HomeMy WebLinkAboutA005 - Easement Grant dated December 17, 1999 INST.NO. 00,- 02357
STORY COUNTY, IOWA
FILED FOR RECORD �14
,0 MAR 0 7 2000 PM
nn
a SUSAN L.VANMb Recorder l U
RECORDING FEE$
AWIVORS FEE$
Prepared by: Donald R. Payer, 535 Main, Ames, IA; telephone: 515-232-4115
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Frank Schill and Sons, Inc.,
does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following
described easements:
A. General Utility Easement. Frank Schill and Sons, Inc., grant 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 Country Gables Tenth Addition, Ames, Iowa:
Lot No. Address _Easement Area: All Country Gables
Tenth Addition to Ames Iowa
1 513 Crystal Street East 10' and South 10' and North 5.0'
or 328 Topaz Court
2 322 Topaz Court North 5' and South 10'
3 316 Topaz Court North 5' and South 10'
4 310 Topaz Court North 5' and South 10'
5 304 Topaz Court East 5' and West 10'
6 305 Topaz Court East 5' and West 10'
7 311 Topaz Court South 5' and North 10'
8 317 Topaz Court South 5' and North 10'
9 323 Topaz Court South 5' and North 10'
10 329 Topaz Court South 5' and North 10'
11 335 Topaz Court South 5' and North 10' and Southeast 10'
Frank Schill and Sons, Inc., 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. Storm Sewer and Surface Drainage Easement. Frank Schill and Sons, Inc.,
further grant to the City of Ames, Iowa, the right to use the following described real estate
as part of its storm sewer and surface drainage system over, under and across.
2
Lot No. Easement Area: All Country Gables
Tenth Addition to Ames, Iowa
1 South 20'
2 South 20'
3 South 20'
all within Country Gables Tenth Addition, Ames, Iowa, according to the following terms
and conditions:
C. General Terms and Conditions. Frank Schill and Sons, Inc., its successors and
assigns, shall not:
1. Erect any structures over or within the easement area without obtaining the
prior written approval of the City Engineer.
2. 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.
3. Change grade, elevation or contour of any part of the easement area without
obtaining the prior written approval of the City Engineer.
D. 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 to
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
2. The right to improve, repair and maintain the easement area.
E. The foregoing rights are granted upon the express condition that users of the
granted rights will assume liability of all damage to the hereinbefore described real estate
and adjoining real estate caused by failure to use due care in the exercise of the granted
rights.
Dated this 10 day of December, 1999.
FRANK SCHILL AND SONS, INC.
By
Frank A. Schill, President
n n 023
5 7 C�1
f
3
By �.
Ja E. Schill, Secretary
STATE OF IOWA )
) ss.
COUNTY OF STORY )
On this ! " day of before me, the undersigned, a
9
Notary Public in and for the State of Iowa, personally appeared FRANK A. SCHILL and
JANE E. SCHILL, to me personally known, who, being by me duly sworn, did say that
they are the President and Secretary, respectively, of said corporation executing the
within and foregoing instrument and that no seal has been procured by the said
corporation; that said instrument was signed on behalf of said corporation by authority of
its Board of Directors; and that the said FRANK A. SCHILL and JANE E. SCHILL as such
officers acknowledged the execution of said instrumelo be the volunta t and deed
of said corporation; by it and by them voluntarily exec d.
D P2ot�d NOTARY PUBLIC — STATE OF IOWA
00 0
2 3 5 7 ��