HomeMy WebLinkAboutA007 - Easement for public utility and surface water flowage dated August 14, 2012 - RECORDED t
I Instrument:2412- 00010366
N Date:Sep OSP2012 02:39:57P
D Rec Fee: 10.00 E-Com Fee: 1.00
G Aud Fee: .00 Trans Tax: .00 C(DPY
R Rec Nanagement Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County, Iowa
Susan L. Vande Kamp, County Recorder
g .`P::A.C.:Es :0 V. E
Return document to: VictoriaA.Feilmeyer,1416 Buckeye Ave.Ste.200,Ames,IA 50010
Document prepared by: Victoria A.Feilmeyer,Attomey at law,1416 Buckeye Ave.Ste.200,Ames,1A 50010—515-956-3900
EASEMENT
KNOW ALL PERSONS: The undersigned, The Ridge at Fountainview, L.C., an Iowa
manager-managed limited liability company, (hereinafter referred to as the "Grantor"), for
valuable consideration;do hereby grant unto the City of Ames,Iowa, a municipal corporaton, its
successors and assigns(hereinafter referred to as the"Grantees"),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
together with a perpetual right of ingress and egress between said Easement Area from adjacent
public rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa, as
shown on the final plat drawing of Fountainview Subdivision, Third Addition, Ames, Story
County,Iowa, and described as follows:
For use of a public utility easement for 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 surface water flowage: The real property shown on Schedule °B"
attached hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantees subject to the following terms and conditions:
1. DUE CARE. The foregoing rights are granted upon the express condition that the users of
the granted rights,will assume liability for all damage to the real estate described herein
and any adjacent real estate caused by the failure to use due care in the exercise of the
granted rights.
2. 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.
3. 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 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.
2
2012. IN WITNESS WHEREOF the undersigned has executed this instrument on August ,
THE RIDGE AT FOUNTAINVIEW,L.C.
4
V
BY:
Dickson D. Jensen,M ger
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on August_AL[__, 2012, by Dickson D. Jensen, as
Manager of The Ridge at Fountainview,L.C.
NOTARY PUB I
EVERIN J.CHARTER
mission Number 191916
1YR°l911.n moires
w 3
Easement Descriptions
Fountainview Subdivision, Third Addition,Ames, Story County, Iowa.
Schedule A—Public Utilities Easements
The North 20 feet,the South 10 feet,and the West 5 feet of Lot 1;AND,
The North 20 feet,the South 10 feet,and the West 5 feet of Lot 2;AND,
The North 20 feet,the South 10 feet,and the West 5 feet of Lot 3;
ALL IN,Fountainview Subdivision,Third Addition,City of Ames, Story County,Iowa.
Schedule B—Surface Water Flowage Easements
The South 70 feet of Lot 1;AND,
The South 60 feet of Lot 2;AND,
The South 80 feet of Lot 3;
ALL IN,Fountainview Subdivision,Third Addition,City of Ames,Story County,Iowa.