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Home My WebLink AboutA018 - Public electric utility easement dated August 30, 2019 - Instrument No. 2019-08215 i Instrument p: 2019-08215 09/05/2019 02:44:45 PM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa I I I I h'il NY%VIII 147' 11'1�'i��G�'1,�.'�� SPACE ABOVE RESERVED FOR O F F I C I A L U S E Legal description See page 3. Return document to: City Clerk, 515 Clark Avenue,Ames IA 50010 Document prepared by: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010 515-239-5146 Easement Know All Persons:The undersigned,Westcyde Properties,LLC,an Iowa limited liability company, (hereinafter referred to as the "Grantor"), his successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, 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, a perpetual easement for the use of a public electrical 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, and legally described as: The West 5 feet of Lot 9, South Fork Subdivision, an Official Replat, Ames, Story County, Iowa. Seventh Additio/, Grantee, and its successors, licensees, and assigns shall have the right within the Easement Area to locate, relocate, replace, construct, reconstruct, repair, operate, maintain, patrol or remove underground lines or lines of plus all relevant wires and fixtures for the purpose of transmitting and/or distributing electric and telecommunications in, on, through, over, under and across the Easement area. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: 1 Obstructions Prohibited. The Grantor, as the fee simple owners of the underlying real es- tate, and the Grantors'successors and assigns, shall not erect or place within the Easement Ar- ea 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 prevent damage to a permitted improvement of the Grantee located within the Easement Area, which shall include the right to remove obstructions within the Easement Area. The easement granted shall include perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. 2 Additional Sidewalk Easement. Grantee further grants to the City of Ames, a perpetual easement for pedestrian walkway and sidewalk purposes over the Easement Area defined above. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar ease- ment rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. Easement P age 12 4 Title Warranty. The Grantors warrant 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 ease- ment rights herein provided for. 5 Successors. This Easement shall be binding upon successors and/or assigns of both Grantor and Grantee. 6 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. In Witness Whereof the undersigned has executed this instrument on „�l IGV 0t , aoi9. WESTCYDE PROPERTIES, LLC By: G �� SIGNATURE NAME PRINTED VVLY ITLE Of AUTHORIZED SIGNER STATE OF IOWA, COUNTY OF STORY, SS.: Thi instrument was acknowledged before me on � � , zoig, by � ! �dim 0 w (insert name) as ih11r121r' , (insert title) of Westcyde Properties, LLC. TRACY JONES 9� C0r"mW tr E 7kM NOTARY P B IC c« My Jules w y 1 Z w a°: 9!lll�i�0i. ,�+rh+��/r� 3735 3731 EXHIBIT MARIGOLD DRIVE 3806 3802 3732 3728 3724 3720 - - - - - - - - - - - - - - 5' PUBLIC WALKWAY I I 5.00' EASEMENT I I w d I I � LOT 10 I I LOT 11 1 0.00' 0 LOT 12 LOT 9 LOT 10 LOT 11 5.00, w 5' PUBLIC WALKWAY EASEMENT PUBLIC ALLEY SIDEWALK AND ELECTRIC FACILITIES EASEMENT DESCRIPTION: A PART OF LOT 9, SOUTH FORK SUBDIVISION, SEVENTH ADDITION, IN THE CITY OF AMES, STORY COUNTY, IOWA; DESCRIBED AS FOLLOWS: THE WEST FIVE FOOT (5') OF LOT 9, SOUTH FORK SUBDIVISION, SEVENTH ADDITION, AN OFFICAL REPLAT, IN THE CITY OF AMES, STORY COUNTY, IOWA. OWNER: WESTCYDE PROPERTIES LLC 0 30 SHEET 1 OF 1