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HomeMy WebLinkAboutA005 - Easement Grant dated September 17, 1996 W. .- ,' SJA SOY CO TY, IOWA FILED FOR RECORD OCT 0 7 1996 PM VAIN i�A�'P,Reoo�du nwe*g Fee S Af TV .�h S ace above for recor ina data AndWs Fos S :::::::...:.:::.v.::{:.{:.:::x:::•..:x:x.•::::::....... R •::: .... ::: .... •.:i.::•:^:::.is4:4}:{•ii::•ii'ri'r::i::i4i:'rii':':iy};{:3'p::iiT: EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that SUNCREST, L.C., does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A General Utility Easement. Suncrest, L.C., 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 Suncrest Subdivision, Ames, Iowa: Lot No. Easement Area 1 West 10 feet, East 10 feet , North 10 feet 2 West 10 feet, East 10 feet 3 West 10 feet, East 10 feet 4 West 10 feet, East 10 feet 5 West 10 feet, East 10 feet 6 West 10 feet, East 10 feet 7 West 10 feet, East 10 feet 8 West 10 feet, East 10 feet 9 West 10 feet, East 10 feet,South 5 feet 10 West 10 feet, East 10 feet, North 5 feet 11 West 10 feet,East 10 feet, North 10 feet 12 West 10 feet, East 10 feet 13 West 10 feet, East 10 feet 14 West 10 feet, East 10 feet 15 West 10 feet, East 10 feet 16 West 10 feet, East 10 feet 17 West 10 feet, East 10 feet 18 West 10 feet, East 10 feet 19 West 10 feet, East 10 feet 20 West 10 feet, East 10 feet Suncrest, L.C., 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. Suncrest, L.C., further grants 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: Lot No. Easement Area 7 South 5 feet 8 North 5 feet 17 South 5 feet 18 North 5 feet all within Suncrest Subdivision, Ames, Iowa, according to the following terms and conditions. 1. Suncrest, L.C., 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 shall install and maintain its storm sewer lines, consisting of all underground storm sewer lines, connections, hook-ups and similar equipment or any part thereof, for the sole purpose of general storm sewer use, together with the right to go upon the easement area, make repairs, install lines, connect to existing lines and to extend the said lines or mains to any other property or location within the said easement area described above for the safe operation of storm sewer lines underground or adjacent to Suncrest Subdivision. C. 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. D. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for 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. q6 Li()®1 �, u e• Dated this day of S eV, , 1996. Suncrest, L.C. by by Kurt W. Friedrich, Manager Dicks/oh D. Jensen, Manager STATE OF IOWA, STORY COUNTY) SS. On this—�j day of 1996, before me,the undersigned, a Notary Public 1h and for the above named State, personally appeared KURT W. FRIEDRICH and DICKSON D. JENSEN, to me personally known, who, being by me duly sworn, did say that they are the MANAGERS of the limited liability company executing the foregoing instrument; that no seal has been procured by the limited liability company; that the instrument was signed on behalf of the limited liability company by authority of its managers and members; and that the said KURT W. FRIEDRICH and DICKSON D. JENSEN acknowledged the execution of this instrument to be the voluntary act and deed of the limited liability company, by it and by them voluntarily executed. Notary Public in and for the above State TMWAA EbTREY oa �[� 1jL001 3