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Home My WebLink AboutA025 - Amended and Restate Easemnts dated September 14, 2021, Instrument No. 2021-11974 Instrument 0: 2021-11974 09/17/2021 12:46:07 PM Total Pages: 7 EASE EASEMENTS Recording Fee: 37.00 Stacie Herridge, Lcorder, Story County Iowa ■III W li Ell K19`U '. 44�«,L 14111.%W,1111111 S P A C E A B O V E RESERVED FOR OFFICIAL U S E Legal description: See pages 4-6 L�u Return document to: City Clerk 515 Clark Avenue Ames IA 50010 ocument prepared by: VictoriaA.Feilmeyer.City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 Amended and Restated Easements Know All Persons: The City of Ames Iowa an Iowa municipal corporation (hereinafter re- ferred to as the "Grantor"), does hereby amend, restate and reserve certain easements filed June 1, 2020, as Instrument No. 2020-05687, unto the C11Y of Ames. Iowa. (hereinafter referred to as the "Grantee"),upon the conditions hereinafter recited,the perpetual right to enter upon the land herein- after 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 final plat drawing of Baker Subdivision,Ames,Iowa,and described as follows: For the use of common public utility distribution systems including water,sanitary sewer, electricity,geothermal energy systems,natural gas,telecommunications,and such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule A"attached hereto and by this refer- ence made a part hereof. For the use of a surface water flowage,detention and drainage: The real property shown on Schedule"B"attached hereto and by this refer- ence made a part hereof. For the use of a sanitary sewer system: The real property shown on Schedule"C"attached hereto and by this refer- ence made a part hereof. For the use of storm sewer: The real property shown on Schedule"D"attached hereto and by this refer- ence made a part hereof. For the use of storm sewer and surface water detention,flowage and drainage: The real property shown on Schedule"E"attached hereto and by this refer- ence made a part hereof. For landscaping purposes: The real property shown on Schedule"F"attached hereto and by this refer- ence made a part hereof. For geothermal energy systems and their appurtenances purposes: The real property shown on Schedule"G"attached hereto and by this refer- ence made a part hereof. Easement P a g e 1 2 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 Grantor and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions: 1 Obstructions Prohibited. The Grantor, as the fee simple owners of the underlying real estate, and the Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure,fence or improvement or any trees,shrubs or other landscape plant- ings other than grass or comparable ground cover except with the prior written consent of the Grantee. The City of Ames,as Grantee,shall have the right to trim or remove trees and shrubs,or any other obstruction,within the Easement Area to prevent damage to a permitted improvement of the Grantee located within the Easement Area. Landscaping shall be allowed in the Easement Area set aside for landscaping as set forth in Schedule V herein. 2 Restoration. Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area,weather and season permitting,ground area with previously existing grass cover that is disturbed by such work shall be planted with grass seed in accordance with customary methods of soil preparation and planting by the Grantee. 3 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 4 Successors and Assigns. The easement rights provided herein shall be binding upon successors and assigns of both Grantee and Grantor. S Title Warranty. The Grantor warrants that it has good and lawful authority to grant the easement rights herein provided for; and that the Easement Area is free and clear of all liens and encum- brances. 6 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 instru- ment 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. g '`f'f t�� In Witness Whereof the undersigned has executed this instrument on 2021. [ S I G N A T U R E S O N SUB SEQUENT P A G E ] Easement P a g e 3 CITY OF AMES,IOWA B John A. Haila,Mayor At- te �.�WIXJ� Diane R. Voss,City Clerk STATE OF IOWA, COUNTY OF STORY,SS.: This instrument was acknowledged before me on S t�-P+. I `{- , 2021, by John A. Haila and Diane R. Voss, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. 14�& "04,r RENEE HALL NOTARY UBLIC Commission Number$27148 ow'. My commission Expires Easement P a g e 4 PUBLIC UTILITY EASEMENT-Schedule`A' THE WEST 5.00 FEET OF LOTS 14, 15, 16, 17 AND 27,BAKER SUBDIVISION,AMES, STORY COUNTY, IOWA. AND THE EAST 5.00 FEET OF LOTS 1 THROUGH 13,BAKER SUBDIVISION,AMES,IOWA. AND THE WEST 10.00 FEET OF THE EAST 15.00 FEET OF LOT 22,23,24,25 AND 26,AND OUTLOT`X,' BAKER SUBDIVISION,AMES,IOWA. AND THE WEST 10.00 FEET OF LOTS 1 THROUGH 13 AND 23,24,25 AND 26,BAKER SUB- DIVISION,AMES, IOWA. AND THE NORTHERLY 10.00 FEET OF LOT 8,LOT 27 AND OUTLOT `Z',BAKER SUBDIVI- SION,AMES,IOWA. AND THE NORTH 10.00 FEET OF LOT 13 AND LOTS 17, 18, 19,20, 21 AND 22, BAKER SUB- DIVISION,AMES,IOWA. AND THE SOUTHERLY 10.00 FEET OF LOTS 9, 14, 18, 19,20, 21 AND 26,BAKER SUBDIVI- SION,AMES,IOWA. AND THE EAST 10.00 FEET OF LOTS 14, 15 16,BAKER SUBDIVISION,AMES,IOWA. AND THE SOUTHWESTERLY 10.00 FEET OF LOT 22,BAKER SUBDIVISION,AMES,IOWA. AND THE SOUTHEASTERLY 10.00 FEET OF LOT 17,BAKER SUBDIVISION,AMES,IOWA. Easement P age 5 SURFACE WATER FLOWAGE EASEMENT—Schedule B' THE WEST 10.00 FEET OF THE EAST 15.00 FEET OF LOTS 23 THROUGH 26,BAKER SUBDIVISION,AMES,IOWA. AND THE NORTH 2O.00 FEET OF LOT 21,BAKER SUBDIVISION,AMES,IOWA. AND PART OF LOT 22,BAKER SUBDIVISION,AMES,IOWA,MORE PARTICULARLY DE- SCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 22; THENCE SOUTH 89001'18" EAST ALONG THE NORTH LINE OF SAID LOT 22,A DISTANCE OF 19.26 FEET;THENCE SOUTH 00051'00" EAST, 123.14 FEET TO THE SOUTHERLY LINE OF SAID LOT 22;THENCE SOUTH 70°04'30" WEST ALONG SAID SOUTHERLY LINE, 10.58 FEET;THENCE NORTH 00051'00" WEST, 76.85 FEET;THENCE NORTH 42°00'49" WEST, 41.08 FEET TO THE WESTERLY LINE OF SAID LOT 22; THENCE NORTH 41°36'37" EAST ALONG SAID WESTERLY LINE,26.35 FEET TO THE POINT OF BEGINNING [CONTAINING 0.05 ACRES (2020 SQUARE FEET)MORE OR LESS]. SANITARY SEWER EASEMENT—Schedule`C' THE EAST 15.00 FEET OF LOT 27,BAKER SUBDIVISION,AMES, IOWA. STORM SEWER EASEMENT—Schedule`D' THE SOUTHERLY 20.00 FEET OF LOTS 14 AND 26,BAKER SUBDIVISION,AMES, IOWA. STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT- Schedule`E' THE EAST 15.00 FEET OF LOTS 1 THROUGH 13,BAKER SUBDIVISION,AMES,IOWA. LANDSCAPE EASEMENT—Schedule`F' THE EAST 5.00 FEET OF LOTS 22,23,24,25 AND 26,AND OUTLOT`X',BAKER SUBDI- VISION,AMES,IOWA. Easement P a g e 6 GEOTHERMAL ENERGY SYSTEMS EASEMENT—Schedule`G' ALL OF THE EASEMENT AREAS IDENTIFIED IN SCHEDULE`A'ABOVE(PUBLIC UTIL- ITY EASEMENTS)AND THE SOUTH FIVE(5)FEET OF THE NORTH FIFTEEN(15)FEET OF LOTS 18, 19,AND 20 IN BAKER SUBDIVISION,CITY OF AMES,IOWA,WHICH AREA RUNS PARALLEL WITH THE NORTH LOT LINES OF SAID LOTS AND TERMINI ON SAID LOTS SIDE LINES AS SHOWN BY EXHIBIT`A' ATTACHED HERETO. EXHIBIT A PUBLIC ALLEY EXISTING 10' _ WIDE PUE 5 5' FkIST 5, W/DF PVE 10, EXISTING 10' WIDE PUE 5' WIDE GEO-THER AL AND -T LECTRICAL EASE ENT LOT 18 LOT 19 LOT 20 LOT 21 LOT17 BAK R SUB IVISIO 2020-056 5 i LATIMER LANE EXHIBIT A A FIVE (5) WIDE STRIP OF LAND DEDICATED TO GEO-THERMAL AND ELECTRICAL FACILITIES LOCATED IN BAKER SUBDIVISION, CITY OF AMES, STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS: THE SOUTH FIVE (5) FEET OF THE NORTH FIFTEEN (15) FEET OF LOTS 18, 19,AND 20 IN BAKER SUBDIVISION, CITY OF AMES, IOWA. SAID EASEMENT RUNS PARALLEL WITH THE NORTH LOT LINES OF SAID LOTS AND TERMINI ON SAID LOTS SIDE LINES. 0 40 R:\2020-21 CDBG Improvements(Baker Subdivision)\Design