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Home My WebLink AboutA006 - Public Sanitary Sewer Easement Instrument No. 2023-04307 Instrument 0: 2023-04307 06/29/2023 10:49;25 AM Total Pages: 4 EASE EASEMENTS Recording Fee: 22.00 Story County Iowa Stacia Nerridge, ecorder , mill K N W11lr:11MY 1W 1wh 11111 I � l i P1J'BI.IC SANffARY SEWER]EASEMENT ]recorder's Cover Sheet Preparer Information: Bolin McContnick, P,C, David L. Cringer 666 Walnut Street, Suite 2000 Iles Moines, Iowa 50309 (5I5)283-4668 ' 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 Return to: ISU Research Park Attn: Kyle Martin 1805 Collaboration PI Ste 1250 Ames IA 50010 2023-04307 EASE 06/29/2023 10.49.25 AM Page 2 of 4 PUBLIC;SANITARY SEWER EASEMENT 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, grant and convey unto the City of Ames, Iowa, a municipal corporation, in the County of Story, State of Iowa (hereinafter referred to as "Grantee" or "City"), a non-exclusive easement under, through, and across the following described real estate: A PART OF OUTLOT Z, IOWA STATE UNIVERSITY RESEARCH PARK PHASE III, FIFTH ADDITION, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: COMNMNCING AT THE SOUTHWEST CORNER OF SAID OUTLOT Z; THENCE NORTH 89°58'49" EAST ALONG THE SOUTH LINE OF SAID OUTLOT Z, 581.62 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31030'53" EAST, 294,02 FEET; THENCE NORTH 10°38'09" EAST, 379.09 FEET TO A WESTERLY CORNER OF SAID OUTLOT Z; THENCE NORTH 0 37 48 WEST ALONG THE WEST LINE OF SAID OUTLOT Z, 321.99 FEET; THENCE NORTH 71°47'59" EAST, 413.57 FEET TO A NORTHERLY CORNER OF SAID OUTLOT Z; TIIENCE NORTH 62°28'48" EAST, 373,74 FEET; THENCE NORTH 62°25'27" EAST, 311.09 FEET TO THE NORTHERLY LINE OF SAID OUTLOT Z; THENCE SOUTH 33158'01" EAST ALONG SAID NORTHERLY LINE, 40.25 FEET; THENCE SOUTH 62°25'27" WEST, 315.60 FEET; THENCE SOUTH 62128'48" WEST, 377.00 FEET; THENCE SOUTH 71147'59" WEST, 387.54 FEET; THENCE SOUTH 0037'48" EAST, 296.65 FEET; THENCE SOUTH 10°38'09" WEST, 390.40 FEET; THENCE SOUTH 31°30'53" WEST, 276,94 FEET TO THE SOUTH LINE OF SAID OUTLOT Z; THENCE SOUTH 89°58'49" WEST, 46.93 FEET TO THE POINT OF BEGINNING(the"Easement Area"). That the above described easement is limited to the Easement Area and granted unto the City for the purpose of constructing, reconstructing, repairing, replacing, inspecting, enlarging and maintaining public sanitary sewer improvements subject to the following: 1, Erection and—Placmentf Structures. c ions. Pigntirijas or Matprials. Grantor, its successors and assigns, shall not erect any buildings, 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. Maintenance of Easemen_> AAm The owner or occupant of any property within the Easement Area shall keep and preserve that portion of the Easement Area within said -2- i I i t i 2023-04307 EASE 06/29/2023 10:49:25 AM Page 3 of 4 I � f owner's or occupant's property in good repair and condition at all times, and shall remove all dead trees, shrubs, brush, trash or other obstacles which might obstruct or impede the easement. i 3. Pr ' Red, Grantor, its successors and assigns 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 in which the written consent was not obtained without any notice to or consent of the Grantor, its successors or assigns. 4. IU&of t�cs�. 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, including, but not limited to, the right to remove any unauthorized fences, structures, obstructions, plantings or materials placed or erected under, over, on, through, across or within the Easement Area. 5. PrQpe to_be Re t . Upon completion of any construction, reconstruction, rty repair, enlargement or maintenance of any improvements in any portion of the Easement Area or access thereto by the City, the City shall restore the Easement Area or those areas used for access in good and workmanlike manner to a condition comparable to its condition before construction, reconstruction or alteration. 6. Eg9went--Runs with . This easement shall be perpetual, permanent, run with the land and be binding on Grantor and on Grantor's successors and assigns. 7. Lia ili 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 for property damage to 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, claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent or Intentional acts or omissions of Grantor or assigns or representatives.employees, a ents The Grantor does hereby covenant with the City, and successors in interest, that said Grantor holds this Easement Area by title in fee simple; that Grantor has good and lawful authority to sell and convey the same; and that said Grantor covenants to warrant and defend said premises against the lawful claims of all persons whomsoever, except as may be herein stated. [SIGNATURE FOLLOWS) -3 . 2023-04307 EASE 06/29/2023 10-149:25 AM Page 4 of 4 , I Signature Page—PUBLIC SANITARY SEWER EASEMENT GRANTOR: 1 { Iowa State University Research Park j I i By: Kick Sanders,President Date, f7AZ3 i STATE OF IOWA,COUNTY OF STORY, ss: On this day of wte. ,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. Notary Public in and for the State of Iowa (4216555.1).doc i REBECCA H WILLIAMS Commission Number 835310 My Commission Expires i i i -4-