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HomeMy WebLinkAboutA004 - Public Utility Easement dated January 12, 2016 Return to: Nate Easter 2711 S Loop Drive Ste 4050 Ames 1A 50010 Prepared by: Jeremy C. Sharpe, 666 Walnut St., Ste 2000 Des Moines, IA 50')09 (515)243-7 100 Return.to: PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT that Iowa State University Research Park("Grantor")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"Easement Area"), all within Iowa State University Research Park Phase III Second Addition Subdivision,Ames, Iowa. 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: I. 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 day of , 2016. OWNER Iowa State University Research Park By: Steven T. Carter, Pr sident STATE OF IOWA, STORY COUNTY This record was acknowledged before me on I=�L 2016 by Steven T. Carter, as President of Iowa State University Research Park, Zc-/J Notary Public in and for said Sta e nd County My Commission Expires �— _3 -- 2C/9 (Seal) i I CONNIE L HARRIS i Notarial Seat -Iowa Commission# 703964 n My Commission Expires i EXHIBT A The following real estate, all within Iowa State University Research Park Phase III Second Addition,Ames, Iowa, is subject to this Public Utility Easement: The South, Southeast and East 10' of Lot 1. BE IM'10269 1000'Phil, ;a 1'ir,i tll.Suo d Addition Flu!Oic t 10 lit,,B,3,,'mot(-€SURP(02323839),DO(A