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Home My WebLink AboutA008 - Easement dated March 7, 2000 is 0 1 INST.NO. STORY COUNTY ,OWA FILED FOA WO RID �� I-1 MAR 2 9 2000 PM SUBM L.VAN CA' RDINA FEE B FEE 6 RETURN T01PREPARE0 BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, Terra Firma,L.P., an Iowa limited partnership; Everett W. Cochrane and Marjorie I. Cochrane,husband and wife; Jensen Devel- opment Corporation, LTD, an Iowa corporation; and Erben A. Hunziker as Trustee of the Erben A. Hunziker Revocable Trust dated July 28,1992; hereinafter referred to as the GRANTORS,for good and valuable consideration, do hereby grant unto the City of Ames, Iowa, a municipal corporation, its succes- sors and assigns,hereinafter referred to as the GRANTEE,upon the conditions hereinafter recited,the per- petual 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 herein- after 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 Fourth 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 shown on Schedule"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"attached 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 es- tate, 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 i✓200003071014 SHARP,JAHN,FEILMEYER&FEILMEYER,plc �\ Attomeys at Law•Ames,Iowa 1 � EASEMENT—FOURTHADDITION,DAUNTLESS SUBDIVISION 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 easement 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 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 has executed this instrument on March 7, 2000. TERRA FIRMA,L.P. BY: EV COCBRANE&ASSOCIATES,INC., General Partner BY: i Everett W. Cochrane,President STATE OF IOWA,COUNTY OF STORY,SS: On March71 2000,before me, the undersigned, a Notary Public in and for said state, person- ally appeared Everett W. Cochrane,to me personally known,who,being by me duly sworn did say that the person is the President of Ev Cochrane & Associates, Inc., an Iowa business corporation, the CORPO- RATE GENERAL PARTNER of Tema Firma,L.P., an Iowa'LIMITED PARTNERSHIP, executing the foregoing instrument,that NO SEAL has been procured by the corporation;that the instrument was signed on behalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by author- ity of the corporation's Board of Directors;and that Everett W. Cochrane as that officer acknowledged exe- cution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntarily executed. t, RMYSCOM Sc OULLOUGH EXPIRES owe NOTARY PUBLIC IN WITNESS WHEREOF the undersigned have executed this instrument on March 7 ,2000. EVERETT W.COCHRANE MARJO . L. COC STATE OF IOWA,COUNTY OF STORY,SS: On March� 2000,before me,the undersigned,a Notary Public in and for said State,person- ally appeared Everett W. Cochrane and Marjorie L. Cochrane, husband and wife, to me known to be the PERSONS named in and who executed the foregoing instrument, and acknowledged that the persons exe- cuted the same as the persons'voluntary act and deed. je%% RUSS K.McCULLOUGH MY COMMISSI N EXPIRES NO ARY PUBLIC FJF 200003071014 SHARP,JAHN,FEILMEYER&FEILMEYFR,plc Attomeys at Law•Ames,Iowa ®® 03 1 9 EASEMENT—FWRTHADDmoN,DAUNTLESS SUBDIVISION Page 3 IN WrrNESS WHEREOF the undersigned has executed this instrument on March&"O. JENSEN DEVELOPMENT CORPORATION,LTD. BY - �1 a� V -`- Dickson D.Jensen,Pr r nt STATE OF IOWA,COUNTY OF STORY,SS: On MarchaRA.2000,before me the undersigned, a Notary Public in and for said state,person- ally 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 instru- ment to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. 4 HILLIARY A.HOWARD ` W Iwy COMMISSION EXPIRES NOTARY P IC N i FJF i✓200003071014 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa 00 ® 031 -77 3 EASEMENT—FWRTHADDITION,DAUNTLESS SUBDIVISION Page 4 In addition to the above and foregoing Consent and Dedication and pursuant to Section 614.14 of the Code of Iowa, the undersigned further states on oath that he is sole and presently existing trustee under the Erben A Hunziker Revocable Trust dated July 28, 1992; that he is authorized to consent to the platting of and to dedicate and convey said real property without any limitation or qualification whatsoever; that the trust is in existence and the undersigned, as trustee, is authorized to consent to platting of and to dedicate, transfer, and convey interests in said real property free and clear of any adverse claims; that the settlor is alive;and that the trust is not irrevocable or,if it is,none of the beneficiaries of the trust is deceased. IN WITNESS WHEREOF the undersigned has executed this instrument on March t��l/l.,2000. Lj ERBEN A.HUNZIKER as Trustee the ERBEN A.HUNZIKER REVOCA LE TRUST dated July 28, 1992 STATE OF IOWA,COUNTY OF STORY,SS: On March 004- 2000,before me,the undersigned,a Notary Public in and for said state, person- ally appeared Erben A.Hunziker,to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the FIDUCIARY, executed the instrument as the voluntary act and deed of the person and of the fiduciary. H!C�AMMIS°i0N EXPIReS NOTARY PUBLI Qwk FJF ✓200003071014 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attomeys at Law•Ames,Iowa 00 1_ ®3 1 7.7 EASEMENT—FouRTHADDITION,DAUNTLESS SUBDIVISION Page 5 SCHEDULE"A" General Utility Easement Lot Number Location Lot I...................he North 10 feet; Outlot E..............he South 10 feet; Outlot F..............he North 5 feet;the East 10 feet;the South 10 feet; Outlot G..............the North 5 feet;the East 15 feet;the South 10 feet;the West 10 feet; Outlot H..............he North 10 feet; ALL IN Fourth Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE°B" Sanitary Sewer Easement —NONE— SCHEDULE"C" Storm Sewer Easement Lot Number Location Outlot F..............Commencing at the Northeast Comer of Outlot"F";thence South 17'55' 00" West along the East Line of said Outlot "F" a distance of 285.43 feet to the Point of Beginning; thence South 17' 55' 00" West along the East Line of said Outlot "F" a distance of 8.95 feet;thence along a curve concave easterly an arc distance of 21.05 feet whose radius is 1,030.00 feet and whose chord bears South 17°19' 52" West, a distance of 21.05 feet; thence North 72' 25' 12" West a distance of 25.00 feet; thence North 17' 30' 21"East a distance of 30.00 feet;thence South 72'25' 12"East a distance of 25.00 feet to the Point of Beginning; ALL IN Fourth Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE"D" Surface Water Flowage or Drainage Easement Lot Number Location Outlot F..............Commencing at the Northeast Corner of Outlot"F";thence South 17'55' 00" West along the East Line of said Outlot "F" a distance of 285.43 feet to the Point of Beginning; thence South 17' 55' 00" West along the East Line of said Outlot"F" a distance of 8.95 feet; thence along a curve concave easterly an arc distance of 21.05 feet whose radius is 1,030.00 feet and whose chord bears South.17019' 52" West, a distance of 21.05 feet; thence North 72' 25' 12" West a distance of 25.00 feet; thence North 170 30' 21" East a distance of 30.00 feet; thence South 72'25' 12"East a distance of 25.00 feet to the Point of Beginning; Outlot G..............the North 5 feet of the East 350 feet; ALL IN Fourth Addition,Dauntless Subdivision,to Ames,Iowa. SCHEDULE"E" Walkway Path Easement —NONE— FJF d 200003220912 SHARP,JAHN,FEILMEYER&FEILMEYER,plc i Attomeys at Law•Ames,Iowa 00 - 0 3 0 77