HomeMy WebLinkAboutA004 - Public Utility Easement Instrument No. 2023-04309 Instrument 0. 2023--04309
j 06/29/2023 10:W 25 All Total Pages; 4
EASE EASEMENTS
Recording Fee; S 22.00 Story County Iowa
Staeis Nsrridge, Recorder,
IA Fill CKMAIAR'll 11111
Return to;
ISU Research Park
Attn: Kyle Martin
1805 Collaboration PI Ste 1250
Ames IA 50010
pUBLIC L-MI'ITY FA.SEMEN'T
Recorder's Cover Sheet
Preparer Information: Belin McCormick, P,C,
David L. Ginger
666 Walnut Street, Suite 2000
Des Moines, Iowa 50309
(515)283-4668
Return Document To: Preparer
(seAntor: Iowa State University Research Park
Grantee: City of Ames, Iowa
Legal Description: See Page 2
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Document or imstrumeat Humber of previously recorded documents: N/A
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2023-04309 EASE 06/29/2023 10:49;25 AM Page 2 of 4
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PUBLIC UTILITY EASEMMNT
KNOW ALL PERSONS BY THESE PRESENTS:
That the undersigned, Iowa State University Research Park hereinafter referred to as
"Grantor", in consideration of the sum of one dollar($1.00), and other valuable consideration, in
hand paid by the City of Ames, Iowa, receipt of which is hereby acknowledged, does hereby sell,
rant id convey unto the City of Ames, Iowa, a municipal corporation, in the County of Story,
ac Y tY
g "City",State of Iowa, hereinafter referred to as "Grantee" or 'City , a non-exclusive easement under,
through and across the following described real estate:
TE VE
A PART OF LOT 1, IOWA STA UNI RSITY RESEARCH PARK PHASE
III FIFTH ADDITION, AN OFFICIAL PLAT, CITY OF AMES, STORY
COUNTY, IOWA DESCRIBED AS FOLLOWS:
CONMIENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE
SOUTH 0032'45" EAST ALONG THE WEST LINE OF SAID LOT 1, A
DISTANCE OF 329.77 FEET TO THE POINT OF BEGINNING, THENCE
NORTH 89027'15" EAST, 230.50 FEET; THENCE SOUTH 0132'45" EAST,
25.33 FEET; THENCE SOUTH 89°27'15" WEST, 10,00 FEET; THENCE
NORTH 0032'45" WEST, 15.33 FEET; THENCE SOUTH 89°27'15" WEST,
220.50 FEET TO THE WEST LINE OF SAID LOT 1; THENCE NORTH
0032'45" WEST ALONG SAID WEST LINE, 10.00 FEET TO THE POINT OF
BEGINNING(the"Easement Area').
That the above described easement is granted unto the City of Ames, Iowa for the purpose of
constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining public
utilities.
1. Erectipn AgJ 1!14cement of 5=cjures Plant' rial r
Grantor and its grantees, assigns and transferees shall not erect any fence or other structure
under, over, on, through, across or within the Easement Area without obtaining the prior
written consent of the City, nor shall Grantor cause or permit any obstruction, planting or
material to be placed under, over, on, through, across or within the Easement Area without
obtaining the prior written consent of the City.
2. Grantor and its grantees, assigns and transferees shall not
change the grade, elevation or contour of any part of the Easement Area without obtaining
the prior written consent of the City. The City shall have the right to restore any changes in
grade, elevation or contour without prior written consent of the Grantor, its grantees, assigns
or transferees.
3. , h of The City shall have the right of access to the Easement Area and have all
rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement
Area from property adjacent thereto as herein described, including
bt ot limited to, the
laced
right to remove any unauthorized fences, structures, obstruction, planting material P
or erected under, over,on, through, across or within the Easement Area.
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2023-04309 EASE 06/29/2023 10:49:25 AM Page 3 of 4
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o The City shall restore the Easement Area after exercising its rights
4. r c estRCt Y
limited to grading
hereunder, provided, however, that the Crty s duty of restoration shall begr g
p ures trees or
� clu in an structures, ,
r(but d
and replacing grass, sod or any other ground cove (b k g Y
shrubs), The City shall not be responsible for any construction, reconstruction, replacement,
repair or maintenance of any improvements located within the Easement Area,
S. L'a ' ' Except as may be caused by the negligent acts or omissions of the City, its
employees,s agents or its representatives, the City shall not be liable for injury or property
damage occurring in or to the Easement Area, the property abutting said Easement Area, nor
the property damage or any improvements or obstructions thereon resulting from the City's
exercise of this Easement, Grantor agrees to indemnify and hold City, its employees, agents
and representatives harmless against any loss, damage, injury or any claim or lawsuit for
loss, damage or injury arising out of or resulting from the negligent or intentional acts or
omissions of Grantor or its employees, agents or representatives.
6. Egslement Benefil, This easement shall be for the benefit of the City, its successors and
assigns, and its permittees and licensees.
7. 1✓ase[Dt Runs with L n$�i This Easement shall be deemed perpetual and to run with the
land and shall be binding on Grantor and on Grantor's heirs, successors and assigns.
That the Grantor does hereby covenant with the said Grantee, and successors-in-interest, that
said Grantor holds said real estate by title and fee simple; that it has good and lawful authority to
sell and convey the some; that said premises are free and clear of all liens and encumbrances
whatsoever, except as may be herein stated; that said Grantor covenants to warrant and defend
the said premises against the lawful claims of all persons whomsoever, except as may be herein
stated,
ISIGNATURE FOLL0"1
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Signature Page—PUBLIC UTILITY EASEMENT
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GRANTOR:
IOWA STATE UNIVERSITY RESEARCH PARK
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By ------�--_
iek Sanders,President
Date:
STATE OF IOWA,COUNTY OF STORY,ss:
a On this 744` day of I—Nw.. ,2023, before me, the undersigned, a Notary
Public in and for said County and State personally appeared Rick Sanders, to me personally
known, who being by me duly sworn, did say that he is the President of the Iowa State
University Research Park, executing the within and foregoing instrument and acknowledged that
he executed the same as his voluntary act and deed of Iowa State University Research Park, by it
and by him voluntarily executed.
Not Public in and for the State of Iowa
(4216544.1).doo
�, RBBECCA H iLUAMS
o y Commission Number 835310
My Commission Expires
ow