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Home My WebLink AboutA006 - Easements dated May 25, 2012 I Instrument:2012- 00008004 M MOM 19r2012 12:43:45P D Rey_ Fee: 20.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 R Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kamp? County Recorder S P A C E A B O V E R E 5 E R V E D F O .R O F F 1 CIAL USE Return doaument to: David W Benson,1416 Buckeye Ave.Ste.200 Ames,IA50010 Document prepared by David W.Benson,Attomey at law,1416 Buckeye Ave.Ste.200,Ames,IA 50010—515-956-3900 EASEMENT KNowALL PERSONS: The undersigned,Uthe Development Comuanv,L.L.C.,an Iowa limited liability Company(hereinafter referred to as the"Grantor''),for valuable consideration,does hereby grant unto the City of Ames,Iowa,a municipal corporation,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 Northridge Heights Subdivision Fifteenth 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 surface water flowage: The real property shown on Schedule"B"attached hereto and by this reference made a part hereof. For the use of pedestrian walkway purposes: The real property shown on Schedule "C"attached hereto and by this reference made a part hereof. For temporary fire truck turnaround purposes: The real property shown on Schedule "D"attached hereto and by this reference made a part hereof. The fire truck turnaround easement rights granted under this instrument to the Grantee shall expire upon final plat approval of a plat that extends Danbury Road into a future phase or abutting subdivision. 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. 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. THE 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 2 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 �n' ' h IN Wrmss WHEREOF the undersigned has executed this instrument on'rebr=ry L-J 2012. . UTHE DEVELOPMENT COMPANY,L.L.C. 01 BY: lJL BY• Ou c: Dean E.Hunziker,Manager . Charles E.Winkleblack,Manager STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on��o2CJ ,2012,by Dean E.Hunziker and Charles E.Winklblack as managers of Uthe Development Company,L.L.C. DLGJM SuNrKEN Commiaston Number 747650 NOTARY PUBLIC Nib Comm ior. ires war►. ��o��.,.W_ 3 SCHEDULE"A" Public Utility Easement Location The Northerly 10 feet and the Southerly 5 feet of Lot 1;AND, The Northerly 10 feet and the Southerly 5 feet of Lot 2;AND, The Northerly 10 feet and the Southerly 5 feet of Lot 3;AND, The Northerly 10 feet and the Southerly 5 feet of Lot 4;AND, The Northwesterly 10 feet and the Southeasterly 5 feet of Lot 5;AND, The Northwesterly 10 feet and the Southeasterly 5 feet of Lot 6;AND, The Northwesterly"10 feet,and the Easterly 10 feet,and the Southeasterly 5 feet of Lot 7;AND, The Northwesterly 10 feet and the Southeasterly 5 feet and the Southwesterly 10 feet of Lot 8; AND, The Northwesterly 10 feet and the Southeasterly 5 feet of Lot 9;AND, The Northwesterly 10 feet and the Southeasterly 5 feet of Lot 10;AND, The Northwesterly 10 feet and the Southeasterly 5 feet of Lot 11;AND, The Westerly 10 feet and the Easterly 5 feet and the Southeasterly 5 feet of Lot 12;AND, The Westerly 10 feet and the Easterly 5 feet of Lot 13;AND, The Westerly 10 feet and the Easterly 5 feet of Lot 14;AND, The Northerly 5 feet and the Southwesterly 10 feet and the Southeasterly 10 feet of Lot 15;AND, The Northerly 5 feet and the Southeasterly 10 feet of Lot 16;AND, The Northerly 5 feet and the Southeasterly 10 feet of Lot 17;AND, The Northwesterly 5 feet and the Southerly 10 feet and the Easterly 10 feet of Lot 18;AND The Northeasterly 10 feet and the Southeasterly 10 feet and the Southerly 10 feet and the Westerly 5 feet of Lot 19; All in Northridge Heights Subdivision Fifteenth Addition, Ames,Story County,Iowa. SCHEDULE"B" Surface Rater Flowage Location The Southerly 20 feet of Lot 4;AND, 4 The Southeasterly 20 feet of Lot 5;AND, The Southeasterly 20 feet of Lot 6;AND, The Southeasterly 20 feet of Lot 7;AND, The Southeasterly 20 feet of Lot 10;AND, The Southeasterly 20 feet of Lot 11;AND, The Southeasterly 20 feet and the Easterly 20 feet of Lot 12;AND, The Easterly 20 feet of Lot 13;AND, The Easterly 20 feet of Lot 14;AND, The Northerly 20 feet of Lot 15; All in Northridge Heights Subdivision Fifteenth Addition,Ames, Story County,Iowa. SCHEDULE "C" Pedestrian Walkway Easement Location The Northerly 6 feet of Lot 13,Northridge Heights Subdivision Fifteenth Addition,City of Ames, Story County,Iowa. SCHEDULE"D" Temporary Fire Truck Turnaround Easement Location A temporary easement containing 7,200 square feet of land more particularly described as: Beginning at the NW comer of Lot 14;Thence N 620 09'22"E,32.5 feet along the Northwesterly line of Lot 14;Thence N 270 50'38"W,60 feet;Thence S 62'09'22"W, 120 feet;S 27'50'38"E, 60 feet;Thence N 62'09'22"E, 87.5 feet to the Point of Beginning. All in Northridge Heights Subdivision Fifteenth Addition,City of Ames, Story County,Iowa. 9