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HomeMy WebLinkAboutA010 - Public Access Easement dated November 8, 2017 Instrument q: 2017-11595 11/16/2017 09:20:14 AM Total Pages: 2 EASE EASEMENTS Recording Fee: $$ 12.00 Stacie Herridge, Recorder, Story County Iowa Return to: Jensen Group 4611 Mortensen Rd., Ste. 106 Ames, IA 50014 Attn: Todd Petersen PREPARED BY . KATHLEEN LAW,700 WALNUT,SUITE 1600,DES MOINES,IA 50309; 515-283-3116 PUBLICACCESS EASEMENT KNOW ALL PERSONS: The undersigned,Dickson D.Jensen and Luann C.Jensen,husband and wife(hereinafter referred to as the"Grantor"), for valuable consideration, does hereby grant unto the City of Ames, Iowa, an Iowa municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), 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 described as follows: Lot 13,Bricktowne Ames Subdivision,Ames, Story County,Iowa This Public Access Easement is for the benefit of Lot 12, Bricktowne Ames Subdivision, Story County, Iowa and is granted for the purposes of allowing vehicular access from said Lot 12 across said Lot 13 to the public access easement to be located adjacent to and north of said Lot 13 as shown on the final plat of Bricktowne Ames Subdivision. In connection with the development of said Lot 13,Grantor,or a successor owner of said Lot 13 may request the City of Ames approve a public access easement upon a part of said Lot 13,upon which an amendment to this Public Access Easement shall be executed and filed with the Sto- ry County Recorder to show the location of the amended Easement Area. ERECTION AND PLACEMENT OF STRUCTURES,OBSTRUCTIONS, PLANTINGS, OR MATERIALS PROHIBIT- ED. Grantor shall not erect any fence or other structure under,over,on,through,across or within the Ease- ment Area without obtaining the prior written consent of the City of Ames,nor shall Grantor cause or per- mit any obstruction,planting or material to be placed under, over, on, through, across or within the Ease- ment Area without obtaining the prior written consent of the City of Ames. The City of Ames, Iowa shall have the right to trim or remove trees and shrubs in the easement area to prevent damage to utility service lines of the City of Ames located within the easement area. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee upon the express condition that the users of the granted rights will assume liability for all damage to the real es- tate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. [Signatures appear on following page] Bricktowne Ames Subdivision ' d r d IN WITNESS WHEREOF the undersigned has executed this instrument on 00- V ,2017. c ckson D.Jensen L nn —Jensen STATE OF IOWA,COUNTY OF STORY,SS.: This record was acknowledged before me on P3() , 2017, by Dickson D. Jensen and Luann C.Jensen,husband and wife. STAMP Notary Public in and for the tate o Iowa 6828433 Public Easements—Bricktowne Ames Subdivision