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HomeMy WebLinkAboutA012 - Easement for electricity, general utilities, storm sewer system, surface water flowage or drainage M K• ABOVESPACE 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 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 Ames Community Development Park Second Addition, Ames, Story County, 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 storm sewer system: The real property shown on Schedule "B" attached hereto and by this reference made a part hereof. For use of surface water flowage or drainage: The real property shown on Schedule "C" 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- 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. fors.062 -2 - 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 day of , 1998. GRANTOR: FORD STREET DEVELOPMENT CO.. L.C. By MARVIN J. WALTER, Manager By RICHARD T. JOHNSON, Manager STATE OF IOWA, COUNTY OF STORY, SS: On , 1998, before me the undersigned, a Notary Public in and for said state, personally 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 liability company by it voluntarily executed. Notary Public - 3 - Schedule "A" General Utility Easement Lot 1: The North 30 feet and the South 10 feet Lot 2: The North 10 feet and the East 10 feet Lot 3: The North 10 feet and the East 10 feet Lot 4: The East 10 feet Lot 5: The West 10 feet and the Northerly 10 feet fronting on SE 5th Street Lot 6: The Southwest 10 feet on SE 5th Street all in Ames Community Development Park, Second Addition,Ames, Story County, Iowa. Schedule "B" Storm Sewer Easement Lot 5: The North 20 feet of the East 392.56 feet and the North 190.0 feet of the East 30 feet Lot 6: The South 20 feet all in Ames Community Development Park, Second Addition,Ames, Story County, Iowa. Schedule "C" Surface Drainage Easement Lot 1: The North 30 feet Lot 2: The East 20 feet Lot 3: The West 20 feet Lot 4: The West 20 feet and the South 20 feet of the West 100 feet Lot 5: The North 20 feet of the East 392.56 feet and the North 190.0 feet of the East 30 feet Lot 6: The South 20 feet all in Ames Community Development Park, Second Addition,Ames, Story County,Iowa.