HomeMy WebLinkAboutA006 - Easement Grant dated October 9, 2000 00 - 11998
V 'p INST.NO.
f STORY COUNTY,IOWA
O FILED FOR RECORD ,
OCT 2 5 2000 W0�
SUSAN L.VANDE KAMP,Recorder
aE(;,FEE$_CO AUD.FEE$
_ Space above for recording data
Cra:,_g R. Iastin �, Att'y at Law,409 Duff, PO Boy. _1794, Ames, IA 50010 (515)232-250�
EASEMENT GRANT
KNOW ALL. PERSONS BY THIS INSTRUMENT that ONYX DEVELOPMENT, L.C.,
does hereby grant the-CITY OF AMES, IOWA, the perpetual right to the follow;nc
described easement.
A. General Public Utility Easement. The right to use.the following described.real
estate as part of its general public utility system under and across the following
described parcels for such purposes:
Lot 1 North 10 and East 10 feet
Lot 2 North 10 and West 10 feet
Outlot A North 10, South 10, East10 and West 10 feet
all of the above in COUNTRY MEADows FIRST ADDITION TO AMES, IOWA, according try
-the following terms and conditions.
B. General Terms and Conditions.
1 . ONYX DEVELOPMENT, 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 ceasemei-jt- :area c I v
struct:are, material;. device, , thing or matter which could possibly obstruct or
impede th-- use of the easemer it area for the purposes stated above witl-iout
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 utility lines underground. The lines
shall consist of all underground electric and public utility lines, connections, hook-
ups and similar equipment or any part thereof, to be used for the sole purpose of
general public utility use, together with the right to go upon the easement area,
make repairs, install lines, connect to existing lines and to extend the sold lines to
any other property or location within the said easement area described above;
P. 1
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C. Access. 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,
the right to remove any unauthorized obstructions or structures
placed or erected on the easement area cnd the right, and
2, the right to improve, repair and maintain the easement area.
D. Condition. The foregoing rights are granted upon the express condition
that the :users of the granted .right's .will assume liability for :.all .damage to the
hereinbefore described real estate or'd adjoi,,-,Ii)g real estate paused•by failure to
use due care in the exercise of the granted rights,
Dated this b��—` day of_OCT 3- , 2000,
Onyx Dev lopment, L.C.
By - --
Matt Eller,)l ,anager
STATE OF IO:NA, COUNTY OF STORY)
This instrument was acknowledged before me on October +60 by MATT ELLER as
MANAGER of ONYX DEVELOPMENT, L.C..
uum V-SCHou. V
�
ame here; ay �G-S O11
Notary u lic in and for said State and County
00- 11998 p, 2