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Home My WebLink About~Master - Water Main Easement from Evan Kent Cooper and Joan Cooper - 208 South Dayton Instrument 0: 2021-14006 11/03/2021 01:01:59 PM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa S P ACE ABOVE RESERVFD FOR OFFIC IA L USE Legal description: See page 3. Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 Water Main Easement Know All Persons:The undersigned, Evan Kent Cooper and loan E. Cooper, husband and wife, (hereinafter referred to as the "Grantors"), their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do hereby grant unto the Ci1y of Ames, Iowa, a municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area for the uses set forth hereinafter over,upon,across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way.The Easement Area is a strip of land situated in Story County, Iowa,as shown on the attached Easement Exhibit,and described as follows: For the use of a water main and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Exhibit"A"attached hereto and by this reference made a part hereof(the"Easement Area"). Grantee shall have the right within the Easement Area to construct, reconstruct, cover over, clean up,operate, use,maintain,and repair the systems described.The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: i Obstructions Prohibited.The Grantors,as the fee simple owners of the underlying real estate, and the Grantors'successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee.The Grantee shall have the right to prevent damage to a permitted improvement of the Grantee located within the Easement Area,which shall include the right to remove obstructions within the Easement Area. 2 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work,at Grantee's sole cost. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar ease- ment rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. Easement P a g e 12 4 Title Warranty.The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple; that the Grantors have good and lawful authority to grant the easement rights herein provided for. 5 Successors. This Easement shall be binding upon successors and/or assigns of both the Grantors and Grantee. 6 Interpretation.Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context.This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. �ffIn. • Witness Whereof the undersigned has executed this instrument on N U IK,tia.b�t- (S7 ,2021. Evan Kent Cooper(a/k/a E.Kent Cooper) Jo E. Cooper STATE OF lmr4' , COUNTY OF NO► z , SS.: This instrument was acknowledged before me on "L. CV �c 2021, by Evan Kent Cooper (a/lc/a E. Kent Cooper) and Joan E. Cooper, husband and wife. ti ,�, MARY BORNIREGER k-P rk i Commission Number iowtk My Commission Expires NOTARY P C October 2o,2024 EASEMENT EXHIBIT LOCATION: PARCEL F IN THE NW1/4, NW1/4, SEC. 7-83-23 CITY OF AMES, STORY COUNTY, IOWA PROPRIETOR: EVAN KENT&JOAN E. COOPER SURVEYOR: R. BRADLEY STUMBO, PLS #17161 FOX ENGINEERING ASSOCIATES, INC. AMES, IA 50010 515-233-0000 NE LINCOLN WAY 5.02' PAR E FER I I I I I � I i I BK 14CFL IF ,PG 21 I WATER MAIN S01°12'00"W EASEMENT 387.85' 4030.13 S.F. I I 10, I i I I Survey Description-Water Easement: A strip of land 10.00 feet in width across Parcel F in the Northwest Quarter of the Northwest Quarter of Section 7, Township 83 North, Range 23 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerline: Beginning at a point on the north line of said Parcel F which is 5.02 feet west of the Northeast Corner thereof;thence S01°12'00"W, 387.85 feet, parallel with and 5.00 feet west of the easterly of said Parcel F;thence N89°21'39"E, 15.16 feet, parallel with and 5.00 feet south of a segment of said Parcel F boundary, and there terminating. I N ' ' N89°21'39"E 15.16' 0 50' 100' I hereby certify that this land surveying document was N%%%11Illlil�� prepared by me or under my direct personal supervision �\\\`� ILEY STD and that I am a duly licensed Professional Land �.�` �P ,.......•.. Zj �OX Surveyor under the laws of the State of Iowa. ;��;' �ENSFo•.�O engineeringzz _ � 17161 o _ FOX Engineering Associates, Inc. _ _ 414 South 17th Street,Suite 107 R. BRADLEY S MBO, PLS DATE O Ames,Iowa 50010 License number 17161 �i�Fs/ /Owp, FAX:Phone(5115)233-011080 My license renewal date is December 31, 2021. i��i/ONgC'LIANO\5��``�� ]OB#5483-19A DATE: 11/01/21 PAGE 1 OF 1