HomeMy WebLinkAboutA010 - Easement dated July 15, 1998 - North 30' and East 30' of Lot 4 INST. NO. 098GS Y
STORY COUNTY, IO FOR
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FILED FORR RECORDD p1� �
JUL 17 1998 PM
SUSAN L.VANDE KAMP,Recorder
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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, FORD STREET
DEVELOPMENT CO., 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 for use of surface water flowage or drainage and to construct, recon-
struct, cover over, clean up, operate, use, maintain and repair the systems described over, upon,
across and under the Easement Area. The Easement Area is described as "The North 30 feet
and the East 30 feet of Lot 4,Ames Community Development Park,First Addition to Ames,
Story County,Iowa".
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-
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.
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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 f�day of LI" , 1998.
GRANTOR:
FORD STREET DEVELOPMENT CO., L.C.
By
ARV WALTER, Manager
By
CHARD T. 6WHNSON, Manager
STATE OF IOWA, COUNTY OF STORY, SS:
On ✓�/ /S , 1998, before me the undersigned, a Notary Public in and for
said state, perso ally appeared MARVIN J. WALTER and RICHARD T. JOHNSON, to me
personally known, who, being by me duly sworn, did say that the persons are the Managers of
said LIMITED LIABILITY COMPANY executing the foregoing instrument; that NO SEAL
has been procured by the said limited liability company; that said instrument was signed on be-
half of said limited liability company by authority of its managers and the said MARVIN J.
WALTER and RICHARD T. JOHNSON acknowledged the execution of said instrument to be
the voluntary act and deed of said limited liabiliWcopany by it voluntarily executed.
Notary Public PIqV1
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