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Home My WebLink AboutA004 - Utility Easement ter. NO.qrl - 13671 STORY COUNTY, IOW FILED FOR RECORD AQ j AN DEC 1 1 1997 PM !-� p KM L YANDE KW,ReOgde w Rsw dlrp Fee$ to 'k%SMUN.(SNT PREPOW*D BY-, r,��i6 W. B'��:on. F.�..F3ax z70 AM4M 1A.R0070(Te1.515.219-5000) "; � V; . r. UTUffY EASEMENT :y KNOW ALL PERsoNs By THIS TNSTRUIVILNY 171at HORNE-A.MES, LLC, a 1'eaneszec I.imitcd Liability Company; s; hereinafter rcfexxed to as the GRANTOR, for good, unci valuable consideration, dots hereby t ant nark) The CITY OF AI I S, ZOWA, a irunicipal corporation, its :aiccessors and assigns, la.reit,Ffwv refereed to as the GIWN7EE, upon the conditions h=lnaller recited, t".c IjArpetuai right to enter upon the luid heminaftec described as the Eascrurnt Area :a consizuct, reconstruct, cover over, clean up, orep ate, use, maintain and repair the following,.=ements: ;a) P31blic u ility easements over, across waa under the North 10 feet of Lots 1, Z and. 3; the East 10 feat of Lots 1 aaad -; and the Northeast 10 feet of Lot 3; and (b) Water mair, ease✓nent;; an yac _ er e��,serrt:Sl1S over, upon; across and under the easement aree. a;i shown un tt,.e plat drawing of Hone Sub- e.iv1s1clt, Ames, lc%v�- and nii,rc paitcularly described on Exhibit 'A", at- tached b retc. The foregoing :~l hts are granted by Lkv. C-raptor and shall be accepted and exer- c•tscd by the Grantee xabic o:to the tollow.mg, terms and conditions: I. 0i3sTRut—,,rNs ftowsrr o. The Granter, as the fee simple owaex of tbe; underlying Taal esca c, .r;.a h4. Grantor's successors and assigns, shall not erect or place -vri.hia the F.userrcnz P,-.a xa),- building except with the prior written consent of the (Iran-ee. 7nt Grantee shall have the right to trim or remove trees and shrubs withirL the East:;rtent Area to preverr. danlaga t a wili�.y service line of the Grantee located within the Ezzoment A:ea. 2. 17ES`CORAVON. Immediately following construction, reconstruction or mpaix work by the Grantee within the Ea:rment Arm. weather and season permitting, the g.�c.•�::ci distu._ried wihhi:, tk,.c: caseraent Area by such work sL l be res-to:cd to its natural ;raid,. and pre-i iuus ccn3ition by the Grantee or., if reasonably required by said construc- on., reconstruction or repair, an improved gx-ade and condition compatible therewith. If :he ground disturbed within Lhe Fascrs.tnt Area has existing grass cover all tillable topsoil -tem ,ved from such ground area shall 'c separately sto,ckpilcl and then restored to its hutp.'J{ki -2- previous surface location upon completion of the construction, reconstruction or repair work. 3. SEEDING. Immediately Aollowing construction. reconstruction or repair work by the Grantcc within the Easeemcnt k-ea, weather and season permitting, ground area with previously existing grass cover that is disturbed by such work shall be plaalmed with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 4. SERVICE CONNECTIONS, The Grantor, its successors and assigns, shall have the right to connect to any water main and sanitary sewer line constructed and maintained.in the Eas=ent Area. 5. NONEXCLUSIVE EA sEmENT. The easement rights granted under this in- strument to the Grantee are nonexclusive. This instnunent shall not preclude the Grantor froth 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. 6. INDEMNIFIGA,'IION. The Grantee agrees to indemnify and hold the Gran- tor harmless as to all loss, damage or expense sustained personally by the Grantor and as to all liability of the Grantor to third persons by reason of damages or injuries to persons or property res-alting from the +Gr«antce'3 f:Lilure to use due care in the exercise of the rights granted to the Grantee under this instrument. 7. 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 encurabiwit..s except as may be described in the Mortga- gee's Subordination attached hereto. 8. CONSTRUCTION. Words and phrases used in this instrument shall be con- stried as in the single or plural munber, 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 instru- -meat are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. - �'�- 13(; 71 �.�> -3 _ IN Wyss WRIEREOF Home-Ames, LLC has caused this instrument to be exe- cuted on this -= day of Dcownber, 1997. IxORNE--AMPS, LLC By C`. s STATE OF TENNESSEE, COUNTY OF ;17A' v , SS: On December .� 1997 bdore me the undersigned, a Notary Public in and for said state, personally appearedn hr� r �s/K� to me personally known, who, being by me duly slxorr1 did say that the person is the _ %:; ,. ;- - of said LI.'vIITED LIABILITY CONWANY executing the foregoing instrument; that NU SEAL has been procured by the said limited liability company; that said instrument was signed qn behalf of said limitcc; liability company by authority of its managers and the said . f� acknowledged the execution of said instrument to be the voluntary act and deed of said limited liabilir./ company by it voluntarily executed. Notary public -- MARY ELLEN BURR CN-13671 �� 1 •/ . I Horne Subdivision Ames, Iowa Water Main Easements The Centerline of a 10 . 00 foot wide Water Main Easement is described as Commencing at the Northeast Corner of Lot 3 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, S89058118"W along the North Line of said Lot 3, a distance of 174 . 94 feet to the Point of Beginning; thence, S00100 ' 00"E, a distance of 582 .48 feet; thence, S90000100"E, a distance of 126 . 79 feet; thence, S45°00 ' 00"E, a distance of 32 . 10 feet; thence, S00000100"E, a distance of 187 . 51 feet; thence, S00°00 ' 00"E, a distance of 231 . 04 feet; thence, S90000100"W, a distance of 556 . 86 feet; thence, N45000 ' 00"W, a distance of 67 . 27 feet; thence, N00000100"E, a distance of 338 . 00 feet; thence, N45000 ' 00"E, a distance of 78 . 75 feet; thence, N90000100"E, a distance of 399 .25 feet; to the end of said easement. The Centerline of a 10 . 00 foot wide Water Main Easement is described as Commencing at the Northeast Corner of Lot 3 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, S89158 ' 18"W along the North Line of said Lot 3, a distance of 174 . 94 feet; thence, S00°00 ' 00"E, a distance of 260 . 21 feet to the Point of Beginning; thence, S90000 ' 00"W, a distance of 221 . 71 feet to the end of said easement. The Centerline of a 10 . 00 foot wide Water Main Easement is described as Commencing at the Southeast Corner of Lot 1 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, S90000100"W along the South Line of said Lot 1, a distance of 143 . 63 feet to the Point of Beginning; thence, N00°00 ' 00"E, a distance of 62 . 45 feet to the end of said easement. The Centerline of a 10 . 00 foot wide Water Main Easement is described as Commencing at the Southeast Corner of Lot 1 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, N00100 ' 00"E along the East Line of said Lot 1, a distance of 62 . 45 feet to the Point of Beginning; thence, N90°00 ' 00"W, a distance of 72 . 33 feet to the end of said easement. The Centerline of a 10 . 00 foot wide Water Main Easement is described as Commencing at the Southeast Corner of Lot 1 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, N00000100"E along the East Line of said Lot 1, a distance of 293 . 49 feet to the Point of Beginning; thence, N90000 ' 00"W, a distance of 72 . 33 feet to the end of said easement. EXHIBIT �`-�- 13671 C�}- J Horne Subdivision Ames, Iowa Sanitary Sewer Easement The Centerline of a 20 . 00 foot wide Sanitary Sewer Easement is described as Commencing at the Northeast Corner of Lot 2 in Horne Subdivision, an Official Plat, Ames, Story County, Iowa; thence, S89058118"W along the North Line of said Lot 2, a distance of 44 . 76 feet to the Point of Beginning; thence, S52110 ' 32"E, a distance of 56 . 67 feet; thence, S00100 ' 00"E, a distance of 268 . 00 feet; thence, S04023111"E, a distance of 300 . 47 feet to the end of said easement. EXHIBIT Pal e Z qN- 13671r-5