The URL can be used to link to this page

Home My WebLink AboutA005 - Easement or Water Main Right-of-Way Instrument No. 2023-04308 I 023 06/29/2023�10:49225 AM430 otal Pages, 4 ERSE EASEMENTS Recording Fee: s 22.00 Stacie Berridge, Recorder, Story County Iowa Retu rn to: ISU Research Park Attn: Kyle Martin 1805 Collaboration PI Ste 1250 Ames IA 50010 EASEMENT FOR WATER MAIN RIGHT-OF-WAY Recorder's Cover Sheet Preparer Information: Belin McCormick, P.C, David L, Ginger 666 Walnut Street, State 2000 Des Moines, Iowa 50309 4 (515) 2834668 i Return Document To: Preparer ' Grantor: Iowa State University Research Park Grantee: City of Ames, Iowa i Legal Description: See Page 2 Document or instrument number of previously recorded documents: N/A i i i i i l i 2023-04308 EASE 06/29/2023 10.49.25 AM Page 2 of 4 RWATER MA - AY 1 KNOW ALL PERSONS BY THESE PRESENTS: That Iowa State University Research Park(hereinafter referred to as "Grantor") in consideration of the sum of One Dollar ($1.00) to be paid by the City of Ames, Iowa, the receipt of which is hereby acknowledged by the Grantor, does hereby sell,grant, and convey unto the City of Ames, Iowa, a municipal corporation, (hereinafter called "City") a non-exclusive casement under, through, and across the following described real estate: A PART OF LOT 1, IOWA STATE UNIVERSITY RESEARCH PARK PHASE III, OFFICIAL PLAT CITY OF AMES, STORY COUNTY, FIFTH ADDITI ON, AN , IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT l; THENCE SOUTH 0032'45" EAST ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 349.75 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 90°00'00" EAST, 170.58 FEET; THENCE NORTH 0100'02" EAST, 18,46 FEET; THENCE SOUTH 90000'00" EAST, 15,00 FEET; THENCE SOUTH 0°00'02" EAST, 18,46 FEET; THENCE SOUTH 90000'00" EAST, 97.47 FEET; THENCE SOUTH 65°12'32" EAST 20.27 FEET; THENCE NORTH 90°00'00" EAST, 201.35 FEET; THENCE 5 SSOUTH4 000'00" EAST, 15,36 FEET; THENCE SOUTH 00 00 00 EAST, 148.17 FEET; THENCE NORTH 90°00'00" WEST, 20.00 FEET; THENCE NORTH 04 00'00„ EAST 139,03 FEET; THENCE NORTH 90°00'00" WEST, 200.49 FEET; THENCE 0 NORTH 65012'32" WEST, 20,27 FEET; THENCE NORTH 90 00 00 WEST, 274.58 THENCE NORTH 0°32'45" WEST; LOT 1 FE ET TO THE WEST LINE OF SAID ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 20,00 FEET TO THE POINT OF BEGINNING(the "Easement Area"). for the purposes of the City constructing, reconstructing, repairing, enlarging and maintaining a water main, together with necessary appurtenances thereto, under, through and across said Easement Area. This Easement shall be subject to the following terms and conditions: I Ereol an and Placement�tru-=e Obstructions. Plan }g Qratcrials Prohibited. 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. Chancre of Grade Prohibited,. 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 r I 2023-04308 EASE 06/29/2023 10.49:25 AM Page 3 of 4 transferees. 3. Nght of Access: 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 but not limited to, the right to remove any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on,through, across or within the Easement Area. 4, Propeft to-ho Mimi The City shall restore the Easement Area after exercising its rights hereunder, provided, however, that the City's duty of restoration shall be lim'sted to grading and replacing grass, sod or any other ground cover (but not including any structures, trees, or shrubs). The City shall not be responsible for any construction, reconstruction, replacement, repair or maintenance of any improvements located within the Easement Area. 5. Li lit Except as may be caused by the negligent acts or omissions of the City, its employees, 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. basement Benefit, This easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 7. EasementRurus Ath Lmd. This Easement shall be deemed perpetual and to run with the land an g d 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 same; that said premises are free and clear of all liens and encumbrances Ir 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. i (SIGNATURE FOLL0WSJ i 2023-04308 EASE 06/29/2023 10:49:25 AM Page 4 of 4 1 Signature Page—EASEMENT FOR WATER MAIN RIGHT-OF-WAY i GRANTOR, I Iowa State University Research Park i By: ick Sanders,President 3 Date: 4/7/23 STATE OF IOWA,COUNTY OF STORY,ss: On this r - day of ,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. / J Notary Public in and for the State of Iowa (4216573.1).doe a+ REBECCA M WILUAMS F Commisslon Number 835310 • M Comm1"'an Wlres ow Man Z