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Home My WebLink AboutA015 - Easement Grant dated June 7, 2002 F 02 . 10347 INST.NO. STORY COUNTY,IOWA ' RETURN TO- FILED FOR RECORD / CRAIG HASTINGS I 1a HASTINGS & GARTIN ,I J U L 1 7 2002 PM 409 DUFF AVE 60A I-IN AMES IA 50010-6347 SUSAN L VANDE KAMP,Recorder REC.FEE$fiJk,_C_0AU0.FEE Space above for recording data IF B : Craig R. Hastimp-9 Attly at Law, 409 Duff PO Box 1794 Ames IA 50010 (515)232-2501 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that SOUTH DAYTON DEVELOPMENT, L.C., HICKORY PARK, INC., and SCOTT E. RANDALL and JANE RANDALL, do hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A GENERAL UTILITY EASEMENT. SOUTH DAYTON DEVELOPMENT, L.C., HICKORY PARK, INC., and SCOTT E. RANDALL and JANE RANDALL grant 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 SOUTH GATEWAY DEVELOPMENT, AMES, IOWA:. Lot No. Easement Area 1 West 10 feet, North 10 feet 2 North 10 feet 3 East 10 feet, North 10 feet 4 West 10 feet, South 10 feet 5 South 10 feet 6 South 10 feet 7 South 10 feet 8 West 10 feet 9 West 10 feet 18 North 10 feet 19 East 10 feet Outlot 1 West 10 feet, North 10 feet Outlot 2 South 10 feet, East 10 feet, North 10 feet Outlot 3 South 10 feet SOUTH DAYTON DEVELOPMENT, L.C., HICKORY PARK, INC., and SCOTT E. RANDALL and JANE RANDALL 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. Easement Grant p. 2 B. SURFACE WATER FLOWAGE AND STORY WATER DETENTION EASEMENT. SOUTH DAYTON DEVELOPMENT, L.C., HICKORY PARK, INC., and SCOTT E. RANDALL and JANE RANDALL, grant to the City of AMES, Iowa, the right to have surface water flow across and be detained in the following described real estate, all within SOUTH GATEWAY DEVELOPMENT, AMES, IOWA: Lot No. Easement Area 4 North 25 feet 5 North 25 feet 6 Beginning at the Northwest corner of Lot 6, thence N89045'24"E, 242.44 feet, thence S13032'54"W, 122.50 feet, thence N66027'40"W, 233.02 feet, thence N00°15'03"W, 25.00 feet to the Point of Beginning. 7 Beginning at the Northwest corner of Lot 7, thence N89045'24"E, 388.84 feet, thence S00015'03"E, 169.05 feet, thence S51°54'57"W, 178.55 feet, thence N58019'30"W, 242.63 feet, thence N66027'40"W, 77.71 feet, thence N13°32'54"E, 122.50 to the Point of Beginning. 8 Beginning at the Northeast corner of Lot 8, thence S00°15'03"E, 414.94 feet, thence S89048'46"W, 25.00 feet, thence N00°15'03"W, 232.94 feet, thence N58019'30"W, 136.70 feet, thence N51°54'57"E, 178,55 feet to the Point of Beginning. 9 East 25 feet 10 West 25 feet 11 West 25 feet 12 West 50 feet 13 West 50 feet 14 West 50 feet 15 West 50 feet 16 West 50 feet, North 20 feet except the East 275 feet 17 West 25 feet 18 West 25 feet 19 North 30 feet, and Commencing at the Northwest corner of Lot 19, thence N89050'19"E, 35.50 feet, thence S00°13'33"E, 30.00 feet to the Point of Beginning, thence S00013'33"E, 246.00 feet, thence N89050'19", 35.50 feet, thence N00°13'33"W, 246,00 feet, thence N89050'19"E, 35.50 feet and the Point of Beginning. r Outiot 1 Beginning at the Southwest corner of Outlot 1 also the Northwest corner of Lot 4, thence N12052'49"E, 25.67 Easement Grant p' 3 feet, thence N89045'23"E, 365.50 feet, thence N49010'56"E, 336.96 feet, thence N57040'59"E, 308.15 feet, thence N89d44'57"E, 77.00 feet, thence N00015'03'W, 211.25 feet, thence N89033'01"E, 42.14 feet, thence N00°15'03"W, 303.17 feet, thence N55026'00"E, 30.27 feet, thence S00015'03"E, 340.15 feet, thence S89033'01"W, 42.14 feet, thence S00015'03"E, 599.15 feet, thence S89045'24"W, 990.44 feet to the Point of Beginning. Outlot 3 North 276 feet C. GENERAL CONDITIONS. All such easements are granted according to the following terms and conditions. 1. SOUTH DAYTON DEVELOPMENT, L.C., HICKORY PARK, INC., and SCOTT E. RANDALL and JANE RANDALL, 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 of AMES, its assigns and licensees, shall install and maintain construct, reconstruct, maintain and use its electric lines, consisting of poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment within the said easement area described above in a safe and prudent manner. D. RIGHTS OF CITY, 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, 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. 3. the right to enforce through appropriate legal action any of the obligations assumed by the owners of the lots in the subdivision under this Easement Grant. s r r• Easement Grant E. LIABILITY. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. 4A► Dated this 7 day of J u U r , , 2002. SOUTH DAYTON DEVELOPMENT, L.C. HICKORY PARK, INC. by �7 by Brent Haverkamp, Manag Dave Wheelock, President - --L---- Scott �E �Raynd(511 J n Randall STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on _ _S _. 2002 by BRENT HAVERKAMP as MANAGER of SOUTH DAYTON DEVELOPMENT, L.C.. E*1 IIYCOMMISSIONJL D(P,RES ns_03 1 Notary Public in and for said State and County STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on _____________. 2002 by DAVE WHEELOCK as PRESIDEN of HICKORY PARK, INC.. Notary Public in and for said State and County STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me o ___ 2002 by SCOTT E. RANDALL and JANE RANDALL. Notary Public in and for said State and County PATT1 BOON CommMNon NunbK22214s ' Easement Grant p. 4 E. LIABILITY. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this 6*L"- day of Tt4 H .-, , 2002. SOUTH DAYTON DEVELOPMENT, L.C. HICKORY PARK, INC. b y b � Y Brent Haverkamp, Manag Dave heelock, President ------------------------ ------------------------ Scott E. Randall Jane Randall STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on _ -- 2002 by BRENT HAVERKAMP as MANAGER of SOUTH DAYTON DEVELOPMENT, L.C.. , RUY APRIL WOODBURYOMMISSION NO.709070 Notary Public in and for said State and Co COMMISSION EXPIRESMARCH 27 2004 STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on - J-o N G _ - ___-, 2002 by DAVE WHEELOCK as PRESIDEN of HICKORY PARK, INC.. 4 0J . Notary Public in and for sai State and Count %At* DAVID W. ENSON . * COMMISSION NO. 111230 STATE OF IOWA, COUNTY OF STORY) MycdzMlssi0_PiREs /OWA This instrument was acknowledged before me on _____________. 2002 by SCOTT E. RANDALL and JANE RANDALL. Notary Public in and for said State and County P63'e.5