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HomeMy WebLinkAbout~Master - Electric Facilities - Aspen Ridge Homeowners Ass'n. - Outlot B, Grand Aspen Sub. RETURN TO: CITY CLERK'S OFFICE Insl:rulent: 200500004769 BOX 811 M Date: 09-03-2M Tine: 011.17:00 ps. AMES IA 50010-0811 D Rec Fee: 11.00 E-Con Fee: 1.00 Aud Fee: .00 Trans Tax: .00 G Filed for Record in STORY COUNTY JOW (MV) 'O ' SWAN L. VANDE KANP9COWTY RECORDER Prepared by: City of Ames Electric Engineering Division 515-239-5174 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That, the Aspen Ridge Homeowners Association, its successors and assigns, does hereby grant, bargain and convey to the City of Ames, Iowa, a municipal corporation, a perpetual right of way and easement, with the right,privilege and authority to said municipal corporation, its successors, licensees, assigns and lessees, to locate,relocate, replace, construct,reconstruct,repair,operate,maintain, patrol and/or remove an underground line or lines of poles plus all relevant wires and fixtures, for the purpose of transmitting and/or distributing electric and telecommunications in, on, through, over, under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: See attached plat marked Exhibit A and made a part hereof. together with(a)the right,privilege and authority to trim,cut and remove from said premises any trees,overhanging branches or other obstructions within a radius of 10(ten) feet from said line or lines of poles, wires and fixtures, as located, (b) the right of ingress and egress to, from and over the above-described premises for doing anything necessary or useful for the enjoyment of the easement herein granted,and(c)all other rights,easements,privileges and appurtenances, in or to said lands,which may be required for the full enjoyment of the rights herein granted,together with the right to assign or grant partially or wholly to others the right or license to use the easement herein granted or any part thereof for the uses and with the rights herein specified. Grantor warrants that they has good title to the above described premises and that there are no encumbrances which will limit or interfere with the rights granted herein to Grantee. The Grantor,their tenants,heirs,successors and assigns shall have the right to use and enjoy said premises fully,except for the rights and privileges hereinbefore granted to the Grantee;provided however,that no buildings,structures or improvements either permanent or temporary in nature,nor shall the terrain be altered without prior written consent of Grantee,nor shall any other utilities be placed in,on,through,over or across the easement without Grantee's prior written consent;that the use of said premises shall at all times be subject to such acts and uses by Grantee as may be necessary for the purposes herein set forth. The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability for all damages to the above described property caused by the City's failure to use due care in its exercise of the rights,privileges and authorities granted. Dated at Ames,Iowa, is 22nd day of September,2004. Scott E.Randall ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF IOWA COUNTY OF STORY INDIVIDUAL CORPORATE On this 22'd day of September, A.D. 2004 before me, the Title(s)of Corporate Officer(s): undersigned, a Notary Public in and for said State, personally appeared Scott E. Randall Corporate Seal is affixed No Corporate Seal procured to me personally known PARTNER(s): Limited Partnership or proved to me on the basis of satisfactory evidence General Partnership Attorney-In-Fact to be the person(s) whose name(s) is/are subscribed to the Executor(s)or Trustee(s) within instrument and acknowledged to me that he/she/they Guardian(s)or Conservator(s) executed the same in his/her/their authorized capacity(ies), Other: and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, executed the instrument. 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