HomeMy WebLinkAboutA012 - Public Utilities Easement dated April 23, 2008 Eller 'bWsk.6fMc"'�5
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Instrunent:2008- 00005456
n Datefts 19P2008 01:55:DDF
D Rec Fee: 15.00 E-Con Fee: 1.00
t G Aud Fee: .00 Trans Tax.: .00
Rec Manasenent Fee: 1.00
Non-Standard Fase Fee: .00
Filed for record in Story County? Iowa
Susan L. Vande Yana? County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Stmetar Cameron,317 60i Ave.,Suite 300,Des Moines,IA 50309(515)243-8157
Return recorded document to:City Clerk,City of Ames,515 Clark Ave.,P.O.Box 811,Ames,Iowa 50010
CITY OF AMES
PUBLIC UTILITIES EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That (Uwe), Chelan Daybreak, LLC, its successors and assigns, (do/does) hereby grant, bargain
and convey to the City of Ames, Iowa, a municipal corporation, a perpetual right of way and easement,
with the right, privilege and authority to said municipal corporation, its successors, licensees, assigns
and Iessees, to locate, relocate, replace, construct, reconstruct, repair, operate, maintain, patrol and/or
remove an underground line or lines of poles plus all relevant wires and fixtures, for the purpose of
placement of any needed public utilities in, on, through, over, under and across the following described
real estate in the County of Story, State of Iowa:
(See Exhibit"A"attached hereto and made a part hereof.)
P93
together with (a) the right, privilege and authority to trim, cut and remove from said premises any trees,
overhanging branches or other obstructions within a radius of 10 (ten) feet from said line or lines of
poles, wires and fixtures, as located, (b) the right of ingress and egress to, from and over the above-
described premises for doing anything necessary or useful for the enjoyment of the easement herein
granted, and(c) all other rights, easements, privileges and appurtenances, in or to said lands,which may
be required for the full enjoyment of the rights herein granted, together with the right to assign or grant
partially or wholly to others the right or license to use the easement herein granted or any part thereof
for the uses and with the rights herein specified.
Grantor(s)warrant(s)that(he, she, it,they) (has,have) good title to the above described premises
and that there are no encumbrances which will limit or interfere with the rights granted herein to
Grantee.
The Grantor(s), (his,her, its, their)tenants,heirs, successors and assigns shall have the right to
use and enjoy said premises fully, except for the rights and privileges hereinbefore granted to the
Grantee;provided however,that no buildings, structures or improvements either permanent or
temporary in nature,nor shall the terrain be altered without prior written consent of Grantee,nor shall
any other utilities be placed in, on,through,over or across the easement without Grantee's prior written
consent; that the use of said premises shall at all times be subject to such acts and uses by Grantee as
may be necessary for the purposes herein set forth.
i
The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will
assume all liability for all damages to the above described property caused by the City's failure to use
due care in its exercise of the rights,privileges and authorities granted.
Dated at Ames, Iowa, this 0n3 day of 1 f) , 2008.
CHELAN DA REAK, LLC
By.
Matt E her,Manager
STATE OF IOWA, COUNTY ss:
On this day of AVn( 2008,before me, a Notary Public in and for the State
of Iowa,personally appeared Matt ller,Manager of Chelan Daybreak,LLC, an.Iowa limited liability
company.
NPadacs MEGAN TJERNAGEL Not blic in an for said State
z° Commission Number 724609
My Commission Expires
,oWP Se tember 18,2009
r Y
EXHIBIT"A"
LOT 1
THE NORTH 5 FEET ,
THE WEST 10 FEET
AND BEING 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH
22010'29" EAST ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 86.71
FEET; THENCE SOUTH 6749'30" EAST, 10.00 FEET TO THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH 67049`30" EAST, 20.11 FEET AND THE POINT OF
TERMINUS;
LOT 2 f ,
THE SOUTH 5 FEET; NORTH 5 FEET; WEST 10 FEET AND EAST 10 FEET
LOT 3
THE SOUTH 5 FEET; NORTH 10 FEET;WEST 10 FEET AND EAST 10 FEET
All in West Towne Subdivision, an Official Plat, now included in and forming a part of
Ames, Iowa.