HomeMy WebLinkAboutA003 - Water Main Easement from Jensen, dated August 26, 2019, Instrument No. 2020-01129 s
Instrument 0: 2020-01129
02/06/2020 09:36:13 AM Total Pages: 3
EASE EASEMENTS
Recording Fee: $ 17.00
Stacie Herridge, Recorder, Story County Iowa
I I I I F1 Kri0'1111V'I4 h 1411,1411 w1%W,111I II
- SPACE ABOVE RESERVED FOR OFFICIAL USE
Legal description: See page 3
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 env-)
Document prepared by: City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010-515-239-5146
Water Main 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 water main:
The real property shown on Exhibit"A"attached hereto and by this ref-
erence 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. Grantee shall have the right to
enter upon sufficient land adjacent to said water main and hydrant Easement Area for the purpose
of exercising the rights and privileges herein. 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 that may interfere with the use, operation
maintenance, repair and replacement of the water main, 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.
2 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 P aft f_ a
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
PVIA�W5+ 2G 2019.
KSON D.JE SEN LU—ADTN C.JENSEN
STATE OF IOWA,C , TY OF STORY,SS.: f�-
This instrument was acknowledged before me on 2019,by Dick-
son D.Jensen and Luann C.Jensen, husband and wife.
NOTARY PUBLIC
ERIK J. CHARTER
rF_ Commission Number 191916
My C mmi for Expires
Attachments—Exhibit"A"-Legal Description and Visual Depiction of Easement Area
I •
Exhibit"A"-Legal Description and Visual Depiction of Easement Area
A
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