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HomeMy WebLinkAboutA005 - Easement Grant dated September 27, 2001 01 " 1 4849 y INST.NO. 2 SFOLED FOR RE CORD I OR A J. v001 a AM OCToGT 3 0 ,�' .,... SUSAN L VANDE KAMP,Recorder FEC.FEE&ILIMD.FEE$ -- Space above for recording data By: Craig R. Hastings, Att'y at Law, 409 Duff Box 1794, Ames, IA 50010 (515)232-2501 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 in Suncrest Subdivision, Phase II, Ames, Iowa. 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 5 feet, East 10 feet, South 10 feet 2 North 5 feet, South 10 feet 3 North 5 feet, South 10 feet 4 North 5 feet, South 10 feet 5 North 5 feet, South 10 feet 6 North 5 feet, South 10 feet 7 Westl 0 feet, North 5 feet, South 10 feet 8 Westl0 feet, North 10 feet, South 5 feet 9 North 10 feet, South 5 feet 10 North 10 feet, South 5 feet 11 North 10 feet, South 5 feet 12 North 10 feet, South 5 feet 13 North 10 feet, South 5 feet 14 East 10 feet, North 10 feet, South 5 feet 15 East 10 feet, North 5 feet, South 10 feet 16 North 5 feet, South 10 feet 17 North 5 feet, South 10 feet 18 North 5 feet, South 10 feet 19 North 5 feet, South 10 feet 20 North 5 feet, South 10 feet 21 West 10 feet, North 5 feet, South 10 feet 22 West 10 feet, North 10 feet, South 5 feet 23 North 10 feet, South 5 feet 24 North 10 feet, South 5 feet 25 North 10 feet, South 5 feet 26 North 10 feet, South 5 feet 27 North 10 feet, South 5 feet 28 East 10 feet, North 10 feet, South 5 feet 29 West 10 feet, East 5 feet, South 5 feet 30 West 10 feet, East 5 feet 31 West 10 feet, East 5 feet 32 West 10 feet, East 5 feet 33 West 10 feet, East 5 feet 34 West 10 feet, East 5 feet 35 West 10 feet, East 5 feet, North 10 feet 36 West 10 feet, East 5 feet, South 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. Surface Drainage and Storm Water Detention Easement. Suncrest, L.C., further grants to the City of Ames, Iowa, the right to use the following described real estate for a surface drainage and storm water detention system over, under and across: Lot No. Surface Drainaa_e Easement Area 2 North 10 feet 3 North 10 feet 4 North 10 feet 5 North 10 feet 6 North 10 feet 7 North 10 feet 8 South 10 feet 9 South 10 feet 10 South 10 feet 11 South 10 feet 12 South 10 feet 13 South 10 feet 14 South 10 feet, East 20 feet 15 North 10 feet 16 North 10 feet 17 North 10 feet 18 North 10 feet 19 North 10 feet 20 North 10 feet 21 North 10 feet 22 South 10 feet 23 South 10 feet 24 South 10 feet . O1 i 25 South 10 feet 26 South 10 feet 27 South 10 feet 28 South 10 feet Lot Nos. Storm Water Detention Easement Area 13 and 14 That area South of a line commencing at a point on the West line of Lot 13, 50 feet North of the SW Corner of Lot 13 and extending to a point on the East line of Lot 14 80 feet North of the SE Corner of Lot 14. 15 and 16 That area North of a line commencing at a point on the West line of Lot 16, 20 feet South of the NW Corner of Lot 16 and extending to a point on the East line of Lot 15, 50 feet South of the NE Corner of Lot 15. 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, Phase ll. C. Rights of City of Ames. 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, P . 3 h 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. Duties of Users. 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. Dated this day of , 2001 . Suncrest, L.C. by 71,1�97 2 by Kurt W./Friedrich, Manager Dickson D. Jensen, nager STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on _ 7 __, 2001 by KURT W. FRIEDRICH and DICKSON D. JENSEN as MANAGERS of SUNCREST, L.C.. Sign name here ��� � � Print name here Sl�curen s� w. Notary Public in and for said State and County 201 �Ay commissirExplres r/--- o-o