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HomeMy WebLinkAboutA036 - Water Main Easement dated June 10, 2020 Instrument N: 2020-06124 ` 4 06/10/2020 08:41 :47 AM Total Pages. 3 EASE EASEMENTS Recording Fee: $ 17 00 Stacie Herridge, Recorder, Story County Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description: See page 3. Cenq Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:City o Ames Legal Department,515 Clar• Ave.,Ames, IA 50010-515-239-51.36 Water Main Easement Know All Persons: The undersigned, Deere & Company, a foreign for-profit corporation operating in the State of Iowa, (hereinafter referred to as the "Grantor"), its successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, does hereby grant unto the City of Ames, Iowa, a 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 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 attached Plat of Easement, and described as follows: For the use of a water main: The real property shown on Exhibit"A"attached hereto and by this reference made a part hereof(the"Easement Area"). 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 Grantor and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantor, as the fee simple owner 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 prevent damage to a permitted improvement of the Grantee located within the Easement Area,which shall include the right to remove obstructions within the Easement Area. 2 Restoration. Immediately following construction, reconstruction, maintenance, operation replacement, repair work or removal by the Grantee within the Easement Area, weather and season permitting, Grantee shall timely return the Easement Area to its condition prior to said work,at Grantee's sole cost. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive.This instrument shall not preclude the Grantor 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. •, J Easement P a g e 1 2 4 Condition. Grantee has examined and knows the physical condition of the Easement Area and accepts such "as is." Grantee acknowledges that Grantor has made no representation, warranty or other assurances concerning the Easement Area or the adequacy,safety,suitability, or other condition of such for Grantee's purposes,except as set forth in Section 6 below. 5 Title Warranty. The Grantor warrants 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 provided for. 6 Grantee Approval. Grantee,by acceptance and recording of the Easement agrees to be bound by the terms herein. 7 Successors. This Easement shall be binding upon successors and/or assigns of both Grantor and Grantee. 8 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 on Sv,.c 11 fh. , 2020. DEERE &COMPANY C By: __— By: y9 SIGNATURE SIGNATURE ;10 r- _ NAME PRINTED NAME PRINTED T �2a.,, LCckl.: 3�TIL -�4n,{c Lat-y I ITLE OF AUTHORIZED SIGNER TITLE OF AUTHORIZED SIGNER STATE OF IOWA,COUNTY OF STORY,SS.: / ,! is instrument was cknowledged before me on 6 / `� 2020, by van F— S Omer and (insert names)as and (insert title/office)of Deere I Company. tiPa�►c s SOYOUNG SHIN o Commission Number 812768 NOTARY PUBLI Z My Commission Expires ,�,,,, Se tember 20, 2021 I • WATER MAIN EASEMENT EXHIBIT 'A' LOCATION: LOT 1,IOWA STATE UNIVERSITY RESEARCH PARK PHASE III,THIRD ADDITION TO CITY OF AMES STORY COUNTY,IOWA PROPRIETOR: DEERE&COMPANY SURVEYOR: R.BRADLEY FOX ENGINEERING ASS CIATES,INC. 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