HomeMy WebLinkAboutA009 - Easement Grant dated January 26, 2001 01 - 06411
INST.NO, -
STORY COUNTY,IOWA
RETURN TO: FILED FOR RECORD
ROBERT x MEDRICH, JR I AIM MAY 2 5 2001 M
619 E LINCOLN WAY D
AMES IA 50010 SUSAN L.VANDE RAMP,Recorder 0
REC.FEE$Jk0 AUD.FEE$ Z
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:G..Mark Rice,Adams&Rice PLC 317 6t'Avenue Des Moines IA 50309-4115 (Phone: 515-24&9800)
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Robert K. Friedrich, Jr. as
Receiver in a case entitled Firstar Bank Iowa, N.A. v. Barber's of Iowa, Inc., Donald E. Barber,
Leanna K. Barber and Vulcan Industrial Properties, Inc. Case No. Equity EQCV039157 does
hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described
easements:
A. General Utility Easement. Robert K. Friedrich, Jr. as Receiver 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
East Lincolnway Development Subdivision, Ames, Iowa:
Lot No. Easement Area
1 The West 10 feet
2 The East 10 feet
3 The East 12 feet
Robert K. Friedrich, Jr. 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, underground over or across the real estate as described above.
B. Drainage Easement. Robert K. Friedrich, Jr. as Receiver further grants to the City of
Ames, Iowa, the right to use the following described real estate as part of its surface drainage
system over, under and across.
Lot No. Easement Area
5 The North 20 feet, the West 20 feet of the North 407.47 feet and the East
20 feet of the North 408.84 feet.
all within East Lincolnway Development Subdivision, Ames, Iowa.
C. General Terms and Conditions.Robert K. Friedrich, Jr. as Receiver, his successors and
assigns, shall not:
1
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 of contour of any part of the easement area without
obtaining the prior written approval of the City Engineer.
D. Ingress/Egress. 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 as follows:
Lot 2 Beginning at the Northwest Corner of Lot 2; thence East 16 Feet
along the North Line of Lot 2; thence Southwesterly to a point on
the West Line of Lot 2 that is 16 Feet South of the Northwest
Corner of Lot 2; thence North 16 Feet to the Point of Beginning.
Lot 3 Beginning at the Northeast Corner of Lot 3; thence West 16 Feet
along the North Line of Lot 3; thence Southeasterly to a point on
the East Line of Lot 3 that is 16 Feet South of the Northeast Corner
of Lot 3;thence North 16 Feet to the Point of Beginning.
Lot 4 The North 181.80 Feet, and the North 25 Feet of that part of Lot 4
that is adjacent to and South of the South Lines of Lots 2 and 3.
The right of access shall be as 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 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.
Dated this c.Z 4�day of January, 2001.
Robert K. Friedrich Jr., Receiver
By:
obert K. Friedr Jr.
2
01 _ 064 1 1 '
a = �
STATE OF IOWA )
ss:
COUNTY OF STOWPO4-k )
On this Z�? day of A.D. 2001, before me, a notary public, personally
appeared Robert K. Friedrich,64r., to A known to be the person named herein and who executed
the foregoing instrument, and acknowledged that he executed the same as his voluntary act and
deed.
N ary b is in the State of Iowa
946 -Flo-b3
3
01 - 064 1 1