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HomeMy WebLinkAboutA009 - Public Utility Easement dated June 27, 2018 Instrument 0: 2018-06235 07/12/2018 10:18:29 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa Retum to: Ames City Clerk Box 811 Ames, IA 50010 Prepared by: Jeremy C. Sharpe, 666 Walnut St., Ste 2000 De)Moines, IA 50309 (515) 243-7100 Return to: Prcp=er- PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT that Iowa State University Research Park("Grantor") does hereby grant the CITY OF AMES, IOWA,the perpetual right to the following described easements: A. Public Utility Easement. Grantor grants to the City of Ames, Iowa the right to construct, reconstruct, maintain and use its electric lines, consisting of poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment, or any part thereof, upon underground over or across the real estate described in Exhibit A (the"Easement Area"), all within Iowa State University Research Park Phase III Third Addition Subdivision, Ames, Iowa. B. Other Companies' Rights. Grantor further grants to the City of Ames, Iowa,the right to permit other utility companies to construct and, in the same manner, maintain its utility facilities, jointly or severally upon, underground, over or across the Easement Area. C. General Terms and Conditions. Grantor, its successors and assigns, shall not: 1. erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer. 2. change grade, elevation or contour of any part of the Easement Area without obtaining prior written approval of the City Engineer. D. The City of Ames shall have the right of access to the Easement Area granted in this Public Utility Easement together with rights of ingress and egress reasonably necessary to the use and enjoyment of the Easement Area for the purposes described, including, but not limited to: 1. the rights to remove any unauthorized obstructions or structures placed or erected on the Easement Area, and 2. the right to improve, repair and maintain the Easement Area. E. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. F. The terms and conditions of this Public Utility Easement are binding upon the Grantor, including,but not limited to, future owners, developers, leases or occupants. All provisions of this instrument including benefits and burdens run with the land and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. Dated this day of , 2018. OWNER Iowa State University Research Park By: Steven T. Carter, sident STATE OF IOWA, STORY COUNTY This record was acknowledged before me on�, 2018 by Steven T. Carter, as President of Iowa State University Research Park. t Notary Public in and for said StatJ and County My Commission Expires —2 (Seal) CONNIE L HARRIS Notarial Seal - Iowa Commission # 703964 My Commission Expires f : EXHIBT A The following real estate, all within Iowa State University Research Park Phase III Third Addition, Ames, Iowa, is subject to this Public Utility Easement: Public Utility Easements: Lot 1: The East 15' The South 10' The West 10' The North 10' Outlot A: The North 10' The East 15' The West 10' of that part of Outlot A lying East of the 45' Sanitary Sewer Easement Outlot X: The East 15' of that part of Outlot X abutting S. Riverside Drive and lying north of Outlot A Belin\I0269\1033\P1at of Phase III,ThirdAddition-Public Utility Easement-ISURP(2990888.1).docx