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Home My WebLink AboutA014 - Public Utility Easement Instrument 0: 2020-03867 04/23/2020 11:01:51 AM Total Pages. 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, Recorder , Story County Iowa I I I I wi'l Fib K91 UJ:4VIW1LIf1.A 11W,1111111 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 US E Legal description: See page 4. Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by: City of Ames Leal Department, 515 Clark .ave.,Ames, IA 50010— I5-239-5146 Public Utility Easement Know All Persons:The undersigned,NIA Ames SS,LLC,and NIA Duff,LLC,both limited liability companies, (hereinafter referred to as the `Grantors"), to the extent of their respective interests in the Easement Area described herein, their successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do 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 Easement Exhibit,and described as follows: For use of a public utility easement for such general utilities as may be distributed under franchise of the City of Ames: 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 Grantors and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: i Obstructions Prohibited. The Grantors, as the fee simple owners of the underlying real es- tate,and the Grantors'successors and assigns,shall not erect or place within the Easement Ar- ea any building or other structure 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. z Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar ease- ment rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. Easement P a g e 12 3 Title Warranty.The Grantors warrant to the Grantee that the Grantors hold the Easement Area by title in fee simple;that the Grantors have good and lawful authority to grant the ease-ment rights herein provided for. 4 Successors. This Easement shall be binding upon successors and/or assigns of both Grantors and Grantee. 5 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 12020. NLA DUFF,LLC,a Delaware limited liability company NET LEASE ALLIANCE,LLC,a Tennessee limited liability company,its Manager B : JelL.Colson,Chief Financial Officer STATE OFRj&bftoS. ,COUNTY F ern ,SS.: This instrument was acknowledged before me on ,2020, Samuel L.Colson,as Chief Financial Officer of Net Lease Alliance, LLC,the Manager of NLA Duff,LLC. ypy� i s NO"TAR PUBLIC -« ♦ss �4 NLA AMES SS,LLC,a Delaware limited liability company NET LEASE ALLIANCE,LLC,a Tennessee limited liability company, its Manager hl"'—�� B : Sg&nlu"el L.Colson,Chief Financial Officer STATE OF `- ,COUNTY OF ,SS.: This instrument was acknowledged before me on ,2020,ey Samuel L.Colson,as Chief Financial Qfficer of Net Lease Alliance,LLC,the Manager of NLA AMES SS,LLC. y� P NOTARY BLIC .g C, Exhibit`A'- Legal Description of Public Utility Easement Area A strip of varying width lying in Parcel A,being a part of Lot i in the Fourth Addition to Southwood Subdivision, and Parcel B, being Lot 3 and part of Lot i in the Fourth Addition to Southwood Subdivision, City of Ames, Story County, Iowa, being situated 15.00 feet on each side of the following centerline:Commencing at the Southwest Corner of said Parcel A;thence N oo*18'42"W, 56.22 feet along the west line thereof,thence N 89042'22" E, 40.00 feet to the east line of an existing Public Utility Easement,and the point of beginning;thence continuing N 89°42'22" E, ai5.i7 feet to Point"A";thence continuing N 89°42'22" E, 135.09 feet to the west line of an existing water easement,and there terminating;AND beginning at said Point"A";thence being situated 7.5o feet on each side of a centerline bearing N 00°17 37"W, 59•28 feet to a point on the boundary of said Parcel A,and there terminating. [Containing 11,171.90 square feet more or less]. I EASEMENT EXHIBIT LOCATION: IN PARCELS A B d C IN LOTS 1,2 a 3 IN 4TH ADDITION SOGTMWOOD SUBDIVISION,AMES, STORY COUNTY,IOWA PROPRIETOR: NLA AMES SS,LLC-PARCEL A NU1 DUFF,LLC-PARCELS B 8 C REQUESTED BY: RICH PIGGOTT,IOMLEY-HORN SURVEYOR: R.BRADLEY STUMBO PLS 817161 FOX ENGINEERING A§SOCIATES,INC. AMES.IA 50010 515-233-0000 CORNERLA Survey Description-Public Ublity Easement: A slip of varying width!lying in Parcel A,being a part of Lot 1 in Fourth Addition to Southwood Subd-Sion,and 500'1826'E Parcel B,being Lot 3 end part of Lot 1 in Fourth Addition la S7. . Subdivision,Gty of Ames,Story ELECTRIC 13AZ County,Iowa,being situated 15.00 feet on each aide of the fonterline:Commenting at cite Southwest EASEMENT ti Comer of said Parcel A;thence N00'18'42'YV,56.22 feat alont line thereof;Mence N89'4222E, 20853M S.F. 40.00 feet to the east line of an existlng Public U811ry ppooinnnigcontinuing 02 o N89'4722'E T15 t7 tee;to Point'A':(hence tiumg N69135. 9teal towestlneof an xisting water easement and there tenninabnggbeegginni Point'A';thence being sttuated Oq 7.50 feet on eact,side of a centerline bearing N0037yir,5928 feet to a point on the boundary of said I 1° Parcel A,and there terminating,containing 11171.90 s t I u Oti= I 4�yo Survey Description-Electric Easement: S2j-OS'33 A stripp of varying width lying entirely within Parcel A,being a part of Lot 1 In Fourth Addition to Southwood h 57 63' Subdivison,Cily of Ames.Story County,Iowa,being situated 10.00 feet on each side of the following centerline:Commenting al the Southwest German rlsaid Parcei A.thence N00'18'42 W,149 74 feet along the I west tine thereof:thence N89'41'18'E,73.41 feet to the point of beginning;thence SOO'17'1TE,73.54 feet thence N89'42'22'E,179.29 feet;thence NOO'17'37'W,39 28 feet to a point on the boundary of said Parcel A,and there terminating,containing 3656.66 sf. 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 I following centerline Commencing at a northerly Comer of said Parcel A,said point being a common comer wrth Parcel B of Lot 2 in Third Addition to Southwood SubdMsion,Ames,Iowa,thence SOO'l 8'28'E,13.12 feet -- along.the easterly line of said Parcel A to the point of beginning:thence S22'05'33W.157.63 feet:thence S00•tg3� SOO 18'36'E,5C.951"'and there terminating,containing 2085 79 s f. 5096 I I V�V I I � I ✓ I I I I I I I I I I/`EXIST.EMENT WATER EXISTING 2a SAN. �� SEWER EASEMENT I I I I I I PARCEL A I I I I _ — � I W I i I g I x I 1 W I I PARO-B I I I I I I ELECTRIC Ne9.4418-E EASEMENT I 7'�4 — 3656.66 S.F I _X1': FJSEMENj S00'174 -- 7354 10 I 10 N89'4222'E 39.28'' •17'37'W PARCELA 17929' 5928' Ne9-�2'22'E —To N69'4222'E 215.17 14e91 198-09' PUBLIC U�MENT IEXISTING TY A PARCEL ELECTRIC EASSEUENT 11171.90 B N SS7W�CORNER S.16TH STREET -- 0 eo• 120, I hereby certify that this land surveying daunnent eas prepared by me or under my direct Personal "r�1LElal �� supervision and that I om a duly licensed Professional Land Surveys under the Ian of the State of Ion. LEY S, T�`,� 3�o/Zozo "'6' FOX Erpineertq AgapeW Inc Zeering . -_�_. g€ 414 South 171h BYeeL SurM t07 R. EIRAOLEY STumeq PLS 4711'A Pre:�500231 0000 U—"number 17191 FAX(515)233-0103 My license reseed date la December 31. 2021. „m1.011) 3OBe 5069-208 DATE:3/09/20 PAGE 1 OF 1