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Home My WebLink AboutA008 - Easement dated September 1, 1999 J0 INST.NO. STORY COUNTY IOWA 5' ' FILED FOR RECORD U9N � V� SEP 27 1999 PM •`q'`'k '1J 3 SUSAN L.VANDJ I� p,Recorder y .=~ RECORDING FEE$ p AUDITOR'S FEE$ _r--- ".a A RETURN T0IPREPARED BY: Franklin J.Feilmeyer,Sharp Law Firm,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, Everett W. Cochrane and Marjorie L. Cochrane,husband and wife,hereinafter referred to as the GRANTOR,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 certain real property situated in Story County, Iowa, as shown on the final plat drawing of Third Addition, Dauntless Subdivision to 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 shown on Schedule"A" attached hereto and by this reference made a part hereof. For use of a storm sewer system: The real property shown on Schedule `B" attached hereto and by this reference made a part hereof. For use of a surface water flowage or drainage: The real property shown on Schedule "C"attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the underlying real estate, and the Grantor's 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 pre- vent 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 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. 4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for; and that the Easement Area is free and clear of all liens and encum- brances except as may be described in the Mortgagee's Subordination attached hereto. FJF 199900311156 EASEMENT Page 2 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 in- strument 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 have executed this instrument on September L_ ' 1999. C r EVERETT W.COCHRANE MART L.—EO- CARANE STATE OF IOWA, COUNTY OF STORY, SS: On September , 1999,before me,the undersigned, a Notary Public in and for said State,personally appeared Everett W. Cochrane and Marjorie L. Cochrane to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. NQtARY LIC/ �•4` `�� FRANKLIN J.FEILMEYER My COMMISSION u XPIRES OWA 2000 FJF ✓199908311156 _ 3.358 Z� 99 1 EASEMENT Page 3 SCHEDULE"A" General Utility Easement Lot 1 — the east 15 feet and the west 5 feet. Lot 2 — the north 5 feet and the east 15 feet and the southwest 5 feet. Lot 3 — the north 5 feet and the south 5 feet. Lot 4 — the north 5 feet and the south 5 feet. Lot 5 — the north 5 feet and the south 5 feet and the west 5 feet. Lot 6 — the north 5 feet and the east 5 feet and the west 5 feet. Lot 7 — the east 10 feet and the west 5 feet. Lot 8 — the northeast 10 feet and the south 5 feet and the west 5 feet. Lot 9 — the northwesterly 10 feet and the east 15 feet and the south 5 feet. ALL IN Third Addition,Dauntless Subdivision to Ames,Iowa. SCHEDULE`B" Storm Sewer Easement Lot 9 — a 10-foot wide strip being 5 feet on each side of the following described centerline: be- ginning at the Southeast corner of Lot 9; thence North 44' 31' 42" West, 199.36 feet to Twain Circle and the Point of Ending. Third Addition,Dauntless Subdivision to Ames,Iowa. SCHEDULE"C" Surface Drainage Easement Lot 6 — the west 5 feet. Lot 7 — the west 5 feet. Lot 8 — the south 5 feet and the west 5 feet Lot 9 — the south 5 feet. ALL IN Third Addition,Dauntless Subdivision to Ames,Iowa. FJF N 199908311M 99 - 13358 � 3� EASEMENT Page 4 MORTGAGEE'S SUBORDINATION WHEREAS,First National Bank,Ames,Iowa(the"Mortgagee")the present owner of the mort- gage 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 de- scribed in 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. 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,September Z, 1999. FIRST NATIONAL BANK awe &t�ti i y AMES,IOWA 4 � Edward C. Jacobson Sr� nior Vice resident r. <?`STATE'OF.IOWA, COUNTY OF STORY, SS: On September 2 , 1999, before me the undersigned, a Notary Public in and for said state,personally appeared Edward C. Jacobson Sr.,to me personally known, who,being by me duly sworn, did say that he is the senior vice president of said corporation executing the foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors;and that the said Ed- ward C. Jacobson Sr. as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. N TAR P L FJF 199900311156 9 9 - 13 3 8 «\