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HomeMy WebLinkAboutA006 - Easement Grant dated May 13, 2002 INST.N0. COUNTY IOWA STORY D q� FILED FOR RECORD A�M MAY 3 1 ZOOZ>M SUSAN L. r �VANDE KAMP,Recorde REC.FEE$Y_1=AUD.FEE$l RETURN TO: Instrument Prepared By: Stephen Howell P.O.Box 847 Ames Iowa 50010-0847;515-232-1761 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that API Properties #165, L.L.C., a Nevada Limited Liability Company, Carlsen-Bell Ave., L.L.C., a Delaware Limited Liability Company,and,D.Roberts Investments,L.L.C.,a Delaware Limited Liability Company,does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements: A. General Utility Easement. Grantor grants to the City ofAmes;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 Lot 1 of the PRC Subdivision,Ames,Iowa: Lot No. Easement Area 1 The West Ten(10) feet and South Thirty(30) feet Grantor 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. Storm Sewer and Surface Drainage Easement. Grantor further grants'to the City of Ames, Iowa, the right to use the following described real estate as part of its storm sewer and surface drainage system over, under and across. Lot No. Easement Area N/A N/A C. General Terms and Conditions. Grantor, his successors and assigns, shall not: 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 or contour of any part of the easement area without obtaining the prior written approval of the City Engineer. D. 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 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 l y' day of /vf 2002. API PRO 'PEES #165, L.L.C. CARLSEN-BELL AVE., L.L.C. a Nev a limited 'ability company a Delaw a lima d liability company By: By: Do Do g R berts, �J� D. ROBERTS INVESTMENTS, L.L.C. a Delaw a limited liability company By: D e s, Manager STATE OF IOWA ) ss. COUNTY OF STORY ) YL On this day of , 2002,before me, a Notary Public in and for said county, personally appeared + , to me personally known, who being by me duly sworn did say that that person is of said API Properties #165,L.L.C.,and that said instrument was signed on behalf of the said API Properties#1655 L.L.C., by authority of its managers and the said �4N er-jv acknowledged the execution of said instrument to be the voluntary act and deed of said API Properties #165, L.L.C., by it voluntarily executed. *0W;N �A� COMMISSION#192978 STEPHEN HOW an ELL Notary Publ in d for Iowa. COMMISSIONEXPIRES (Printed N e of Notary Public) STATE OF IOWA ) ss. COUNTY OF STORY ) On this /3+"" day of M�, , 2002,before me, a Notary Public in and for said county, personally appeared -1),, to me personally known, who being by me duly sworn did say that that person is_ of said Carlsen-B ell Ave., L.L.C., and that said instrument was signed on behalf of the said Carlsen-Bell Ave., L.L.C., by authority of its managers and the said L.!; acknowledged the execution of said instrument to be the voluntary act and deed of said Carlsen-Bell Ave.,L.L.C.,by it voluntarily executed. ORAL 8ESTEPHEN HOWELL=p � COMMISSION#192978Y COMMISSION EXPIRES Notary ublic in and for Iowa. 10WA LL (Printed N&ne of Notary Public) P e STATE OF IOWA ) ss. COUNTY OF STORY ) On this i � day of ab , 2002,before me, a Notary Public in and for said county, personally appeared Doug Roberts, to me personally known, who being by me duly sworn did say that that person is Manager of said D. Roberts Investments, L.L.C., and that said instrument was signed on behalf of the said D. Roberts Investments, L.L.C., by authority of its managers-and the said Doug Roberts-acknowledged the cxecution of said instrument to be the voluntary act and deed of said D. Roberts Investments, L.L.C.,by it voluntarily executed. <��AQ Notary P blic in and for Iowa. ELL OAC s STEPHEN Ho 9 o COMMISSION#192978 L, L l.�G * ewe* C MISSION IXPIRES (printed Na e of Notary Public) P e y