HomeMy WebLinkAbout~Master - Permanent Sanitary Sewer and Drainage Easement Instrument, q: 2023-01323
03/09/2023 09;34:34 AM Total Pa es 3
EASE EASEMENTS 9
Recording Fee: 17,00
Bill K! CA
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Mark O,Lambert,City Attorney,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146
Legal Description: See page 3.
Rehire document to: City Clerk,City of funs,515 Clark Avenue,Ames,IA 50010
PERMANENT SANITARY SEWER&DRAINAGE EASEMENT
KNOW ALL PERSONS: The undersigned, HTJNZH{ER DEVELOPOP EN1—GHPJLE.LJC, an Iowa
limited liability company (hereinafter referred to as (lie "Grantor"), for valuable consideration the sufficiency of
which is acknowledged and accepted,does hereby grant unto the City of Ames,Iowa,an Iowa municipal corporation,
(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 to construct, reconstruct,cover over, clean up, operate,
use, maintain, and repair the systems described 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 adjacentpublic
rights-of-way. The Easement Area is located on a parcel of land situated in Story County, Iowa, described as
follows:
For use of a City of Ames sanitary sewer and drainage easement: The real property shown on
Schedule"A"attached hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee,
including Grantee's subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner 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, fence or other 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 trim or remove trees and shrubs within the Easement Area as Grantee requires.Grantor shall not
change grade, elevation or contour of any part of the Easement Area without obtaining the prior written
consent of the Grantee.
2. NONExCLUS1vr EASEMENT. The easement rights granted under this instrument to the Grantee are
nonexclusive. This instrument shall not preclude the Grantor from granting similar easement rights to
third parties upon terms and conditions that do not impair or diminish the rights granted under this
instrument to the Grantee.
3. 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.
4. SUCCESSORS AND ASSIGNS. The easement rights granted herein shall be binding upon the heirs, successors
and assigns of the Grantors.
5. 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.
IN WITNESS WHEREOF the undersigned has executed this instrument on February a 9,2023.
HUNZIKER DEVELOPMENT GROUP,LLC
By:
Ju n o ,M nager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on February ,2023,by Justin Dodge,as Manager of Hunziker
Development Group,LLC.
NOTARY PUBLIC
o.�"' `•� MARCIA KRAUSE
it Commission Number 803020
o MY missi Ices
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SCHEDULE 'A'—Permanent Easement Area
Parcel "P"a part of the N 1/3 of N 1/2 of the SW Frl. 1/4 and the N 1/3 of the W 1/2 of the NW 1/4
of the SE 1/4 of Section 6, Township 83 North, Range 24 West of the 5t"P.M., Story County, Iowa,
as shown on the Plat of Survey recorded on December 15, 2003, as Instrument No. 03-24892, Slide
191,Page 2.
[Approximately 1.20 acres]
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