HomeMy WebLinkAboutA007 - Public Utility Easement dated September 20, 2002 �0.2- 16 7 31
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SU SAN L.VAWDE KAMP,Recorder LI Jd/
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s� Prepared by&Return to: Timothy C. Hogan,3101 Ingersoll Ave..Des Moines,Iowa 50312 (515)279-9059
4- PUBLIC UTILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENT that Best Buy Stores, L.P. ,
a Delaware limited partnership (hereinafter called "Grantor") ,
hereby conveys 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 real estate
described on Exhibit "A" attached hereto (hereinafter called
"Easement Area") , for the purpose of the City constructing,
reconstructing, repairing, replacing, enlarging, inspecting and
maintaining public utilities, together with all necessary
structures and appurtenances thereto, under, over, on, through,
across and within the 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 (except a paved roadway, parking and/or
other utilities) 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. The 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 the. City, any unauthorized fences,
structures, obstruction, planting or material placed or erected
under, over, on, through, across or within the Easement Area.
4. LIABILITY. Except as may be caused by the negligent acts
or omissions of the City, its employees or agents, the City shall not
be liable for injury or property damage occurring in or to the
Easement Area, the property abutting said Easement Area, nor for
property damage to any improvements or obstructions thereon resulting
from the City's exercise of its rights herein granted. or arising in
any manner from the existence of this Easement, or from the flowage
or drainage of water into, over, through, across, within or out of
said Easement Area. Grantor agrees to indemnify and hold City, its
employees, agents and representatives harmless against any loss,
damage or injury arising out of or resulting from the negligent or
intentional acts or omissions of Grantor or its employees, agents or
representatives.
5. EASEMENT BENEFIT. This Easement shall be for the benefit
of the City, the owners of the property abutting said Easement Area,
and the owners of property lying within the City.
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
heirs, successors and assigns.
7. APPROVAL BY CITY COUNCIL. This Easement shall not be
binding until it has received the final approval and acceptance by
the Ames City Council by Resolution which approval and acceptance
shall be noted on this Easement by the City Clerk.
Grantor does HEREBY COVENANT with the City that (i) Grantor
holds said real estate described in this Easement by title in fee
simple; (ii) Grantor has good and lawful authority to convey the
same; and (iii) Grantor covenants to WARRANT AND DEFEND the said
premises against the claims of all persons whosoever.
Words and phrases herein including acknowledgement hereof shall
be construed as in the singular or plural number, and as masculine or
feminine gender, according to the context.
DATED this QO*` - day of 2002.
BEST BUY STORES, L.P. ,
a Delaware limited partnership
By: BBC Property Co. , a Minnesota
corporation, its General Partner
By: o►r,-�� E'- o .
Name• J Rm-e s E• TstN
Title:Assoc kkf e C,ontrq( CCw BSc
STATE OF (�1 ►�n ��c: 1'�', )
ss:
COUNTY OF
On this 3-0 f'h day of 2002 , before me, the
undersigned, a Notary Public, personally appeared
to me personally, known who, being by me duly
sworn, did say that he/she is the cI Coa,ks;,I of BBC Property
Co. , the General Partner of Best Buy Stores, L.P. , a Delaware
limited partnership, executing the foregoing instrument; that no
.seal has been procured by the corporation; that the instrument was
signed on behalf of the corporation as General Partner of Best Buy
Stores, L.P. , a limited partnership, by authority of the
corporation's Board of Directors; and that ahr,4s E- TsZ cac as
such officer acknowledged execution of the instrument to be the
voluntary act and deed of the corporation and limited partnership
by it and by the officer voluntarily executed.
c.
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e: 0- N l S-e_ -t kr,
Notary Public in and for said State
DEMISE K.HEINBUCH
/ NOTARY PUBLIC-MINNESOTA
DAKOTA COUNTY
Comm.Expires Jan 31,2005
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EXHIBIT "A"
PUBLIC UTILITY EASEMENTS:
THE SOUTH 5.0 FEET OF LOT I IN DANIELS SUBDIVISION FIRST ADDITION,
AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA.
THE NORTH 10.0 FEET OF LOT 2 IN DANIELS SUBDIVISION FIRST ADDITION,
AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA,