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HomeMy WebLinkAboutA003 - Easement s r .tic~ t: ��A 11 0 E R E S �: ,17 V E. 1) F• o R 0 1� F' I c 1 ,A 1. U S _E Return document to:VCtOriaA.Feiimeyer,1416 Buckeye Ave. Ste.200 Ames,IA50010-8070 Document prepared b :Victoria A.Feilme er,1416 Bucke Ave.,Ste.200,Ames,IA50010-8070-(515)956-3915 EASEMENT KNOW ALL PERSONS: The undersigned, Ames Associates, an Illinois limited partnership, (hereinafter referred to as the "Grantors"), for valuable consideration, do hereby grant unto the City of Ames, Iowa, a municipality, 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 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 McFarland Subdivision, Plat 2,Ames, Story County, Iowa,and is described as follows: For use of a sanitary sewer system: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. For use of a water main utility easement: The real property shown on Schedule °B" 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 prevent damage to a utility service line of the Grantee located within the Easement Area. 2. 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. 3. 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. 4. 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 October 2,2015. 2 AM,ES ASSOCIATES, An Illinois limited partnership BY: MCK,Inc.,its General Partner a4a Bart Chudacoff, President STATE OF IUWA,COUNTY O TORY,SS.: This instrument was acknowledged be e on Se er _ 2015,by Burt Chudacoff as President of MCK,Inc.,general partner of Ames Assoc ate , Illinois Limited Partnership. %J NOTARY PU 3 STATE OF COUNTY OF C ex,I< ,SS.: This instrument was acknowledged before me on OG40 bc. -2-h.1 ,2015,by Burl Chudacoff as President of MCK,Inc.,the general partner of Ames Associates,an Illinois Limited Partnership. OFFICIAL SEAL NOTARY PUBLIC MARTIN HAINES NOTARY PUBLIC•STATE OF ILLINOIS My COMMISSION EXPIRES:12106/16 4 LEGAL DESCIRJI'I'ION Schedule`A' A strip of land 10.00 feet in width across Lot 1, McFarland Subdivision, Plat 2, being situated 5.00 feet on each side of the following described centerline: Beginning at a point on the South line of Lot 2 in said McFarland Subdivision, Plat 2, which is 47.98 feet easterly of the Southwest Corner thereof; thence S00°22'07"W, 106.60 feet to a point on the Northerly line of an existing Sanitary Sewer Easement, and there terminating. Schedule `B' A strip of land 10.00 feet in width across Lot 1, McFarland Subdivision, Plat 2, being situated 5.00 feet on each side of the following described centerline:Beginning at a point on the South line of Lot 2 in said McFarland Subdivision, Plat 2, which is 52.25 feet easterly of the Southwest Corner thereof, thence S00022'07"W, 81.71 feet to a point on the Northerly line of an existing Water Main Easement, and there terminating.