HomeMy WebLinkAboutA009 - Utility Easement dated April 13, 2017 V _ j
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Instrument N: 2017-03416
04/17/2017 12:20:38 PM Total Pages: 4
EASE EASEMENTS
Recording Fee: 22.00
Stacie Herridge, ecorder, Story County Iowa
mill Iri MO MAN IM1271111111
Prepared by:Justin P.Weinberg.Briggs and Morgan,P.A.,2200 IDS Center,80 South 8t"Street Minneapolis MN
55402(612)977-8400
UTILITY EASEMENT
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This Agreement, made and entered into by and between TAILWIND 1854 MADISON,
LLC, a Minnesota limited liability company (the "Owner", which expression shall include its
successors in interest and assigns),and THE CITY OF AMES,IOWA(the"City",which expression
shall include its successors in interest and assigns).
It is hereby agreed as follows:
i l. Owner states and covenants that it is the owner of certain real estate as depicted and
described on Exhibit A,attached hereto(the"Plat"),by virtue of legal and/or equitable title,that it
is lawfully seized and possessed of said real estate, and that it has good and lawful right to convey
this easement.
2. Owner hereby grants and conveys to the City a non-exclusive permanent easement
for the purposes of constructing,operating,maintaining,repairing,using and reconstructing public
utilities, on,over,under and across the easement areas described and shown on Exhibit A attached
hereto and referred to herein as "easement area."
3. The City shall have the right to make excavations and to grade as it may find
reasonably necessary for the construction, installation, operation, repair, maintenance and
reconstruction in the easement area.
4. The City shall have the right to trim and remove all trees and bushes which may
interfere with its exercise of the City's rights pursuant to this Agreement. No compensation shall
be provided to Owner,however, for the loss of any trees or bushes.
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5. The City shall have the right to enter onto land beyond the easement area to conduct
emergency repairs that may extend beyond the easement area, without obtaining a separate
temporary easement. City's right to do such work shall be effective only upon City's prior notice
to owners and with minimal disruption of the area.
6. The Owner reserves the right to use the above-described easement area for purposes
which shall not interfere with the rights granted in this Agreement;provided that the Owner shall
not erect or construct any building, retaining wall, or other structure, plant any trees, shrub, or
other landscape plantings,drill or operate any well,or construct any reservoir or other obstruction
on said areas,or diminish or substantially add to the ground cover over said easement area.
7. The City agrees to promptly repair any damages within and immediately adjoining
the easement area, with the intent being to restore the surface of said area to as close to original
condition as is reasonably practicable given the permanent rights granted hereunder.
8. The Owner hereby covenants with the City that it is lawfully possessed of the
real estate above described, and that it has a good and lawful authority to convey it, or any
part thereof.
9. The Owner and its successors and assigns shall maintain the easement areas.
The City shall have no obligation for maintenance of the easement area.
10. The provisions hereof shall inure to the benefit of and bind the heirs, successors,
personal representatives and assigns of the respective parties hereto, shall be deemed a covenant
with the land and with the title to the land, and shall be recorded in the Story County Recorder's
Office.
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under signed has
IN WITNESS WHEREOF,the paxtics]a executed this Utility Easement Agreement on
the 13th day of April,2017.
Tailwind 1854 Madison,LLC,
a Minnesota limited liability company
By:
Name: Michael er
Title: Manager
State of Minnesota, County of Hennepin
This instrument was acknowledged before me on April 13, 2017, by Michael Sather, as
Manager of Tailwind 1854 Madison, LLC.
(Seal, if any)
(sigzature of notarial officer)
`b`.'*• JANINE B. ZIMMERMAN Title(and Rank): AciyA (n
NOTARY PUBLIC G
MINNESOTA My commission expires: 3 b
M'c°'"""'0A E'er'i"""y" 2016 (monthlday/year)
[SIGNATURE PAGE TO UTILITY EASEMENT]
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Exhibit A
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That portion of FINAL PLAT OF ASPEN BUSINESS PARK SUBDIVISION, THIRD
ADDITION, Ames, Story County, Iowa, as described below:
Lot 1: The North 10'of the West 419.97'
The North 5' of the East 239.88'
The West 10'
The South 10'
The East 5'
Lot 2: The North 10'
The West 10' of that part lying east of the Right of Way
The South 10' of that part lying east of the Right of Way
Outlot A: The North 10'
The East 5'
The South 10'
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A-1
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