The URL can be used to link to this page

Home My WebLink AboutA006 - Easement a titiy/// t�j -.P' Instruma_nt:2011- 000OL038 M Date:.Jun 30Y2011 12:30217P D Rey_ Fee: 20.00 E-Gam Fee: 3.00 G Aud Fee: .00 Tram Tax: .00 Rey= Management Fee: 1.00 Mon-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Kama? County Recorder INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel: 956-3900) RETURN DOCUMENT To: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010 PLI&Mter 14w Arm M.0360 EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned,MKTM,L.L.C., an Iowa limited liability company, hereinafter referred to as the GRANTOR, for good and valuable consideration, does 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 a strip of land situated in Story County, Iowa, as shown on the final plat drawing of Carney and Sons' Subdivision, First Addition to Ames, Story County, Iowa,and described as Exhibit"A",attached. 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 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 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. J r/ 1 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 encumbrances except as may be described in the Mortgagee's Subordination attached hereto. 5. CONSTRUCTION. 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 instrument 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. 2011. IN WITNESS WHEREOF the undersigned have executed this instrument on June Z j , MKTM By ,Thomas Carney,M r By L Matt Carney, Member STATE OF IOWA, COUNTY OF STORY, SS: On June 2 , 2011, before me the undersigned, a Notary Public in and for said state, personally appeared Thomas Carney and Matt Carney, to me personally known, who, being by me duly sworn, did say that they are all of the Members of said LIMITED LIABILITY COMPANY executing the foregoing instrument; that said instrument was signed on behalf of said limited liability company by authority of its members and the said members acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public myC-0m on 'ion 2 i s CARNEY AND SONS' SUBDIVISION FIRST ADDITION AMES, STORY COUNTY, IOWA EASEMENT DESCRIPTIONS MARCH 2, 2011 PUBLIC UTILITIES EASEMENTS The East 25 feet of Outlot A; IN, Carney and Sons' Subdivision, First Addition, City of Ames, Story County, Iowa. DRAINAGE EASEMENT-From the centerline of Squaw Creek to a line that is parallel with, and 20 feet South of the top of bank of Squaw Creek Lot 1; AND, Outlot A; ALL IN, Carney and Sons' Subdivision, First Addition, City of Ames, Story County, Iowa. ELECTRICAL UTILITY EASEMENT The West 50 feet of the East 51 feet of Outlot A, IN, Carney and Sons' Subdivision, First Addition, City of Ames, Story County, Iowa. SANITARY SEWER EASEMENT Lot 1 - Commencing at the Northeast corner of Lot 1, Carney and Sons' Subdivision, First Addition to the City of Ames; Thence N82138'28"W, 40.52 feet along the North line of said Lot 1 to the Point of Beginning; Thence S23°50'28"E, 101.37 feet to the East line of said Lot 1; Thence S00°30'53"E, 75.89 feet along the East line of said Lot 1; Thence N23050'28"W, 189.09 feet to the North line of said Lot 1; Thence S82°38'28"E, 35.07 feet along the North'line of said Lot 1 to the Point of Beginning; AND, Outlot A- Commencing at the Northwest corner of Outlot A, Carney and Sons' Subdivision, First Addition to the City of Ames; Thence S82038'28"E, 481.79 feet along the North line of said Outlot A to the Point of Beginning; Thence continuing S82038'28"E, 35.07 feet long the North line of said Outlot A; Thence S23050'28"E, 40.92 feet to the North line of Lot 1; Thence N82138'28"W, 35.07 feet along the North P�e- • y . line of said Lot 1; Thence N23150'28"W, 40.92 feet to the Point of Beginning on the North line of said Outlot A;AND, Outlot A- Commencing at the Southwest corner of Outlot A; Thence S89°16'10"E, 131.94 feet along the South line of said Outlot A to the Point of Beginning; ,Thence N23050'28"W, 333.14 feet to the West line of said Outlot A; Thence N00030'53"W, 75.89 feet along the West line of said Outlot A; Thence S23050'28"E, 416.42 feet to the South line of said Outlot A; Thence N89016'10"W, 32.99 feet to the Point of Beginning on the South line of said Outlot A; ALL IN, Carney and Sons' Subdivision, First Addition, City of Ames, Story County, Iowa. TEMPORARY INGRESS/EGRESS EASEMENT The South 20 feet of Lot 1; IN, Carney and Sons' Subdivision,First Addition, City of Ames, Story County, Iowa. CARNEY AND SONS' SUBDIVISION FIRST ADDITION AMES, STORY COUNTY, IOWA PUBLIC DEDICATION MAY 5, 2010 Lot A, Public Street(South Duff Avenue)to the State of Iowa. pie.�l