HomeMy WebLinkAboutA006 - Easement dated December 19, 2002 03 - 01698
INST.NO.
STORY COUNTY, IOWA
FILED FOR RECORD
'AM JAN 2 8 2003 -PW p
SUSAN L.VANDE KAMP, Recovder-S\� G
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S P A C E A B 0 V E R E S E R V E
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............ I C I A L U S E
RETURN MIPREPAREDBY. Franklin J.FeilmeyerAttomey at law,618 DouglasAve.,P0.Box 270,-Arnes',IA'5-00'1.0.-"Telephone.. . . . 5 1 5..-.2.3..9..-5-0..0.0 ...........
EASEMENT
KNOW ALL PERSONS: The Grantors,Edwin B.Finch and Mary E.Finch,husband and wife, for
valuable consideration, hereby grant unto Story County, Iowa, Alliant Energy Corporation, Qwest
Communications International, Inc., and Xenia Rural Water District, their successors and assigns
(hereinafter referred to, collectively and individually, as the Grantee), the perpetual right to enter upon the
land hereinafter described as the Easement Area to construct,reconstruct,cover over, clean up, operate,use,
maintain,and repair the systems described for the uses set forth hereinafter over,upon, across and under the
Easement Area. The Easement Area is a strip of land situated in Story County, Iowa, as shown on the final
plat drawing of Palensky Subdivision,Story County,Iowa, and described as follows:
For use of a public utility easement for electrical, communications, and water distribution sys-
tems and other general utilities: The real property shown on Schedule"A"attached hereto and by
this reference made a part hereof.
The foregoing rights are granted by the Grantors and shall be accepted and exercised by the
Grantee subject to the following terms and conditions:
I. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real es-
tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Area
any building or other structure or improvement or any trees, shrubs or other landscape plantings
other than grass or comparable ground cover except with the prior written consent of the Grantee.
The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area to
prevent damage to a utility service line of the Grantee located within the Easement Area.
2. SEEDING Immediately following construction, reconstruction, or repair work by the Grantee
within the Easement Area, weather and season Permitting, ground area with previously existing
grass cover that is disturbed by such work shall be planted with grass seed in accordance with cus-
tomary methods of soil preparation and planting by the Grantee.
3. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are
nonexclusive. This instrument shall not preclude the Grantors from granting similar easement
rights to third parties upon terms and conditions that do not impair or diminish the rights granted
under this instrument to the Grantee.
IN WITNESS WHEREOF the undersigned has executed this instrument on December_Z_?1 2002.
ADWIN�BF'INC
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'4A E. CH
STATE OF IOWA,COUNTY OF STORY,ss: On December 2002,before me,the undersigned', a
Notary Public in and for said State,personally appeared Edwin B. Finch and Mary E. Finch, to me known
to be the persons named in and who executed the foregoing instrument, and acknowledged that such per-
sons executed the same as the voluntary act and deed of such persons.
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December 4,2064 4r4otARLY+PB IC
F,IF.//2002212G4161003
LMEYER&KEENAN,Pic-
Attorneys at Law-Ames,Iowa
EASEMENT Page 2
SCHEDULE "A"
General Utility Easement
Lot Number Location
1 The East 15 feet of the North 1,653.71 feet
2 The South 20 feet of the West 880.90 feet
ALL IN Palensky Subdivision, Story County,Iowa.
FJF,v 20021204161003 SHARP.JAHN,FEILMEYER,FEILYIEYER&KEENAN plc
Attomeys at Law•Ames.Iowa