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HomeMy WebLinkAboutA002 - Sanitary Sewer Easement from Jensen, dated August 26, 2019, Instrument No. 2020-01128 Instrument p: 2020-01128 02/06/2020 09:36: 13 AM Total Pages: 3 EASE EASEMENTS Recording Fee: 17.00 Stacie Herridge, ecorder, Story County Iowa 1111 R'l 14Mk 11111111 SPACE ABOVE RESERVED FOR OFFICIAL USE Legal description: Seepage 3 Return document to: City Clerk,515 Clark Avenue,Ames IA 50010 f'n Document prepared by: City ofAmes Legal Depa►tment,515 Clark Ave.,Ames,1A 50010—515-239-5146 Sanitary Sewer Easement Know All Persons: The undersigned,Dickson D.Jensen and Luann C.Jensen,husband and wife, (hereinafter referred to as the"Grantors"), their successors and assigns, for valuable con- sideration 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 de- scribed 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 Plate of Easement,and described as follows: For the use of a sanitary sewer system: 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: 1 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 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. Notwithstanding the foregoing, Grantor may pave the surface of the Easement Area. The Grantee shall have the right to prevent damage to a permitted improvement of the Grantee located within the Easement Area. a Restoration. Immediately following construction, reconstruction, or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work,at Grantee's sole cost,in a manner consistent with City standards. 3 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 12 4 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. 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 �tA"IvtS 2(o 2019. 4 " r KSD.DENS N LUA N C.JENSE19 STATE OF IOWA,CO OF STORY,SS.: S+ 2 This instrument was acknowledged before me on 2019, by Dick- son D.Jensen and Luann C.Jensen,husband and wife. Atm ERIK J. 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