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Home My WebLink AboutA004 - Description Not Yet Entered Instrument 0: 2019-11478 12/02/2019 02 44 35 cr Total Pages 3 EASE EASEMENTS Recording Fee s 17 Oe Stacie Harrldpe, Recorder, Story County Iowa Retum to. Fox Engineering Associates Inc 4'4 S 1 7th St Ste 107 Ames IA 50010 S P A C E A B O V E R E S E R V E D FOR O IFFICIAL US E Lettal description:See page 3. o:City Clerk 515 Clark Avenue Ames lA 50010 Document prepared by:City of Ames Legal Department,515 Clark Ave. Ames IA 50010-515-239-5146 Sanitary Sewer Easement Know All Persons: The undersigned, DHN Inveatments , an Iowa limited liability company,and:18 E. Lincoln Way L.C.an Iowa limited Lability company, ()ointly the"Grantors" to the full extent of their respective interests), their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged,does hereby grant unto the City of Amrs. lo-wA 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 de- scribed 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,described as follows For the use of a sanitary sewer system: 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 es- tate,and the Grantors successors and assigns, shall not erect or place within the Easement Ar- ea 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. i 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 cast 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. 2019-11478 EASE 12/02/2019 02:44:35 PM Page 2 of 3 2 a Title Warranty.The Grantors warrant to the Grantee that the Grantor hold the Easement Area by title in fee simple; that each of the Grantors have good and lawful authority to grant the easement rights herein provided for to the extent of their respective interests, which together cover the entirety of the Easement Area, 5 Successors. This Easement shall be binding upon successors and/or assigns of both 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. �Qq In Witness-7 Whereof the undersigned has executed this instrument on 2019, DHN INVESTMENTS LLC Dated O I/tO"ig b Br . 2019, B SIGNATURE i< TPrhron NAMf PRINTED TITLE Of AUTHORIZED GNER STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on NOY" 2oig,by T e r%n, T r- 1 h r)n (insert name)as Manager of DHN Investments LLC �.� MM(LA M MFSI COr11TINlOn Numbs 1 f)616 /6My Comm�'rio e.o1r.. rn A --- a4=v��7 - NOTARY PUBLIC 2019-11478 EASE 12/02/2019 02A4:35 PM Page 3 of 3 3 tJ ll__ Zl/ 728 E. LINCOLN WAY LLC 1 L'Dated Ptri. er 2019. By: 4�Q�21t71(— �� SIGNATURE — NAME PRINTED d fond 01'� '- TTTLBOF AL-MORIZErTSIGNER STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on 2019,by m" (insert name)as Manager of 728 E. Lincoln Way LLC. =•7�-'� Commlulon »umber 1 t My corntnt fIo explret NOTARY PUBLIC r 1Hr* �L11r2�-- EXHIBIT'A'—LEGAL DESCRIPTION (EASEMENT AREA) A strip of varying width lying in the East 150 feet of the North 350.4 feet of the Northeast Quarter of the Northeast Quarter of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, being situated 5.00 feet West and 10.00 feet East of the following centerline: Commencing at a point on the west line of said East 150 feet which is 140.00 feet South of the Northwest Corner thereof, thence S88056'40"E, 5.00 feet to the point of beginning, thence S00°12'12"E, 142.95 feet; thence being situated 7.5 feet south and 10.00 feet North of the following centerline bearing S88°55'53"E, 145.51 feet, and there terminating.