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Home My WebLink AboutA006 - Easement dated March 4, 2016 34 ism?=i'1?is .?.rai>!Lfi� ii;';.SY gajk.3"' �6?e- {tw re-zupd iat s£ol", Cokg,ii,) Fs>pi[ ?.f;i s_ 1_, 13es't z qe a aup,t's h:u i SPACE ABOVE RESERVED FOR OFFICIAL USE Return document to:VictoriaA Feilme er,igi6 Buckeye Ave._Ste;Zoo,Ames,IArooio-8cr o Document prepared by:VictoriaA.Feilmeyer,.m16 Buckeye Ave.,Ste.Too,Ames,TA 5ooic,8o70-(q5)956-391 EASEMENT KNOw ALL PERSONS: The undersigned, AMERCO REAL ESTATE COMPANY, an Iowa Corporation (hereinafter referred to as the"Grantor") and B AND D LAND,L.C.,an Iowa limited liability company, for valuable consideration, does hereby grant unto City of Ames. Iowa, an Iowa municipal corporation, its successors and assigns (hereinafter referred to as the "Grantees"), 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 U-haul Subdivision, First Addition,Ames,Story County,Iowa,and described as follows: For use of a public 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. For use of a sanitary sewer system: The real property shown on Schedule"B"attached hereto and by this reference made a part hereof. For use of a storm sewer system: The real property shown on Schedule "C" 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. SEEDING Immediately following construction, reconstruction, or repair work by the Grantee within 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 customary methods of soil preparation and planting by the Grantee. 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 easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. EASEMENTS 4. 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. 5. 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. [SPACE BELOW RESERVED — SIGNATURES APPEAR ON FOLLOWING PAGES] BAND D LAND,L.C. a Dated March 4,2oi6. By: I'l "I'i oyl epley,Maiiiaged STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on March 4, aoi6, by Doyle Kepley, as Manager of B and D Land,L.C. �PP'"`s� VICYORIAA.FEILMEYER PA1'COMTMIS$lON lAES NOTARY PUBLIC AMERCO REAL ESTATE COMPANY By6Z—J NATURE I- NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF tom,COUNTY OF ,SS.: Tb,Jai rument as acknowledged befoT�g me Aon /, 201.6, by (name) as )PAA!a (title) of AMERCO REAL ESTATE C PANY. NOTARY PU LI1� C Notary Public State of Arizona Maricopa County Hope Laird My commission F)Vhes 02t1272018 EASEMENTS SCHEDULE"A" Electrical Utility Easement A 10 FOOT WIDE EASEMENT FOR ELECTRIC FACILITIES, LYING ON PARCEL "'AD" RECORDED IN INSTRUMENT NO. 2006-00001038 OF THE STORY COUNTY, IOWA RECORDER'S RECORDS, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THAT PROPERTYDESCRIBED IN INSTRUMENT NO. 2014-00003780 OF THE STORY COUNTY, IOWA RECORDS; THENCE NORTH 89 DEGREES 33 MINUTES 12 SECONDS WEST, A DISTANCE OF 28.07 FEET; THENCE SOUTH 00 DEGREES 20 MINUTES 07 SECONDS EAST,A DISTANCE OF 57. 65 FEET;THENCE NORTH 89 DEGREES 33 MINUTES 77 SECONDS WEST,A DISTANCE OF 5.30 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 19 DEGREES 50 MINUTES 03 SECONDS WEST, A DISTANCE OF 19.54 FEET, THENCE SOUTH 00 DEGREES 17 MINUTES 39 SECONDS WEST, A DISTANCE OF 300.81 FEET TO THE POINT OF TERMINATION, CONTAINING 3,192 SQUARE FEET OR 0.07 ACRES,MORE OR;LESS. SCHEDULE"B" Sanitary Sewer Easement A 20 FOOT WIDE EASEMENT FOR SANITARY SEWER FACILITIES,LYING ON PARCEL "AD"RECORDED IN INSTRUMENT NO. 2006-00001038 OF THE STORY COUNTY, IOWA RECORDER'S RECORDS, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL "AD'; THENCE NORTH 00 DEGREES 17 MINUTES 39 SECONDS EAST,A DISTANCE OF 136.10 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 46 DEGREES 51 MINUTES 34 SECONDS EAST, A DISTANCE OF 150.95 FEET, THENCE SOUTH 26 DEGREES 19 MINUTES 16 SECONDS EAST, A DISTANCE OF 78.56 FEET TO THE POINT OF TERMINATION. CONTAINING 4,590 SQUARE FEET OR 0.11 ACRES,MORE OR LESS. SCHEDULE"C" Storm Sewer Easement A 20 FOOT WIDE EASEMENT FOR STORM SEWER FACILITIES, LYING ON PARCEL "AD" RECORDED IN INSTRUMENT NO. 2006-00001038 OF THE STORY COUNTY, IOWA RECORDER'S RECORDS, THE CENTERLINE BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THAT PROPERTY DESCRIBED IN INSTRUMENT NO. 2014-00003780 OF THE STORY COUNTY, IOWA RECORDS; THENCE NORTH 89 DEGREES 33 MINUTES 12 SECONDS WEST,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 21 MINUTES 20 SECONDS WEST, A DISTANCE OF 254.33 FEET; THENCE SOUTH 16 DEGREES 46 MINUTES 48 SECONDS EAST, A DISTANCE OF 377.19 FEET TO THE POINT OF TERMINATION, CONTAINING 12,630 SQUARE FEET OR 0.29 ACRES,MORE OR LESS.