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HomeMy WebLinkAboutA009 - Permanent Sidewalk and Public Utility Easement dated November 1, 1996 l When recorded return to: Prepared by:3eremy C.Sharpe Belin llarris Lamson M.Xbrmick,20.00 Financial Center,Des Moines,IA:50309,Srl.5.243.7;1U©. PERMANENT SIDEWALK AND PUBLIC UTILITY EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that Midland Homes, Inc., (hereinafter called "Grantor"), for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto the City of Ames, Iowa, a municipal corporation, (hereinafter called "City") a perpetual easement and right-of-way under, over, on, through, across and within the following-described real estate: See Exhibit A attached hereto. (hereinafter called "Easement Area"), for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining a sidewalk and public utilities, together with all necessary structures and appurtenances thereto,under, over, on, through, across and within said Easement Area. This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS, OR MATERIALS PROHIBITED. Grantor shall not erect any fence or other structure under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City nor shall Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. 2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 3. RIGHT OF ACCESS. City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to the right to remove without liability to Grantor, any unauthorized fences, structures, obstruction, planting, or material placed or erected under, over, on,through, across or within the Easement Area. 4. MAINTENANCE. The City shall not be responsible for any maintenance of the land located within the Easement Area whatsoever and that responsibility shall remain with the Grantor; provided, however, the City may perform such maintenance should it determine in its sole discretion such maintenance is needed. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 7. PROPERTY TO BE RESTORED. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any sidewalk and public utilities or any appurtenance thereto, the City shall restore the Easement Area in good and workmanlike manner, including restoration of lawns by sodding or seeding. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this T- day of 41�e*00" , 1996. MIDLAND HOMES, INC. By: �144v� Ted A. Grob, President STATE OF IOWA ) COUNTY OF POLK ) SS. a�I 0'q6!5 On this day of 0 vel i &f r- , 1996, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ted A. Grob to me personally known, who being by me duly sworn, did say that he is President of Midland Homes, Inc., executing the within and foregoing instrument; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Ted A. Grob as such officer acknowledged the execution of said instrument to be the voluntary act and deed of the corporation and by him voluntarily executed. Notary Pub > in and for the State of Iowa I ARY A.Al.LIN dA19515\100\b1oom\sdw1keas.doc "!> I MYc—1 'S51�1' 'FFs_S g LEGAL DESCRIPTION SIDEWALK & PUBLIC UTILITY EASEMENT BLOOMINGTON COURT A 20.00 FOOT SIDEWALK& PUBLIC UTILITY EASEMENT ACROSS LOTS 19, OUTLOT 'Z', LOT 'A', AND OUTLOT 'Y', BLOOMINGTON COURT, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 2O.00 FEET OF LOT 19; THE SOUTHEASTERLY MOST 20.00 FEET OF OUTLOT 'Z'; THE SOUTHEASTERLY MOST 20.00 FEET OF LOT 'A'; AND THE SOUTHEASTERLY MOST 20.00 FEET OF OUTLOT c:\wp60\lcpls\e312Ofpe