HomeMy WebLinkAboutA009 - Easement Grant dated October 28, 2002 A
03 - 00900
INST.NO.
STORY COUNTY,IOWA /
s� FILED FOR RECORD V
AM JAN 1 7 2003 Pff 0
SUSAN L VANDE KANIP,Recorder S
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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 Lincoln-Bell Investors, 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 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 the Hach Subdivision,Second Addition,Ames,Iowa:
Lot No. Easement Area
1 The West Ten(10)feet and South Ten(10)feet
2 The West Ten(10)feet and North Five(5)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.
NOT APPLICABLE TO THIS SUBDIVISION
all within the Hach Subdivision,Second Addition,Ames,Iowa,according to the following terms and conditions:
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 1st day of �L
LIN OLN-BELL INVES ORS,L.L.C.,
a De ware Limited Lia ility Company,
By:
Do g Rob s,Managing Member
PtQ
STATE OFVV.
)ss:
COUNTY OF
On this � day of N�06 7) ,2002,before me,the undersigned,a Notary Public in
and for the State of Iowa, personally appeared Doug Roberts, to me personally known, who, being by me duly
sworn, did say that he is the Managing Member, of said Limited Liability Company executing the within and
foregoing instrument; that no seal has been procured by the said Limited Liability Company; that said instrument
was signed on behalf of said Limited Liability Company by authority of its Members; and that the said Doug
Roberts, as such Managing Member, acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation,by it and by him volunt ' executed.
..............,u�.., LISA McMILLIN
Notary Public-State of Nevada €
v Appointment Recorded in Washoe County
Notary Public in and for the State of
No:93-3611-2-Expires June 1,2005