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Home My WebLink AboutA010 - Easement dated September 19, 2017 * t t { Instrument 0: 2017-10500 10/13/2017 11:31:10 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa 1111M Iffi 9116A ik1 W Wit IN h 11111 S P A C E A B O V E. R E S E R V E D F O R O F F I C I A L U S E Return document to: Eric J.Eide,1416 Buckeye Ave.,Ames IA 50010 Document prepared by: Eric J.Eide,Attomey at law,1416 Buckeye Ave.,Ames IA 50010—Ph.515-956-3900 EASEMENT KNOW ALL PERSONS: The undersigned,D&R Furman,L.L.C.,an Iowa member-managed lim- ited liability company (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 ad- jacent 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 Birch Meadows 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 surface water flowage easement: The real property shown on Schedule "B"attached hereto and by this reference made a part hereof. For use of a pedestrian easement: The real property shown on Schedule"C" attached hereto and by this reference made a part hereof. For use of a storm sewer easement: The real property shown on Schedule"D"attached hereto and by this reference made a part hereof. 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. IN WITNESS WHEREOF the undersigned has executed this instrument on ,2017. 1 Y , 2 D&R FURMAN,L.L.C. EY• 4'Y1Gtu� . Ft�Gh EY• /lrol*� •Mary R. Fitc , as Co-Trustee of the Richard V Richard L. Fitch, as Co-Trustee of and Mary Fitch Revocable Trust u/d/o Sep- the Richard and Mary Fitch Revoca- tember 25, 1996,Member ble Trust u/d/o September 25, 1996, Member STATE OF IOWA,COUNTY OF STORY,SS.: c f_,, This instrument was acknowledged before me on J IJ(�f I"1 , 2017,by Mary R. Fitch and Richard L. Fitch, as Co-Trustees of the Richard and Mary titch Revocable Trust u/d/o September 25, 1996,which trust is a member of D&R Furman,L.L.C. JUUE STRUM Co 73 My Commissi n &mmission Number Expireess23 N ARY PUBLIC August 17, 2019 D&R FURMAN L.L.C. BY: TfC a:A A Mary R. Fitch, s Trustee of the Ruth W. Fur- man Revocable Trust,Member STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on SiAA or 19 ,2017,by Mary R.Fitch, as Trustee of the Ruth W.Furman Revocable Trust,which trust is a member of D&R Furman,L.L.C. JUUE STRUM Commission Number 730023 My Commission Expires NO Y PUBLIC °N1 August 17, 2019 1 e BIRCH MEADOWS SUBDIVISION, FIRST ADDITION AMES, STORY.COUNTY, IOWA EASEMENT DESCRIPTIONS PUBLIC UTILITIES EASEMENTS The South 5 feet, the West 5 feet, and the East 10 feet of Lot 1; AND, The West 5 feet, and the East 10 feet of Lot 2; AND, The West 5 feet, and the East 10 feet of Lot 3; AND, The East 10 feet, and the South 5 feet, and the North 10 feet of Lot 4; AND, The North 10 feet and the South 5 feet of Lot 5; AND, The North 10 feet and the South 5 feet of Lot 6; AND, The North 10 feet and the South 5 feet of Lot 7; AND, The North 5 feet and the South 10 feet of Lot 8; AND, The North 5 feet and the South 10 feet of Lot 9;AND, The North 5 feet and the South 10 feet of Lot 10; AND, The North 5 feet, and the South 10 feet, and the East 10 feet of Lot 11; AND, The South 10 feet, and the West 10 feet, and the East 5 feet of Lot 12; AND, The East 5 feet, the North 10 feet, and the West 10 feet of Lot 13; AND, The East 5 feet, and the West 10 feet, and the South 10 feet of Lot 14; AND, The North 10 feet, the East 5 feet, and the West 10 feet, and the South 10 feet of Lot 15; AND, ALL IN, Birch Meadows Subdivision, First Addition, City of Ames, Story County, Iowa. t. 1 SURFACE WATER FLOWAGE EASEMENT The West 10 feet of Lot 7; AND, The North 5 feet of Lot 8; AND, The North 5 feet of Lot 9; AND, The North 5 feet of Lot 10; AND, The North 5 feet of Lot 11; AND, The North 20 feet of Lot 8; AND, All of Outlot A; AND, All of Outlot B; ALL IN, Birch Meadows Subdivision, First Addition, City of Ames, Story County, Iowa. PEDESTRIAN EASMENT The West 3.5 feet of Lot 8; AND, All of Outlot B; ALL IN, Birch Meadows Subdivision, First Addition, City of Ames, Story County, Iowa. STORM SEWER The West 10 feet and the North 5 feet of Lot 8; AND, The North 5 feet of Lot 9; AND, The North 5 feet of Lot 10; AND, The North 5 feet of Lot 11; AND, All of Outlot A;AND, All of Outlot B; ALL IN, Birch Meadows Subdivision, First Addition, City of Ames, Story County, Iowa. BIRCH MEADOWS SUBDIVISION, FIRST ADDITION, AMES, STORY COUNTY, IOWA