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HomeMy WebLinkAboutA003 - Easement Grant Y I Instrument:2014- 00010065 M Date:Wov lOY2D14 10:37:1Com Fee: 1•�)�) D Rec Fee: .DO G Aud Fee: .00 Trans Tax: R Rec Management Fee: 1.00 Won-Standard Page Fee: •DD Filed for record in Story Countyl Iowa Susan L. Vande Kampy county Recorder Space above for recording data Pre ared B : Timothy L. Gartin, Aft'y at Law, 409 Duff, Ames, IA 50010 515-232-2501 _77d Return Document TO: Timothy L. Gartin, Att'y at Law, 409 Duff, Ames, IA 50010 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that First National Bank, Ames, Iowa, does hereby grant the City of Ames, Iowa, the perpetual right to the following described easements. A. GENERAL UTILITY EASEMENT. First National Bank, Ames, Iowa, grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its electric 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 Parcel "A" as shown on the "Plat of Survey" filed in the Office of the Recorder of Story County, on No , Ila , 2014 and recorded as Inst. No. 14- 1 001p:�E , Slide 49�' , Page Easement Area East 10 feet. First National Bank, Ames, Iowa, further grants 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. Traffic SIGNAL POLE EASEMENT. First National Bank, Ames, Iowa, grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use a traffic signal pole and other similar equipment, upon, underground, over or across the following described real estate, all within Parcel "A" as shown on the "Plat of Survey" filed in the Office of the Recorder of Story County, onNOV 10 , 2014 and recorded as Inst. No. 14- Slide , Page : R Easement Grant p 2 Easement Area The West 7 feet of the North 15 feet. C. GENERAL CONDITIONS. All such easements are granted according to the following terms and conditions. 1. First National Bank, Ames, Iowa, its 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 First Nationa ank, Ames, Iowa by Ku ensen, Senior Vice President Date STATE OF IOWA, COUNTY OF STORY ) SS. This record was acknowledged before me on 0A)bi—ir JU , 2014 by Kurt Jensen as Senior Vice President of First National Bank, Ames, Iowa. Notary Public in and for said �ateand County My commission expires: At Lao, C;b ac-�l-7 R p WINra `' CMmya�n Numtw 778"5 uu017re