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Home My WebLink AboutA008 - Easement dated August 14, 1997 with Mortagee's Subordination dated September 3, 1997 NaT.No. 9—7 — 11160 STORY COUNTY, IOWA �} Z� FILED FOR RECORD 'AM OCT 1 6 1997 a �— L VANM l mp,ReoMW Rewdnp Fee$ 2.�� cro r Audllora Fee$ RECORDERSPACE ABOVE RESERVED FOR INSTRUMENT PREPARED BY. F.J.Feilmeyer,P.O.Box 270,Ames IA 50010(Tel: 515-239-5000) EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, Everett W. Cochrane and Marjorie L. Cochrane,husband and wife;and Dickson D.Jensen and Luann C. Jensen, husband and wife; hereinafter referred to as the GRANTORS,for good and valuable consideration, do hereby grant unto the City 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 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. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the final plat drawing of First Addition,Dauntless Subdivision,Ames,Iowa,and described as follows: For use in distributing electricity and such other general utilities as may be distrib- uted under franchise of the City of Ames: The real property shown on Sched- ule"A"attached hereto and by this reference made a part hereof. For use of a sanitary sewer system: The real property shown on Schedule `B" at- tached hereto and by this reference made a part hereof. For use of a storm sewer system: The real property shown on Schedule"C attached hereto and by this reference made a part hereof. For use of surface water flowage or drainage: The real property shown on Schedule "D"attached hereto and by this reference made a part hereof. For use of walkway paths: The real property shown on Schedule "E" 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 subject to the following terms and conditions: 1. 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 trim or remove trees and shrubs within the Easement Area.to prevent damage to a utility service line of the Grantee located within the Easement Area. 2. SEEDING Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. FJF•9708081236 Page 1 of 3 EASEMENT Page 2 of 3 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. 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 ease- ment rights herein provided for; and that the Easement Area is free and clear of all liens and encum- brances. 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. 117 IN WITNESS WHEREOF the undersigned have executed this instrument on this J q iiay of 11997. J ; EVERETT W. COCHRANE MARJO L. COCHRANE STATE OF IOWA, COUNTY OF STORY, SS: On this I q day of 997, before me, the undersigned,a Notary Public in and for said State, personally appeared Eve6h W. Cochrane and Marjorie L. Cochrane, husband and wife, to me known to be the PERSONS named in and who executed the fore- going instrument,and acknowledged that the persons executed the same as the persons'voluntary act and deed. MM CoAm owl, N Notary alic IN WITNESS WHEREOF the undersigned have executed this instrument on this day of of 11997. DI SON D.JENSEN I1JANN C.JENSEN STATE OF IOWA, CO OF STORY, SS: On this day of AJ6 us , 1997, before me, the undersigned, a Notary Public in and for said State, personally appeared Dickson D. Jensen and Luann C. Jensen, husband and wife, to me known to be the PERSONS named in and who executed the foregoing instrument;and acknowle sons executed the same as the persons'voluntary act and deed. ICY HAE�5EXP� t�� /, Notary Public FJF•9706081236 9-7- 11160 (Z EASEMENT Page 3 of 3 SCHEDULE"A" General Utility Easement The North 5 feet of Lots 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, and 26; and Outlots"Q,""X,"and"Y"; The South 5 feet of Lots 1,2,3,4,5,6,7,8, 12, 13, 14, 15, 17, 18, 19, 20,21,22, 23, 24, 25, and 26; and Outlot"Z>>; The East 5 feet of Lots 5, 12, 14, 15, 18,and 20; The East 5 feet of the Southeasterly 40 feet of Lot 22; The East 10 feet of Lots 8, 9, 10, 11, 16, 17 and 21; The East 15 feet of Lots 1 and 26;and Outlots"Q,""Y,"and"Z"; The West 5 feet of Lots 4 7 8 9 10 11 13 16 17 19 20 21 and 22;and Outlots"X""Y",and"Z"; ALL IN First Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE"B" Sanitary Sewer Easement None. SCHEDULE"C" Storm Sewer Easement None. SCHEDULE"D" Surface Drainage Easement The North 5 feet of the East 350 feet of Outlot"Q"; The North 5 feet of Lots 1,2,3,4,and 5; The South 5 feet of Lots 23,24,25,and 26;and Outlot"Z"; The East 10 feet of Lots 8,9, 10,and I I; ALL IN First Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE"E" Walkway Path Easement None. FJF•9704161367 9 -7- 11160 3 M MORTGAGEE'S SUBORDINATION WHEREAS, First National Bank, Ames, Iowa, (the "Mortgagee") the present owner of the mortgage given by Everett W. Cochrane and Marjorie L. Cochrane to First National Bank, Ames, Iowa under date of October 1, 1993, and filed in the office of the Recorder of Story County, Iowa, on October 1, 1993, and recorded in Book 550 at Page 209, and therefore, Mortgagee has an interest in the real property described in the ease- ment instrument to which this Mortgagee's Subordination is attached; WHEREAS, the Mortgagee has been requested to subordinate its rights under said mortgage to the rights of the Grantee, its successors and assigns, under the attached easement instrument and deems it advisable to do so; NOW, THEREFORE, the undersigned, for good and valuable consideration, agrees that whatever right, title, lien, estate and interest the Mortgagee now has or may hereafter acquire in said real estate by virtue of the aforesaid real estate mortgage same halY:be junior, inferior and subordinate to the rights of the Grantee, its successors and as- sign$,v#clpr the attached easement instrument. I-'�VjTNESS WHEREOF, the Mortgagee has caused this instrument to be exe- . ; `;cJt�d"its behalf on this 3`-d day of September, 1997. FIR&.T— ONAL BANK, AMES, IOWA By y /�/L -V-= Edward C. Jacobson Sr.---' 'chael J. Senior Vice President Vice President STATE OF IOWA, COUNTY OF STORY, SS: On this �'1 day of September, 1997, before me the undersigned, a Notary Pub- lic in and for said state, personally appeared Edward C. Jacobson Sr. and Michael J. Flynn, to me personally known, who, being by me duly sworn, did say that they are the Senior Vice President and Vice President, respectively, of said corporation executing the forego- ing instrument; that seal oL ?)c d �5 7k, Su/W the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Edward C. Jacobson Sr. and Michael J. Flynn as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. N ary bli C) 7- 11no ��/�