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Home My WebLink AboutA005 - Public Utility Easements dated August 31, 2016 instrument'2016- RNA09741 rt NitegSap 'IM016 12%06:rlP R Rer FEE, 25M E^rm Fee' ijlo NA Free' CIA ir(trlw r,ec NculaseoCF0, ee, Fuse Fee: ill Filed for record iii SUir,-i Cofjiitu log;a SUcie L. Herrid3e! CQLRA',! ReCONIEP SPACE ABOVE RESERV E D F 0 R 0 F F I C I A L_U S E Return document to:VictoriaA_Feilmeyer,_141L414Re Ave1 1�S I.200,Ames,IA 50010-515-232-4732.. ...... nt prepared by:VictoriaA-Foilme Docurrie yer,1416 Buckeye Ave.,St.200,Ames,TA 50010—515-23211732 Public Utility Easements Know All Persons: The Iowa Youth Basketball Foundation (now known as the Iowa Youth Athletic Foundation), an Iowa nonprofit corporation(hereinafter referred to as the "Grantor"),for valua- ble consideration, does hereby grant unto City of Ames, Iowa, its successors and assigns (hereinafter re- ferred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area 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 11th Addition, Dauntless Subdivision, Ames, Story County, Iowa, and described as follows: For the use of an electric distribution system: The real property shown on Schedule"A" attached hereto and by this reference made a part hereof. For the use of a water main: The real property shown on Schedule"B" attached hereto and by this reference made a part hereof. Grantee shall have the right within the Easement Area to construct, reconstruct, cover over, clean up, operate,use,maintain,and repair the systems described.The foregoing rights are granted by the Gran- tor and shall be accepted and exercised by the Grantee, if at all, subject to the following terms and condi- tions: 1 Obstructions Prohibited. The Grantor,as the fee simple owners of the underlying real estate,and the Grantor's 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 permitted improvement of the Grantee located within the Easement Area. 2 Restoration. 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 customary methods of soil preparation and phurting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonex- clusive. This instrument shall not preclude the Grantor from granting similar easement tights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instru- ment to the Grantee. T , Easement P a g e 2 4 Title Warranty. The Grantor warrant to the Grantee that the Grantor holds the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein pro- vided 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 para- graph 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. [Signatures Next Page] Easement p a z l 3 In Witness Whereof the undersigned has executed this instrument on the 316 t day of k ,2016. IOWA YOUTH BASKETBALL FOUNDATION(NIK/A IOWA YOUTH ATHLETIC FOUNDATION) By: Di son D.Jensen,Pzt�A_f t and Director STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the 30f day of 2016 by Dickson D. Jensen as president and director of Iowa Youth Basketball Foundation( a Iowa Youth Ath- letic Foundation). t I� NOTARY PUBLIC I � 00"'M"f ion Nmbar 1919401,,j I I i i Easement Page 14 Schedule A ELECTRIC EASEMENT DESCRIPTION A PART OF LOT 1, 11TH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 000051551, EAST ALONG THE EAST LINE OF SAID LOT 1,A DISTANCE OF 172.64 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 37004'47" WEST, 57.77 FEET; THENCE SOUTH 52055'13" EAST, 12.57 FEET; THENCE SOUTH 00000100" WEST, 143.60 FEET TO THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 8804T11" WEST ALONG SAID SOUTH LINE, 10.00 FEET; THENCE NORTH 00000'00" EAST, 138.41 FEET; THENCE NORTH 52°55'13" WEST, 17.60 FEET; THENCE NORTH 37004'47" EAST, 60.18 FEET; THENCE NORTH 89054'05" EAST, 12.55 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.05 ACRES(2,151 SQUARE FEET). AND A PART OF LOT 2, 1 ITH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89054'05" EAST ALONG THE NORTH LINE OF SAID LOT 2,A DISTANCE OF 54.25 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89°54'05" EAST ALONG SAID NORTH LINE, 10.00 FEET; THENCE SOUTH 00000'40"EAST, 25.00 FEET;THENCE SOUTH 89°54'05" WEST, 64.25 FEET TO THE WEST LINE OF SAID LOT 2; THENCE NORTH 00°00'40" WEST ALONG SAID WEST LINE, 10.00 FEET; THENCE NORTH 89°54'05" EAST, 54.25 FEET; THENCE NORTH 00°00'40" WEST, 15.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.02 ACRES(793 SQUARE FEET). Schedule B WATER MAIN EASEMENT DESCRIPTION A PART OF LOT 1, 11TH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOL- LOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 17055'28" EAST ALONG THE WEST LINE OF SAID LOT 1,A DISTANCE OF 181.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 17°55'28"EAST ALONG SAID WEST LINE, 10.00 FEET; THENCE SOUTH 72004'32" EAST, 20.66 FEET; THENCE NORTH 89054'05" EAST, 249.44 FEET; THENCE SOUTH 44053'37" WEST, 14.14 FEET; THENCE SOUTH 89"54'05" WEST, 241.03 FEET; THENCE NORTH 72°04'32" WEST, 22.25 FEET TO THE POINT OF BEGINNING AND CONTAINING 2,667 SQUARE FEET. I RETURN TO:CIVIL DESIGN ADVANTAGE,3405 SE CROSSROADS DRIVE,SUITE G,GRIMES,IA.50111.PH:369.4400 FAX:369A410 EXHIBIT'A'- EASEMENT PLAT OWNER IOWA YOUTH BASKETBALL FOUNDATION 4811 MORTENSEN ROAD, SUITE 108 AMES, IOWA 50014 WATER MAIN EASEMENT DESCRIPTION: A PART OF LOT 1, 11TH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 17'55'28" EAST ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 181.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 17'55'28" EAST ALONG SAID WEST LINE, 10.00 FEET; THENCE SOUTH 72'04'32" EAST, 20.66 FEET; THENCE NORTH 89'54'05" EAST, 249.44 FEET; THENCE SOUTH 44'53'37" WEST, 14.14 FEET; THENCE SOUTH 69'54'05" WEST, 241.03 FEET; THENCE NORTH 72'04'32" WEST, 22.25 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.667 SQUARE FEET. EXISTING 15.00' WATER MAIN EASEMENT N17°55'28"E S72°04'32"E 20.66' INSTRUMENT: 2009-8109 10.00' OZ N89054'05"E 249.44' //7777777777 =J S89°54'05"W 241.03' 10.00' WATER —— N72°04'32"W 22.25' MAIN EASEMENT 4� x Q POINT OF qj BEGINNING S44°53'37"W 14.14' 00o5 \ON OP SW CDR LOT I POINT OF COMMENCEMENT N SCALE ® 0 50 FILE: H:\2016\1602073\DWG\I602D73-WATER MAIN EASEMENT.DWO FILE DATE: 6/5/16 DATE PLOTTED: 8/5/2016 3:20 PM PLOTTED BY: MIKE.LEE PT LOT 1, 11 TH ADDITION 3406 SE CROSSROADS DRIVE,SUITE G 1� DAUNTLESS SUBDIVISION GRIMES,IOWA 50111 1602.073 EASEMENTPLAT 11E6,10Wq CIVIL DESIGN ADVANTAGE PH:(616)369,4400 Fax:(515)369-4410