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Home My WebLink AboutA013 - Electric Easement dated March 20, 2020 Instrument 4: 2020-03168 04/08/2020 12:46:42 PM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder , Story County Iowa Return to: (env) Ames City Clerk PO Box 811 Ames IA 50010 Prepared by: Mark Imhoff, City of Ames Electric Engineering Division, 502 Carroll Avenue, Ames, Iowa 50010;ph. 515- 239-5175 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That (I/we), /U" DiJA 1 t-I—C' , its successors and assigns, (do/does) hereby grant, bargain and convey to the City of Ames, Iowa, a municipal corporation, a perpetual right of way and easement, with the right, privilege and authority to said municipal corporation, its successors, licensees, assigns and lessees,to locate, relocate,replace, construct, reconstruct,repair,operate,maintain,patrol and/or remove an underground line or lines of poles plus all relevant wires and fixtures,for the purpose of transmitting and/or distributing electric and telecommunications in,on,through,over,under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: A STRIP OF LAND 10.00 FEET IN WIDTH LYING PARCEL A, BEING A PART OF LOT 1 IN FOURTH ADDITION TO SOUTHWOOD SUBDIVISION,AND PARCEL C, BEING LOT 2 AND PART OF LOT I IN FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, CITY OF AMES, STORY COUNTY, IOWA, BEING SITUATED 5.00 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: COMMENCING AT A NORTHERLY CORNER OF SAID PARCEL A, SAID POINT BEING A COMMON CORNER WITH PARCEL B OF LOT 2 IN THIRD ADDITION TO SOUTHWOOD SUBDIVISION, AMES, IOWA; THENCE S00°18'28"E, 13.12 FEET ALONG THE EASTERLY LINE OF SAID PARCEL A TO THE POINT OF BEGINNING; THENCE S22°05'33'W, 157.63 FEET; THENCE S00°18'36"E,50.95 FEET,AND THERE TERMINATING,CONTAINING 2085.79 S.F. (See attached plat marked and made a part hereof.) together with (a) the right, privilege and authority to trim, cut and remove from said premises any trees, overhanging branches or other obstructions within a radius of 10(ten)feet from said line or lines of poles,wires and fixtures,as located, (b)the right of ingress and egress to,from and over the above-described premises for doing anything necessary or useful for the enjoyment of the easement herein granted,and(c)all other rights,easements,privileges and appurtenances, in or to said lands, which may be required for the full enjoyment of the rights herein granted, together with the right to assign or grant partially or wholly to others the right or license to use the easement herein granted or any part thereof for the uses and with the rights herein specified. Grantor(s)warrant(s)that(he,she,it,they)(has,have)good title to the above described premises and that there are no encumbrances which will limit or interfere with the rights granted herein to Grantee. The Grantor(s),(his,her, its,their)tenants,heirs,successors and assigns shall have the right to use and enjoy said premises fully,except for the rights and privileges hereinbefore granted to the Grantee;provided however,that no buildings, structures or improvements either permanent or temporary in nature,nor shall the terrain be altered without prior written consent of Grantee,nor shall any other utilities be placed in,on,through,over or across the easement without Grantee's prior written consent;that the use of said premises shall at all times be subject to such acts and uses by Grantee as may be necessary for the purposes herein set forth. The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability for all damages to the above described property caused by the City's failure to use due care in its exercise of the rights, privileges and authorities granted. Dated at Aot this a day of Aw,k 120 C ignature Printed Name ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF tualpiprNa ) COUNTY OF d a AZA ) ss: INDIVIDUAL ^^rr CORPORATE On this 057 day of �Mi(th A.D. 20 0�� , Title(s) of Corporate Officer(s): before me, the undersigned, a Notary Public in and for said Stalt.p,person III( appeared 1 Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership to me personally known General Partnership or proved to me on the basis of satisfactory evidence Attorney-In-Fact Executor(s) or Trustee(s) to be the person(s) whose name(s) is/are subscribed to the Guardian(s) or Conservator(s) within instrument and acknowledged to me that he/she/they Other: executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the SIGNER IS REPRESENTING: person(s), or the entity upon behalf of which the person(s) ace , executed he instr ent. List name(s) of person(s) or entity(ies) (sign in ink) (pri t/ pe name) Notary Public in and forte State of (Notary Seal) n C W lent' - /e 01ARY . w = STAGE EASEMENT EXHIBIT LOCATION: IN PARCELS A,B&C IN LOTS 1,2&3 IN 4TH ' "ADDITION SOUTHWOOD SUBDIVISION,AMES, STORY COUNTY,IOWA PROPRIETOR: NLA AMES SS,LLC-PARCEL A NLA DUFF,LLC-PARCELS B&C REQUESTED BY: RICH PIGGOTT,KIMLEY-HORN SURVEYOR: FOX ENGINEERING ASSOCIATES,INC. AMES,IA 50010 515-233-0000 PARCELCORNER Survey Description-Public Utility Easement: A strip of varying width lying in Parcel A,being a part of Lot 1 in Fourth Addition to Southwood Subdivision,and ELECTRIC S00°18'28"E Parcel B,being Lot 3 and part of Lot 1 in Fourth Addition to Southwood Subdivision,City of Ames,Story 13.12' County,Iowa,being situated 15.00 feet on each side of the following centerline:Commencing at the Southwest I EASEMENT ti Corner of said Parcel A;thence N00°18'42"W,56.22 feet along the west line thereof;thence N89°42'22"E, 12085.79 S.F. �� 40.00 feet to the east line of an existing Public Utility Easement,and the ppoint of beginning;thence continuing �OZ� N89°42'22"E,215.17 feet to Point"A";thence continuing N89°42'22"E,135.09 feet to the west Tine of an k�,o existing water easement,and there terminatingg AND beginningg at said Point"A";thence being situated 10' mpQO 7.50 feet on each side of a centerline bearing N00°17.37 W,59.28 feet to a point on the boundary of said �� Parcel A,and there terminating,containing 11171.90 s.f. II k011r Survey Description-Electric Easement: S22°05'33 2r A strip of land 10.00 feet in width lying entirely within Parcel A,being a part of Lot 1 in Fourth Addition to Ilhhhh1157.63' Southwood Subdivision,City of Ames,Story County,Iowa,being situated 5.00 feet on each side of the following centerline:Commencing at the Southwest Corner of said Parcel A;thence N00°18'42"W,76.22 feet I along the west line thereof;thence N89°42'22"E,77.36 feet to the east line of an existinrq electric easement and the point of beginning;thence continuing N89°42'22"E,175.32 feet;thence N00°17 37"W,39.28 feet to a point on the boundary of said Parcel A,and there terminating,containing 2146.04 s.f. Survey Description-Electric Easement: A strip of land 10.00 feet in width lying Parcel A,being a part of Lot 1 in Fourth Addition to Southwood Subdivision,and Parcel C,being Lot 2 and part of Lot 1 in Fourth Addition to Southwood Subdivision,City of Ames,Story County,Iowa City of Ames,Story County,Iowa,being situated 5.00 feet on each side of the following centerline:Commencing at a northerly Corner of said Parcel A,said point being a common corner with Parcel B of Lot 2 in Third Addition to Southwood Subdivision,Ames,Iowa;thence S00°18'28"E,1112 feet along the easterly line of said Parcel A to the point of beginning;thence S22°05'33"W,157.63 feet;thence SO0°18.36"E SOO 18'36"E,50.95 feet,and there terminating,containing 2085.79 s.f. 50.95' I I V/I; I V I /1 EXIST.20'WATER EXISTING 20'SAN. 1 EASEMENT SEWER EASEMENT wZ I I I a I V I W I ✓ i;� I I /I I I o � I I PARCEL� / EXISTING — ELECTRIC ELECTRIC .11 EASEMENT : EASEMEN I:';:7 10, / I I 2146.04 S.F. Noo°17.37"W V 89°42'22"E 39.28' PARCEL 11 I �I I 10 175.32' 15' 059287 N89°42'22 E 77.36',... N N89°42'22"E _ _ N89°42'22"E 215.17' N89°42'22"E 135.09' PUB11 LIC UTILITY EXISTING EASEMENT ELECTRIC EASEMENT T A ^�C` S.F c Ir/ 1 LSW CON N I PARCELRAER S.16TH STREET o 60' 120' 1 hereby certify that this land surveying document was prepared by me or under my direct personal ��llunlnrrriii t AXsupervision and that I am a duly licensed Professional Land Surveyor under the laws of the State of Iowa. 0p1, LEY Sgineering �� a•y��ENSfoyBo FOX Engineering Associates,Inc. 3, ozo =A: 17t fit o 414 South 17th Street,Suite 107 R. BRADLEY STUMBO, PLS DATE '••. /OWA •,� Ames,Iowa 50090 ��`jO .Phone:(515)233-0000 License number 17161 �� 4•q"•••••• FAX: (515)233-0103 My license renewal date is December 31, 2021. i��ii/t'IANO"`�p� JOB#5069-20B DATE:3/19/20 PAGE 1 OF 1 r SUBORDINATION & CONSENT BY LENDER [affecting Parcels 'B'and l The undersigned, the Mortgagee under that certain Mortgage, Assignment of Leases and Rents, Security Agreement and Fixture Filing (the "Mortgage") recorded on August 27, 2019, 2020,as Instrument No.2019-07814,of the official records of the Recorder of Story County,Iowa, hereby consents to the Electrical Easement attached hereto and agrees that the lien of Mortgage shall be subject and subordinate to said Electrical Easement. TRUSTMARK NATIONAL BANK,A NATIONAL BA ING ASSOCIATION 4 Dated 2020. By: vs �, SIGNA `ROE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF S� ,COUNTY OF l ,SS.: x�l T�nstrulpent yeas xo led d before me on h�_,2020,by Gc. (insert name), as -tl��,U�(fY1 ICE' (insert title),of Trustmark National Bank, a national banking association. SATE pF 46 y N•: NJRYBLIC S G 4i, r�.oG :U v • � O fd � 0 N I j