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HomeMy WebLinkAboutA002 - Electric Facilities Easement Instrument No. 2023-01834 I Instrument h: 2323-01834 03/31/2023 10:44:23 AM Total pages. 3 EASE EASEMENTS Recording Fee: 17.00 Stacie Werridge, ecorder , Story County Iowa ®III Fi'l Ai110 M,11,��� I�iWiLW,I l'iMR"11 II II i I i i Prepared by/return to: 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: i That(I/we),Duff Development, L.L.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 i 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 10.00 FOOT WIDE EASEMENT OVER,UNDER,AND ACROSS LOT 3,DANIELS SUBDIVISION SECOND ADDITION,AN OFFICIAL PLAT,AMES,STORY COUNTY,IOWA,IS DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 3,THENCE S89°16'18"E ALONG THE NORTH LINE OF SAID LOT 3,A DISTANCE OF 100.67 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING S89°16'18"E ALONG THE NORTH LINE OF SAID LOT 3,A DISTANCE OF 10.00 FEET;THENCE S00°50'30"W,A DISTANCE OF 45.40 FEET;THENCE N89116'17"W, A DISTANCE OF 10.00 FEET;THENCE N00°50'30"E,A DISTANCE OF 45.40 FEET TO THE POINT OF BEGINNING. (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—West Des Moines Iowa this 13 day of_februa 2023, city State Signature Page Follows , I i 1 1 Signature Page-Electric Easement Duff Development,L.L.C. By: Ro d L.Daniels ,its Manager State of Iowa ,County of Polk : SS This record acknowledged before me on_February 13 ,2023 by Ronald L Daniels as _Manager of Duff Development, L.L.C. Notary Publi f� W WENDY S MCKINNEYCommission Number 723575 My Commission Expires July 22, 2024