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HomeMy WebLinkAboutA004 - Public Utility Easement Instrument No. 2024-01444 Instrument p: 2024-01444 03/12/2024 09:42:31 AM Total Pages: 3 EASE EASEMENTS y Recording Fee; S 17 00 Stacie Nerridge, Recorder, Story County Iowa mill Vol 1011JA WX110141w, hid M110111111 y� M g m SPACE ABOVE RESERVED FOR OFFICIAL USE Return document to:Ames City Cleric,PO Bwc 811,Ames,IA 50010 Document prepared by:Eric J.Eide,Attomey at Law,14 16 Buckeye Ave.Ste.200,Ames 1A 500 i 0;(S l5)456-3990 PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT that Ames Fitness Center, Inc. Grantor does hereby ant and convey to the CITY OF AMES IOWA the perpetual right to ( ) Y�' Y P� � the following described easement: A. Public Utility Easement. Grantor grants to the City of Ames, Iowa the right to construct, reconstruct,maintain and use a sanitary sewer line, and related equipment,upon, underground, over, and across the real estate described in Exhibit A(the"Easement Area"), all within Iowa State University Research Park Phase 111, Sixth Addition Subdivision, Ames, Iowa. B. Other Companies' Rights. Grantor further ants to the City of Ames Iowa the light to p � �' tY � permit other utility companies to construct and, in the same manner, maintain utility facilities,jointly or severally upon, underground, over or across the Easement Area. C. General Terms and Conditions. Grantor, its successors and assigns, shall: 1, not erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer. 2. not change grade, elevation or contour of any part of the Easement Area without obtaining prior written approval of the City Engineer. 3. be responsible for all maintenance of an service line located in the Easement Area, Im Y including restoration of the surface of the Easement Area. D. Access.The City of Ames shall have the right of access to the Easement Area granted in this Public Utility Easement together with rights of ingress and egress reasonably necessary to the use and enjoyment of the Easement Area for the purposes described, including,but not limited to: i i j 2024-01444 EASE 03/12/2024 09:42:31 AM Page 2 of 3 ,f w 1, the rights to remove any unauthorized obstructions or structures placed or erected on the Easement Area, and 2. the right to improve,repair and maintain the Easement Area. E. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and Grantor's adjoining real estate caused by failure to use due care in the exercise of the granted rights. i F. The terms and conditions of this Public Utility Easement are binding upon the Grantor, including,but not limited to, future owners, developers, leases or occupants. All I provisions of this instrument including benefits and burdens run with the land and are binding upon and inure to the heirs, assigns, successors, tenants and personal representatives of the parties hereto. Dated this - day of January, 2024 i ' OWNER Ames Fitness , In . By: ' Tom Durkin, Vice President i STATE OF IOWA, STORY COUNTY This record was acknowledged before me on January , 2024 by Tom Durkin, Vice President of Ames Fitness Center, Inc. E ERIC J. FjDE All ���►�S�b99 Notary Public .77 on ry 25,202� 6 3 2024-01444 EASE 03/12/2024 09:42: � 31 AM Page 3 of 3 k � w Exhibit "A„ SANITARY SEWER EASEMENT The northeasterly 8 feet of the northerly 130.25 feet of Lot 1, Iowa State University Research Park, Phase III, First Addition,Ames, Story County, Iowa, k t f i 1 k i t i f f i i i i i