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Home My WebLink AboutA004 - Easements dated February 18, 2010 V9*111Instrument:2010- 00004262 M Date:May 1212010 02:0E:07P D Rec Fee: 20.00 E-Com Fee: 3.00 G Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countyv Iowa Susan L. Vande Kamp: County Recorder S F A C E A b O V E R E S E R V E D F O R O F F I C I A L U S E Legal description:See page 3 Return document to:F J Feilmeyer,Attorney at law,P.O.Box 664,Ames,IA 50010—5 15-2324732—ff@§ingerlaw.com Document prepared by:F.J.Feilmeyer,Attorney at law,P.O.Box 664,Ames,IA 50010—5 1 5-2324732—fjfAsingerlaw.com EASEMENTS KNOw ALL PERSONS: The undersigned, R. Friedrich and Sons,Inc.,an Iowa business corporation (hereinafter referred to as the "Grantor"), for valuable consideration, does hereby grant unto the City of Ames, Iowa, an Iowa 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 together with a perpetual right of ingress and egress between said Easement Area from adjacent pub- lic rights-of-way. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the fi- nal plat drawing of Second Addition, Friedrich's Commercial Subdivision, Ames, Iowa, and described as follows: For use of a public utility easement for distributing general water, sewer, and electrical services 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 a water main: The real property shown on Schedule"B"attached hereto and by this reference made a part hereof. For use of a sanitary sewer system: The real property shown on Schedule"C" attached hereto and by this reference made a part hereof. For use of electrical transmission and distribution system: The real property shown on Schedule"D" attached hereto and by this reference made a part hereof. For use of surface storm water drainage: The real property shown on Schedule "E" attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real estate, and the Grantors' 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 pre- vent damage to a utility service line of the Grantee located within the Easement Area. 2. UNDERGROUND ELECTRICAL. Grantee shall maintain underground electrical distribution cables only and no overhead wires upon the following Easement Area: FJi°N20100218162259 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA EASEMENTS Page 2 2.1. Lot 2: South 39' of the North 156' except the East 117; South 29' of the North 146' of the West 67'of the East 117'. 2.2. Lot 3: North 32'of the South 319.96'of the East 25'. 3. SEEDING. Immediately following construction, reconstruction, or repair work by the Grantee with- in 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 custom- ary methods of soil preparation and planting by the Grantee. 4. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors 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. 5. TITLE WARRANTY. The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple;that the Grantors have 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. 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 instru- ment 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 the scope or intent of any provisions of this instrument. �//�� IN WITNESS WHEREOF the undersigned has executed this instrument on the /X ~day of ,2010. R. FRIEDRICH AND SONS, INC. By: Kurt . Friedrich, Presi ent/Secretary STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the day of 2010 by Kurt W.Friedrich as president and secretary of R. Friedrich and Sons, Inc. o P�n�sp FRANKLIN J. FEILMEYER 2r COMMISSION NO. 161389 NO ARY PUB IC MY COMMISSION EXPIRES lower JULY 16 20 ?� Pq. L FJI=p20100218162259 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA EASEMENTS Page 3 SCHEDULE"A" General Utility Easement Lot Number Location Lot 1: South 10';North IT;West 35'. Lot 2: South 10';East 50'; South 39'of the North 156'except the East 117; South 29'of the North 146'of the East 117'. Lot 3: East 50';West 20;North 45'; South 15'of the West 298.97;East 25'of the South 319.96'. ALL IN Second Addition, Friedrich's Commercial Subdivision,Ames, Iowa. SCHEDULE"B" Water Main Easement Lot Number Location Lot 1: West 35;North 17'. Lot 2: East 50';South 39'of the North 156'except the East 11 T; South 29'of the North 146'of the East 117'. Lot 3: East 50;West 20;South 15'of the West 298.97';North 32'of the South 319.96'of the East 25'. ALL IN Second Addition,Friedrich's Commercial Subdivision,Ames, Iowa. SCHEDULE"C" Sanitary Sewer Easement Lot Number Location Lot 1: South 10%North 17'. Lot 2: South 10;East 50% South 39'of the North 156'except the East 11 T;South 29'of the North 146'of the East 117'. Lot 3: South 10;West 20% South 15'of the West 298.97;North 32'of the South 319.96'of the East 25'. ALL IN Second Addition,Friedrich's Commercial Subdivision,Ames, Iowa. SCHEDULE"D" Electrical Easement Lot Number Location Lot 1: North IT;and A Ten(10)foot strip across part of Lot One(1); Five(5)feet on each side of the follow- ing described centerline: "Commencing at the Northwest(NW)corner of Lot One(1);thence N 87'42'32"E, 93.79 feet along the north line of said Lot 1;thence S 00'00'00"W, 17.01 feet to the Point of Beginning;thence continuing S 00'00'00" W, 80.80 feet;thence S 30'41'29" E,86.03 feet;thence N 90'00'00"E, 156.49 feet;thence N 67'08'09" E, 13.86 feet; thence N 85'35'06"E,51.77 feet;thence S 84' 1 F 49"E, 18.38 feet;thence S 50'30' 54"E, 19.68 feet to the Point of Ending." FJFN20100218162259 PASLEY & SINGER LAW FIRM, L.L.P. AME5, IOWA EASEMENTS Page 4 Lot 2: East 50'; South 39'of the North 156'except the East l 17'; South 29'of the North 146'of the East 117'. Lot 3: East 50';North 45;North 32'of the South 319.96'of the East 25'. ALL IN Second Addition,Friedrich's Commercial Subdivision,Ames, Iowa. SCHEDULE"E" Surface Storm Water Drainage Easement Lot Number Location Lot 2: East 5'. Lot 3: East 5'. ALL IN Second Addition,Friedrich's Commercial Subdivision,Ames, Iowa. Pq.�( FJF,w20100218162.259 PASLEY & SINGER LAW FIRM, L.L.P. AMES, IOWA