HomeMy WebLinkAboutA008 - Easement dated April 7, 2000 J
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S EED FOR RF60ADA
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SUSAN L.VANDE KAMP Rewrder
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RETURN T01PREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: That Terra Firma,L.P., an Iowa limited partner-
ship, hereinafter referred to as the GRANTOR, for good and valuable consideration, do 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, operate, use, maintain, and
repair the systems described for the uses set forth hereinafter over, upon, across and under the Easement
Area. The Easement Area is certain real property situated in Story County, Iowa, as shown on the final plat
drawing of First Addition,Terra Firma Subdivision,Ames,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: The real property shown on Schedule"A"
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 underlying 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 landscape plantings other
than grass or comparable ground cover except with the prior written consent of the Grantee. The
Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to pre-
vent 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 previously existing
grass cover that is disturbed by such work shall be planted with grass seed in accordance 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 encum-
brances except as may be described in the Mortgagee's Subordination attached hereto.
5. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single
or plural number, and as masculine, feminine or neuter gender, according to the context. This in-
strument 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.
FJF 200004071153
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EASEMENT—FIRST ADDITION, TERRA FIRMA SUBDIVISION Page 2
IN WITNESS WHEREOF the undersigned have executed this instrument on April 7,2000.
TERRA FIRMA,L.P.
BY: EV COCHRANE&ASSOCIATES, INC., General Partner
BY: /��G
David A.Keller,Vice President
STATE OF IOWA,COUNTY OF STORY,SS:
On April 7, 2000, before me, the undersigned, a Notary Public in and for said state, personally
appeared David A. Keller,to me personally known,who,being by me duly sworn did say that the person is
the Vice President of Ev Cochrane & Associates, Inc., an Iowa business corporation, the CORPORATE
GENERAL PARTNER of Terra Firma, L.P., an Iowa LIMITED PARTNERSHIP, executing the forego-
ing instrument, that NO SEAL has been procured by the corporation; that the instrument was signed on
behalf of the corporation as general partner of Terra Firma, L.P., an Iowa limited partnership, by authority
of the corporation's Board of Directors;and that David A. Keller as that officer acknowledged execution of
the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the
officer voluntarily executed.
G FRANWN J.FEILMEYER
_ +� MY COMMISSION EXPIRES i4oTARYPUBLIC
July 16,2000
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EASEMENT-FIRST ADDITION, TERRA FIRMA SUBDIVISION Page 3
SCHEDULE"A"
General Utility Easement
Lot 1 — the West 10 feet of the North 112.6 feet of Lot 1.
Lot 1 — the South 10 feet of Lot 1,except the East 105.70 feet.
ALL IN First Addition,Terra Firma Subdivision to Ames,Iowa.
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