUSTON No Pla5lic in and for the State of Iowa s Commission Number 733209 Mbc Co Ion Ex ire Jord . Bos for of the nservatorship of Madison N. Bose STATE OF IOWA ) SS COUNTY OF. I- ) On this /Y k day of r,A4 .- ,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 me s tary ct and deed. �s JOEL D HUSTON o in and for the State of Iowa So Commission Number 73=0 _ mm on Tres rown EXHIBIT A LEGAL DESCRIPTION RETURN TO.CIVIL DESIGN ADVAMAOE.34as SE CROSSROADS DRWL SUITE 0.OFQM&lA 50111.PN 369.4400 FAX 369."to EXHIBIT'A'-EASEMENT PLAT WATER MAIN EASEMENT DESCRIPTION - A PART OF LOT 13,9XICKTOWE AMES SUMMSION. AN OFFICIAL PLAT N THE CITY OF AYES. STORY COUNTY. IONA AND MORE PARACUTARLT 0=RSEC AS FOLLOWS. comim m AT @iC SOUTMMTS. Comot of SAID LOT 13. TMDKE SOUTH 1f933'18'EASY ALANO T1m SOUTH WE W SAID LOT 13. A OISTANCE OF 1o.00 FEET To THE PONY OF sicim to THEkCB NORM onsw EAST. 170.06 Fife rADxc SOUTH tO3ow LAST. A14 rwp muck NORM 7998 W LAST. 67.27 FW. TANCL SOUTH 10'50W EAST. 10.00 FWl' TMENCL SOUTN 79V C29*MST.67.97 fM7. tMDKE SOUTH tOR31'3W EAST. 34.41 FEET: THENCE SOUTH 002SW 65T. 110.73 FEET To SAID soM UNE: MD6CE NORTH 9933'1Lr HEST MAW SAID SOM UN4 10.00 FLLT To TNQ POW OF KOINIM AND CONTAWNo 0.05 MRLS(2.129 SOUNK n2r). CRYSTAL STREET STo•S1'35'E 8.94' SIW51'35'E PROPOSM to.ar T 1o.w P.U.L. 8T 9 I TT79'�� ,W gT.9T S79'08 S10.51'35'E 34.41' ul r 0�,%WON N � g � N S693Y16'C 10.00' WATER MAIN EASEMENT SM COR LOT 13 POWT OF COMMENCEMENT` NE1965316'VN laoa' POENT BEONNI c o 20 40' EJO' I•a 40. nm nS am Ina oA1e ft#m+t�+ l a,w m PLO=We �amMt PT.LOT 13 BRICKTOWN AMES SUSONISION QSAI� 1 °`tea" 0C+•+ 101 EASEMENT PLAT ,,�,a,,, c1r> o>s<caAwaNTADe °11M18I'0"'0D `'�MeS+ "n