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HomeMy WebLinkAboutA009 - Public Utility Easement dated September 17, 2015 0 Rec fee` 15.00 E-to� twd feat 00 Trans Taxi 1.00 jY Rec ftnaserent Fc;r 1.00 .00 Hon-Standard'Pose Fees 100 Filed Tar record in Story C"ty,iow Stacie L. Herridser Cokinta Recorder Return to: Nate Easter ISU Research Park 2711 South Loop Drive Ames,IA 50010 (Will Call) Prepared by:Jeremy C.Sharpe,666 Walnut St.,Ste 2000 Des Moines,IA 50309(515)243-7100 Return to: PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT that Iowa State University Research Park("Grantoe')does hereby grant the CITY OF AMES,IOWA,the perpetual right to the following described easements: A. Public Utility Easement.Grantor grants to the City of Ames,Iowa the right to construct, reconstruct,maintain and use its electric lines,consisting of poles,wires,overhead or underground cables,fixtures,anchors and other similar equipment,or any part thereof,upon underground over or across the real estate described in Exhibit A(the`Basement Area"),all within Iowa State University Research Park Phase III First Addition Subdivision,Ames,Iowa. 3 B. Other Companies'Rights.Grantor further grants to the City of Ames,Iowa,the right to permit other utility companies to construct and,in the same manner,maintain its utility facilities, jointly or severally upon,underground,over or across the Easement Area. C. General Terms and Conditions.Grantor,its successors and assigns,shall not: 1. erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer. 2. change grade,elevation or contour of any part of the Easement Area without obtaining prior written approval of the City Engineer. D. The City of Ames shall have the right of access to the Easement Area granted in this Public Utility Easement together with rights of ingress and egress reasonably necessary to the use and enjoyment of the Easement Area for the purposes described,including,but not limited to: 1. the rights to remove any unauthorized obstructions or structures placed or erected on the Easement Area,and 2. the right to improve,repair and maintain the Easement Area. E. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. F. The terms and conditions of this Public Utility Easement are binding upon the Grantor, including,but not limited to,future owners,developers,leases or occupants.All provisions of this instrument including benefits and burdens run with the land and are binding upon and inure to the heirs,assigns,successors,tenants and personal representatives of the parties hereto. Dated this �7 day of September,2015. OWNER Iowa State University Research Park 13y: Stev n T.Carter, esitlent STATE OF IOWA,STORY COUNTY This record was acknowledged before me on 2015 by Steven T.Carter,as President of Iowa State University esearch Park. Notary Public in and rr said and County My Commission Expires _7 3/d? (Seal) CONNIE L NARRJS Notadal Saal •Iowa Commission a 703961 My Commission Explraa �.a EXHIBT A The following real estate,all within Iowa State University Research Park Phase III First Addition,Ames,Iowa,is subject to this Public Utility Easement: Lot 1: The North 10' The East 10' The South 10' Lot 2: The North 10' Lot 4: The Northeasterly 10' The Northwesterly 10'of that part abutting Outlot A Lot 7: The North 10' The Westerly 10' The South 10' BFLINVO269\I000Tublic Uliliry Fmcmcnt-ISURO(02197672).DOCX P9.3