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Home My WebLink AboutA007 - Easement dated September 19, 2023 Instrument N: 2023-07708 10/30/2023 12 22 43 PM Total Pages 5 EASE EASEMENTS Recording Fee 27 00 Stage Herrldge, lecorder , Story County Iowa mill r� �,Y�MS1',l :�l �WLKIfiC*i ii ii i o� �M n u � Retum document tmFranklin J Feilmeyer,PO Box 847,Ames,IA 50010 1 P•515232.1761 1 E:FJFCan pointlawfinn.com Prnpac+ed by.Franklin J Feilmeyer,PO Box 847,Ames,lA 50010 1 P:515232.1761 1 E:FJFCanewpointlawhnn.com Easement Know All Persons: Grantor Ansley Land, LLC, and Burgason Enterprises, L.L.C., for valuable consideration, hereby grant unto Grantee. City of Ames,Iowa, and hereby dedicates to the public and public use, upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Fasenierit Area for the uses set forth hereinafter, respectively The Easement Area includes rights in, over, upon, across,and under the described lands. Additionally, Grantee shall have a perpetual right of ingress and egress be- tween said Easement Area from adjacent public rights-of-way.The Fasement Area uses and the legal descriptions, respectively, are shown on the final plat drawing of Anley Subdivision, First Addi- tion,Ames, Story County, Iowa, and described as follows- For the use of common public utility distribution systems including water, sani- tary sewer, electricity, natural gas, data or telecommunications, and such other general utilities as may be distributed under franchise of the City of Ames, Iowa, The real property shown on Schedule A attached hereto and by this ref- erence made a part hereof. For the use of a sanitary sewer system- The real property shown on Schedule B attached hereto and by this refer- ence made a part hereof. For the use of surface or storm water detention, flowage,drainage,and sewer. The real property shown on Schedule C attached hereto and by this refer- ence made a part hereof For the use of pedestrians: The real property shown on Schedule D attached hereto and by this ref- erence made a part hereof Fsi202VOIGIM31 NE► JOINT L • W F 4 R M 2023-07708 EASE 1 0/30/2023 1 2:22:43 PM Page 2 of 5 Easement P a g c 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 or improvements described The foregoing rights are granted by the Granter and shall be accepted and exercised by the Grantee,if at all,subject to the following terms and conditions- Obstructions Prohibited.Grantor,as the fee simple owner of the underlying real property,and Grantor's successors and assigns, shall not erect or place within the Ea.senrent Area any building or other structure or improvement or any trees,shrubs,or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee.Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a permitted improvement of Grantee located within the Easement Area 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 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 Grarftee. 4 Title Warranty.Grantor warrants to Grantee that Grantor holds the Easement Area by title in fee simple; that the Grantor 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 encumbrances. 5 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 instrument 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. (Signatures follow on next page I "F I M230101WO31 NE10dOINT L A W F I N M 2023-07708 EASE 1 0/30/2023 1 2:22:43 PM Page 3 of 5 Easement P o g v 1 3 In Witness of this Consent and Dedication, Proprietor, by and through its duly author- ized and acting managers, executes this record. Dated September A l_ 2023. ANSLEY LAND, LLC Steven W. Burgason, Manager Anne F. Burgason, Manager STATE OF IOWA,COUNTY OF STORY, SS.: Steven W Burgason and Anne F.Burgason each acknowledged this record before me on September 2023, as managers of Ansley Land, LLC. .3' MW STAMP o1 Nomw our sew ,+' NOTARtAI SEAL STATE OF tpWA Franklin J Feilmeyer Commission No. 161311 4N4..YPUBfIC my commission Expires on the 161h doy of July 20 2ya "`i 2023H1910H31 NENA COI NT L A W i I R M 2023-07708 EASE 1 0/30/2023 1 2:22:43 PM Page 4 of 5 Easement 1' 1 4 In Witness of this Consent and Dedication, Proprietor, by and through its duly authorized and acting manager,executes this record, BURGASON ENTERPRISES, L.L.C. Dated September 4 2023 By, 3-Uv W Steven W. Burgason, Manager STATE OF IOWA,COUNTY OF STORY, SS.: Steven W. Burgason acknowledged this record before me on September 2023,as manager of Burgason Enterprises, L.L.C. t' Mw STAMP of kWW Office►Now 'r NOTARIAL SEAL-STATE Of IOWA Franklin J Fellmeyer Commisslon No 161389 N TARY PUBLI My Commission Expires on lice 161h day of July 20 F"1202]NIOIW9" N EA+?0 1 NT L A W F I R M 2023-07708 EASE 1 0/30/2023 1 2:22:43 PM Page 5 of 5 Easement P a g c 15 Schedule A -Public Utilities Easements All of Outlot 'A', Outlot 'B', Outlot 'C', Outlot 'D', Outlot 'E', Outlot 'F'; ALI. IN, Ansley Subdivi- sion, First Addition, Ames,Story County, Iowa Schedule B -Sanitary Sewer Easement A part of Outlot'YY,' Ansley Subdivision, First Addition,Ames,Story County, Iowa, described as- Commencing at the southeast corner of Lot 11, Village Park Subdivision, Second Addition;thence N89016'14"E, 24.19 feet along the south line of said Village Park Subdivision, Second Addition to the point of beginning; thence continuing N89°16'14"E, 20.03 feet along said south line; thence S02012'29"W, 20.36 feet; thence S00°08'16"E, 145.19 feet, thence 508°02'02"W, 120.01 feet; thence S23005'20"W, 84.52 feet; thence 546°42'26"W, 112.56 feet; thence S71°48'14"W, 156.23 feet; thence S65051'25"W, 196.10 feet; thence S84052'39"W,231 57 feet; thence S74043'00"W, 23296 feet, thence N09°46'14"W, 147.34 feet; thence N22°40'12"W, 75.07 feet; thence N64°58'30"E, 20.02 feet; thence S22040'12"E, 78 15 feet; thence S09'46'I4"E, 127.57 feet; thence N74°43'00"E, 212 71 feet; thence N84052'39"E, 230.00 feet; thence N65°51'25"E, 193.79 feet; thence N71°48'14"E, 152 82 feet; thence N46042'26"E, 103.93 feet, thence N23005'20"E, 77.69 feet; thence N08002'02"E, 115.94 feet, thence N00008'16"W, 144.17 feet; thence NO2'12'29"E, 19.75 feet to the point of beginning. The foregoing follows the approximate route of a future street right-of-way. In the event that a public right-of-way that includes any part of the foregoing area shall be dedicated or otherwise conveyed to the City of Ames, Iowa,such easement area shall be merged into the fee simple title of the City of Ames, Iowa. Schedule C- Storm Water Flowage and Storm Sewer Easement All of Outlot 'A', Outlot 'B', Outlot 'C', Outlot 'D', Outlot 'E', Outlot 'F'; ALL IN, Ansley Subdivi- sion, First Addition, Ames, Story County, Iowa. Schedule D-Pedestrian Easements All of Outlot 'A', Outlot '13', Outlot 'C', Outlot 'D', Outlot 'E', Outlot 'F', ALI. IN, Ansley Subdivi- sion, First Addition,Ames, Story County, Iowa. F JF,2023019100931 NEM)OI NT L A W F I R M