HomeMy WebLinkAboutA003 - Easement Grant for Utilities dated September 15, 2009 RETURN TO:
HWS
223 S WALNUT AVE STE D
AMES IA 50010 I Instruaent:2009- 00013193
n Date:Oct 27r2009 09:30:15A
D Rec Fee: 25.00 E-Goa Fee: 3.00
G Aud Fee: .00 Trans Tax: .00
R Rec Manasenent Fee: 1.00
Non-standard Page Fee: .00
Filed for record in Story County, Iowa
Susan L. Vande Kano, County Recorder
Space above for recording data
By: Craig R. Hastings,Aft' at Law,409 Duff PO Box 1794 Ames IA 50010 515 232-2501
Return to:Craig R. Hastings,AtVy at Law,409 Duff,PO Box 1794,Ames,IA 50010
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that PINNACLE PROPERTIES
AMES, L.L.C. LARRY DEE QUISENBERRY and SHARRON SUE QUISENBERRY,
Husband and Wife, and LEE MASON and RACHEL MASON, Husband and Wife (the
Owners), do hereby grant the CITY OF AMES, IOWA, the perpetual right to the
following described easements.
A. GENERAL UTILITY EASEMENT. The Owners grant to the City of Ames, Iowa, the
right to construct, reconstruct, maintain and use its public utility lines, consisting of
poles, wires, overhead or underground cables, fixtures, anchors and other similar
equipment, or any part thereof, upon, underground, over or across the following
described real estate, all within The Estates of Nature's Crossing Subdivision, Ames,
Iowa:
Parcel Easement Area
K North 5 and East 5 feet
L West 5 feet and South 5 feet of that portion.of Lot 2 that
abuts Lot 1
The Owners further grant to the City of Ames, Iowa, the right to permit other
utility companies to construct and, in the same manner, maintain its utility facilities,
jointly or severally upon, underground, over or across the real estate as described
above.
B. PUBLIC ACCESS EASEMENT. The Owners grant to the City of Ames, Iowa, the
right to public access across the following described real estate, all within The Estates
of Nature's Crossing Subdivision, Ames, Iowa:
Easement Grant p 2
Parcel Easement Area
K East 8 feet and East 42 feet of North 8 feet
C. GENERAL CONDITIONS. All such easements are granted according to the following
terms and conditions.
1. The Owners, their successors and assigns, shall not
a. erect any structures over or within the easement area without
obtaining the prior written approval of the City Engineer.
b. erect or cause to be placed on the easement area any structure,
material, device, thing or matter which could possibly obstruct or impede the normal
flow of surface water over the easement area without obtaining the prior written
approval of the City Engineer.
C. change grade, elevation or contour of any part of the easement
area without obtaining the prior written approval of the City Engineer.
2. The City of Ames, its assigns and licensees, shall install and maintain
construct, reconstruct, maintain and use its electric lines, consisting of poles, wires,
overhead or underground cables, fixtures, anchors and other similar equipment within
the said easement area described above in a safe and prudent manner. It shall also
restore the Easement areas in a good and workmanlike manner, including but not
limited to restoration of lawns by sodding or seeding, and restoration of driveways
damaged by the City as nearly as possible to original condition.
D. RIGHTS OF CITY. The City of Ames shall have the right of access to the easement
areas granted in this Easement Grant together with rights of ingress and egress
reasonably necessary for the use and enjoyment of the easement area for the purposes
described, including, but not limited to,
1. the right to remove any unauthorized obstructions or structures placed or
erected on the easement area and the right, and
2. the right to improve, repair and maintain the easement area.
3. the right to enforce through appropriate legal action any of the obligations
assumed by the owners of the lots in the subdivision under this Easement Grant.
E. LIABILITY. The foregoing rights are granted upon the express condition that the
users of the granted rights will assume liability for all damage to the described real
estate and adjoining real estate caused by failure to use due care in the exercise of the
granted rights, and will indemnify and hold the Grantors harmless of any liability by the
use of the easement rights granted.
r '
Easement Grant p. 3
Dated this ti5 day of s� -fE-- �- , 2009.
Pinnacle Propertie Am7stt.
By -4 ►
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on 5tV�e-mbno' 1 (, ,2009 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C..
Print name here:
Notary Public in and for said State4nd County
10N�E LIMMKi
Easement Grant q 4
41.ki'-" /t
glu-
LARRY'ftE QUISENBERRY SHA ON SUE QU SENB RRY
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on ✓ 15 ,2009 by LARRY DEE
QUISENBERRY and SHARRON SUE QUISENBERRY.
lJoarl"f L
Print name here:
Notary Public in and for said State and County
LAURIE ENGLEEN
oor ato 731�0
Easement Grant p 5
EE MASON RAC EL MASON
STATE OF "dL , COUNTY OF `l tCLT'L�Lt�D )
This.instrument was acknowledged before me on 2009 by LEE
MASON and RACHEL MASON
Q,z�o_h Q.
Print name here:
Notary Public in and for said State and County
OEBORAH ANN SAMMONS
Notary Public
STATE OF TEXAS
Comm.Exp.-Nov,16,2011