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Home My WebLink AboutA005 - Water Main Easement dated September 20, 2002 ` INST.NO. 02 - 1 6 7 2 9 STORY COUNTY, 1OVVA �� FILED FOR RECORD > l� 0 C T 2 4 2002 PEVJ �Y p SUSAN L VANDE KAMP,Rewrderta G Rom.ME$XQ. AUD.FEE$ Prepared by&Return to: Timothy C. Hogan,3101 Ingersoll Ave.,Des Moines,Iowa 50312 (515)279-9059 4 WATER MAIN EASEMENT = ` KNOW ALL PERSONS BY THESE PRESENT that Best Buy Stores, L.P. , a Delaware limited partnership (hereinafter called "Grantor") , hereby conveys unto the City of Ames, Iowa, a municipal corporation (hereinafter called "City") , a perpetual easement and right-of-way under, over, on, through, across and within the real estate described on Exhibit "A" attached hereto (hereinafter called "Easement Area") , for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining water mains, together with all necessary structures and appurtenances thereto, under, over, on, through, across and within the Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED. Grantor shall not erect, any fence or other structure (except a paved roadway, parking and/or other utilities) under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City, nor shall Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. 2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 3. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to, the right to remove, without liability to the City, any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area. 4. LIABILITY. Except as may be caused by the negligent acts or omissions of the City, its employees or agents, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in c any manner from the existence of this Easement, or from the flowage or drainage of water into, over, through, across, within or out of said Easement Area. Grantor agrees to indemnify and hold City, its employees, agents and representatives harmless against any loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, the owners of the property abutting said Easement Area, and the owners of property lying within the City. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs, successors and assigns. 7. APPROVAL BY CITY COUNCIL. This 'Easement shall not be binding until it has received the final approval and acceptance by the Ames City Council by Resolution which approval and acceptance shall be noted on this Easement by the City Clerk. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement by title in fee simple; (ii) Grantor has good and lawful authority to convey .the same; and (iii) Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whosoever. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. DATED this day of S—cptzmLer , 2002 . BEST BUY STORES, L.P. , a Delaware limited partnership By: BBC Property Co. , a Minnesota corporation, its General Partner By: avr•cc� f - , Name: ' -N -km-e s E- Zs y^q s Title: f3ssocca.t{ cp,-tmk c�ki�S-e I f STATE OF f�►r,t11 30 1-i; ) ss: COUNTY OF On this --(If'` day of 2002 , before me, the undersigned, a Notary Public, personally -appeared �\AMF s r-• .ice;Tsk s to me personally known who, being by me duly sworn, did say that he/she is the %1sscr.;Io-4t BBC Property Co. , the General Partner of Best Buy Stores, L.P. , a Delaware 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 Best Buy Stores, L.P. , a limited partnership, by authority of the corporation's Board of Directors; and that A a tks as such officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer volunt ily executed. am r(�-Q+mil S E K• -z i n t 1k Notary -Public in and for said State JJJJJJJJJJJN'JJW JJ`J`J'J'JJ $�JJJJJJJJJ DEN-ISE K.HE!NB'JCH NOTARY PUBLIC-P,IININESOTA DAKOTA COUNTY p Ex ires Jan 31.2005 My COMM. JJJJJJ'JJ!J'JJJJJJJJJ•NJJJJ JJJ'JJJJlJJJJ p . 3 MIBIT "A" WATER MAIN EASEMENTS: THE SOUTH 10.0 FEET OF THE WEST 674.2 FEET OF LOT 1 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA. THE NORTH 10.0 FEET OF THE SOUTH 34.7 FEET OF THE EAST 198.2 FEET OF THE WEST 379.12 FEET OF LOT 2 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA. THE NORTH 14.0 FEET OF THE EAST 173.92 FEET OF THE WEST 180.92 FEET OF LOT 1 IN DANIELS SUBDIVISION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA. A 10.00 FEET WIDE WATER MAIN EASEMENT OVER AND ACROSS A PORTION OF LOT 1 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE S88°58'00"E ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 384.1 FEET TO THE POINT OF BEGINNING, THENCE N00°00'00"E, A DISTANCE OF 209.32 FEET TO THE NORTH LINE OF SAID LOT 1 AND TO THE END OF SAID CENTERLINE. A 10.00 FEET WIDE WATER MAIN EASEMENT OVER AND ACROSS A PORTION OF LOT 2 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COIv[MENCINGAT THE SOUTHWEST CORNER OF SAID LOT 2; THENCE S88°58'00"E ALONG THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 180.92 FEET; THENCE S00°00'00"W, A DISTANCE OF 38.68 FEET; THENCE S88058'00"E, A DISTANCE OF 203.2 FEET TO THE POINT OF BEGINNING; THENCE N00°00'00E, A DISTANCE OF 50.8 FEET TO THE END OF SAID CENTERLINE. A 10.00 FEET WIDE WATER MAIN EASEMENT OVER AND ACROSS A PORTION OF LOTS 1 AND 2 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT,AMES, STORY COUNTY, IOWA THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE S88°58'00"E ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 674.2 FEET TO THE POINT OF BEGINNING; THENCE N01000'2T'E, A DISTANCE OF 155.93 FEET; THENCE N12020'2T'W, A DISTANCE OF 76.00 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE CONTINUING N12020'2T'W, A DISTANCE OF 4.00 FEET TO THE END OF SAID CENTERLINE. P ffiIBIT .."A" WATER MAIN EASEMENTS: THE SOUTH 10.0 FEET OF THE NORTH 96.65 FEET OF THE WEST 7.00 FEET OF LOT 2 IN DANIELS SUBDIVISION FIRST ADDITION, AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA- p 5