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Home My WebLink AboutA008 - Easement dated March 2, 1999 and Mortgagee's Subordination - 99 - 0 394 7 INST.NO. STORY COUNTY, IOWA FILED FOR RECORD . 0yk-M n MAR 2 6 1999 SUSAN L.VANDIJAMP,Reorders"' RECORDING FEE - AUDITOR'S FEE$ -•..-- ABOVESPACE .- RECORDER RETURN TO/PREPARED BY: Franklin J.Feilmeyer,P.O.Box 270,Ames,IA 50010(Tel: 515-239-5000) EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That Jensen Development Corporation,Ltd.,an Iowa Corporation, hereinafter referred to as the GRANTOR, for good and valuable consideration, does 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 un- der the Easement Area. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the final plat drawing of Second Addition,Dauntless Subdivision,Ames,Iowa,and described as follows: For use in distributing electricity and such other general utilities as may be distributed under franchise of the City of Ames: The real property described as follows: The North 5 feet of Lots 1, 2, 3,4, 5, 6,7, 8, 9, 10, 11, 12, 13,and 14; and the South 5 feet of Lot 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, and 27, all in Second Addition,Dauntless Subdivision,Ames,Iowa. For use of surface water flowage or drainage:The real property described as follows: The North 10 feet of Lots 15, 16, 17, 18, 19, 20,21, 22, 23, 24, 25, and 26;and the North 10 feet and the East 10 feet of Lot 27;all in Second Addition,Daunt- less Subdivision,Ames,Iowa. 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. 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 easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. FJF•9902231615 EASEMENT Page 2 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 encumbrances. S. 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 instru- ment 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. Dated this day of (� 11 1 , 1999. JENSEN DEVELOPMENT CORPORATION,LTD. BY Dickson D.Jensen, ident STATE OF IOWA,COUNTY OF STORY,SS: On this ar c a day of EDCUh 1999,before me the undersigned,a Notary Public in and for said state, personally appeared Dickson D. Jensen, to me personally known, who, being by me duly sworn, did say that he is the President of said corporation executing the foregoing instrument; that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dickson D. Jensen as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him volun- tarily executed. BRENDA C.MCCLOUD W COLUSSION EXPIRES Notary Public OMI. June 17,20M MORTGAGEE'S SUBORDINATION WHEREAS,Norwest Bank Iowa,National Association (the"Mortgagee") the present owner of the mortgage given by Jensen Development Corporation, Ltd., to Norwest Bank Iowa, National Associa- tion, under date of November 20, 1998, and filed in the office of the Recorder of Story County, Iowa, on December 4, 1998,and recorded as Instrument N°98-16837,and therefore,the Mortgagee has an interest in the real estate described in the easement 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 ad- visable to do so. FJF•9903010938 4 7 1 C " EASEMENT Page 3 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 shall be junior,inferior and subordinate to the rights of the Grantee,its successors and assigns,under the attached easement instrument IN WITNESS WHEREOF, the Mortgagee has caused this instrument to be executed on its behalf on this AA4 day of March, 1999. NORWEST BANK IOWA, NATIO ALASSOCIATION By G Monica L.Dolezal Vice President,Business Banking STATE OF IOWA,COUNTY OF STORY,SS: gn k —_� ",before me the undersigned, a Notary Public in and for said state,person- ally appeared Monica L. Dolezal,to me personally known,who,being by me duly sworn, did say that she is the Vice President of said corporation executing the foregoing instrument;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said Monica L.Dolezal as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by her voluntarily executed. KIMBERLY K. BEHRENDT MY COMMISSION EXPIRES Notary Pub September 20, 2001 FJF*9903010938 Q 0 39 4 7