The URL can be used to link to this page

Home My WebLink AboutA003 - Easement dated July 13, 1998 INST.NO.9 9 - 0 0 7 3 1 STORY COUNTY, IOWA D FILED FOR RECORD AV JAN 18 1999 PM SUSAN L.VANDE KAMP,Recadar S IfIMOR WG FEE$ 1 to• CD FEE� �.� TO: AUDfTnR's SPACE ABOVE FOR RECORDER INSTRUMENT PREPARED BY: David W. Benson,P.O.Box 270,Ames IA 50010(Tel:515-239-5000) EASEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, AIRPORT ROAD DEVELOPERS, L.C., an Iowa Limited Liability Company, hereinafter referred to as the GRANTOR, for good and valuable consideration, does hereby grant unto the City of Ames, Iowa, a municipal corporation, its successors and assigns, hereinafter referred to as the GRANTEE, upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as the Easement Area to construct, reconstruct, cover over, clean up, oper- ate, use, maintain and repair the systems described for uses set forth hereinafter over, upon, across and under the Easement Area. The Easement Area is shown on the final plat drawing of Airport Road Subdivision,Ames, Story CountX,Iowa and described as follows: For use in distributing electricity and such other general utilities as may be distributed under franchise of the City of Ames, Iowa: The real property shown on Sched- ule "A" attached hereto and by this reference made a part hereof. For use of a sanitary sewer system: The real property shown on Schedule "B" at- tached hereto and by this reference made a part hereof. For use of a water main: The real property shown on Schedule "C" attached hereto and by this reference made a part hereof. For use of surface water flowage or drainage: The real property shown on Schedule "D" attached hereto and by this reference made a part hereof. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee subject to the following terms and conditions: 1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the un- derlying real estate, and the Grantor's successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other land- scape plantings other than grass or comparable ground cover except with the prior written con- sent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to prevent damage to a utility service line of the Grantee located within the Easement Area. 2. SEEDING. Immediately following construction, reconstruction or repair work by the Grantee within the Easement Area, weather and season permitting, ground area with previ- airr.015 - 2 - ously existing grass cover that is disturbed by such work shall be planted with grass seed in ac- cordance 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 the 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 Grantee. 4. TITLE WARRANTY. The Grantor warrants to the Grantee that the 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 con- strued 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. Dated this /3 day of v` 1998. GRANTOR: AIRPORT ROAD DEVELOPERS,L.C. By RV . WALTER, Manager STATE WA, COUNTY OF STORY, SS: OWN On��l 13 , 1998, before me the undersigned, a Notary Public in and for said state, persona y appeared MARVIN J. WALTER to me personally known, who, being by me duly sworn, did say that the person is a Managers of said LIMITED LIABILITY COM- PANY executing the foregoing instrument; that NO SEAL has been procured by the said limited liability company; that said instrument was signed on behalf of said limited liability company by authority of its manager and the said MARVIN J. WALTER acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Notary Public [77:1,j DMIDW.BE" L) L 99 - 00 73 1 (z) - 3 - Schedule "A" General Utility Easement Lot 1: The North 10 feet;the East 10 feet; and the South 10 feet Lot 2: The North 10 feet;the East 5 feet; and the South 10 feet Lot 3: The North 10 feet;the West 5 feet; and the South 10 feet Lot 4: The North 10 feet;the East 10 feet; and the South 10 feet Lot 5: The North 10 feet; and the South 10 feet Lot 6: The North 10 feet;the South 10 feet; and the South 214.78 feet of the East 10 feet Lot 7: The North 10 feet;the West 5 feet; and the South 10 feet Outlot X: The East 5 feet all in Airport Road Subdivision, Ames, Story County, Iowa. Schedule "B" Sanitary Sewer Easement Lot 4: The East 20 feet all in Airport Road Subdivision,Ames, Story County, Iowa. Schedule "C" Water Main Easement Lot 2: The West 20 feet of the East 25 feet Lot 4: The East 20 feet all in Airport Road Subdivision, Ames, Story County, Iowa. Schedule "D" Surface Drainage Easement Lot 6: The South 25 feet Lot 7: The West 12.5 feet; and the South 25 feet Outlot X: The East 12.5 feet; and the West 12.5 feet of the East 25 feet of the North 274.97 feet all in .Airport Road Subdivision, Ames, Story County, Iowa. 99 - 00 73 1 ( 3)