HomeMy WebLinkAbout~Master - Permanent Watermain Easement from Western Independent LLC Instrument N: 2023-09079
12/21/2023 08:55:27 AM Total Pages: 4
EASE EASEMENTS
Recording Fee: $ 22.00
Stacie Herridge, Recorder, Story County Iowa
mill 1111� IM ill,�S HIM? I°MR111111
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 pages 3.
Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010
PERMANENT WATERMAIN EASEMENT
KNow ALL PERsoNS: The undersigned WESTERN INDEPENDENT,LLC, an Iowa limited liability
company (hereinafter referred to as the "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 "City"), 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 adjacent
public rights-of-way. The Easement Area is located on a parcel of land situated in Story County,Iowa, described
as follows:
For use as a permanent watermain easement: The real property described in Exhibit "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 City,
including City's agents,employees and contractors,subject to the following terms and conditions:
1. OBSTRUCTIONS PROMITED. 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 except with the
prior written consent of the City. The City shall have the right to remove any unauthorized fences,
structures,obstructions or other improvements or materials placed or erected over,under,on,through
or across or otherwise within the Easement Area. Grantor shall not change grade,elevation or contour
of any part of the Easement Area without obtaining the prior written consent of the City.
2. RESTORATION.The City has no construction responsibilities during the initial construction of the sanitary
sewer extension upon the Easement Area and shall have no restoration responsibilities during the
construction of the initial sanitary sewer extension upon said Easement Area.
3. NONEXCLUSIVL EASEMENT. The easement rights granted under this instrument to the City 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 City.
4. TITLE WARRANTY. Grantor WESTERN INDEPENDENT,LLC,warrants to the City that it holds title
to the Easement Area in fee simple,and that it has good and lawful authority to grant the easement rights
herein provided for.
5. SUCCESSORS AND ASSIGNS.The easement rights granted herein shall be binding upon the heirs,successors
and assigns of the Grantor.
6. INTERPRCTATioN.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
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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 WHERE,OFthe undersigned has executed this instrument on koft►tr I` ,2023.
WESTERN INDEPENDENT, LLC
B rr
Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on 2023,by
[insert name],as Manager of Western Independent,LLC.
C'
NOTARY PUBLIC
Official Sea{
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Public State of In
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EASEMENT EXHIBIT
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