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Home My WebLink AboutA010 - Easement Grant dated July 5, 2002 4?. 02 - 107 57 d INST.NO. G, STORY COUNTY,IOWA 3 WHEN RECORDED RETURN TO: IV FILED FOR RECORD 3 BRIAN J HUNKE JUL 2 5 2002 PM NYEMASTER LAW FIRM 1416 BUCKEYE AVE SUITE 200 SUSAN L VANDE KAMP,Recorder S� AMES IOWA 50010 per,FEE she�AUD.FEE_ This document was prepared by R. Michael Hayes, Hubbell Realty Company, 904 Walnut Street, Suite 900 Des Moines, Iowa 50309-3574, (515) 280-2051 SPACE ABOVE THIS LINE FOR RECORDER EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT: That The Reserve, L.C. does hereby grant to the City of Ames, Iowa, the perpetual right to the following described easements all as more particularly shown on the recorded Final Plat of The Reserve, a Subdivision, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa: A. Public Utility Easement. The Reserve, L.C. grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its underground electric lines, consisting of underground cables, above ground utilities and other similar equipment, or any part thereof, upon, underground, over or across the following described real estate, all within The Reserve, Ames, Iowa: Lot No. Easement Area 1 Southerly 10 feet and the Westerly 10 feet 2 Westerly 10 feet 3 Westerly 10 feet 4 Westerly 10 feet 5 Westerly 10 feet 6 Southwesterly 10 feet 7 Southerly 10 feet 8 Southerly 10 feet 9 Southeasterly 10 feet 10 Easterly 10 feet 11 Northeasterly 10 feet 12 Northeasterly 10 feet and the Easterly 10 feet 13 Easterly 10 feet 14 Easterly 10 feet 15 Easterly 10 feet and the Southerly 10 feet 16 Southerly 10 feet and the Westerly 10 feet 17 Westerly 10 feet 18 Southwesterly 10 feet 19 Southerly 10 feet 20 Southeasterly 10 feet 21 Easterly 10 feet 22 Easterly 10 feet and the Southerly 10 feet 23 Southerly 10 feet and the Westerly 10 feet 24 Westerly 10 feet 25 Westerly 10 feet 26 Westerly 10 feet 27 Westerly 10 feet 28 Westerly 10 feet 29 Southwest 10 feet 30 Southerly 10 feet 31 Southerly 10 feet 32 Southerly 10 feet 33 Southerly 10 feet 34 Southeasterly 10 feet 35 Easterly 10 feet 36 Northeasterly 10 feet 37 Northerly 10 feet 38 Easterly 10 feet and the Northerly 10 feet t 39 Easterly 10 feet and the Southerly 10 feet 40 Southerly 10 feet 41 Southeasterly 10 feet 42 Easterly 10 feet 43 Northeasterly 10 feet 44 Easterly 10 feet and the Northerly 10 feet The Reserve, 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 underground utility facilities,jointly or severally upon, underground or across the real estate as described above. B. Electric Easement. The Reserve, L.C. grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its electric lines, underground cables, above ground utility pedestals and other similar equipment, or any part thereof, upon, underground, over or across the following described real estate, all within The Reserve, Ames, Iowa: Lot No. Easement Area 12 Southerly 5 feet 13 Northerly 5 feet 17 Northerly 5 feet 18 Southerly 5 feet C. Storm Sewer and Surface Drainage Easement. The Reserve, L.C. 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. Surface Drainage Easement Area 34 West 70 feet 35 West 70 feet 36 West 70 feet, South 12.5 feet and the Easterly 7.5 feet 37 South 12.5 feet and the Westerly 7.5 feet 38 South 12.5 feet 39 North 12.5 feet 40 North 12.5 feet 41 Beginning at the Northwest corner of Lot 41; thence N87013'31"E, 116.06 feet; thence S31°40'29"E, 14.28 feet; thence S87°13'31"W, 57.00 feet; thence S15039'36"W, 98.06 feet; thence N68°32'18"W, 43.03 feet; thence N00°00'51"E, 87.97 feet to the Point of Beginning. 42 West 40 feet 43 West 40 feet, South 25 feet and the Easterly 7.5 feet 44 South 25 feet and the Westerly 7.5 feet D. Recreation Trail Easement. The Reserve, L.C. further grants to the City of Ames, Iowa, the right to construct, maintain, repair, replace and use a recreation trail over, under and across the following recreation trail easement area: Lot No. Surface Drainage Easement Area 29 Westerly 7.5 feet 30 Easterly 7.5 feet 42 Southerly 7.5 feet 43 Northwesterly 7.5 feet all within The Reserve, Ames, Iowa, according to the following terms and conditions: E. General Terms and Conditions. The Reserve, L.C., it successors and assigns, shall not: 1. erect any structures over or within any of the easement area without obtaining the prior approval of the City Engineer. The City of Ames, Iowa understands and acknowledges that driveways will cross the public easement areas, and agrees that the granting of a building permit for construction of a house on a lot should be P� � conclusive evidence of the approval of the City Engineer for construction of a driveway over such public utility easement area. 2. erect or cause to be placed on any of the recreation trail, storm sewer on surface drainage easement areas 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 areas without obtaining the prior written approval of the City Engineer. F. 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. G. 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 and that upon completion of any construction, reconstruction, repair, enlargement or maintenance of any such easement area, the City of Ames, Iowa shall restore said easement area in a good and workmanlike manner to substantially its condition immediately prior to such work, including sodding or seeding, excepting only permitted structures. -f14 Dated this 15 day of &(q 2002. THE RESERVE, L.C., By: Hubbell Realty Company, Manager ,� ! 4 u�. James W. Hubbell III, Presi&mt- By: R. Michael Hayes, S I retary STATE OF IOWA ) ) SS. COUNTY OF POLK ) On this day o , 2002, before me the undersigned, a Notary Public in and for the State of Iowa, person ly appeared James W. Hubbell III and R. Michael Hayes, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of Hubbell Realty Company, the Manager of The Reserve, L.C., an Iowa limited liability company, executing the within and foregoing instrument; that said corporate Manager and said limited liability company have no seal; that the instrument was signed on behalf of said corporate Manager by authority of its Board of Directors and on behalf of the limited liability company by authority of the Members; and said James W. Hubbell III and R. Michael Hayes, as such officers, acknowledged the execution of the instrument to be the voluntary act and deed of the corporate Manager and the limited liability company, by each entity and by them voluntarily executed. _ APRIL TUFANO Commission Number 710207 oWA MY misSI ires Notary Public in and for id State F:\legal\SHARE\The Reserve\Platting Documents\Easement Grant.doc P�e.�