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HomeMy WebLinkAboutA004 - Easement Grant dated January 13, 2003 0.3 - 04717 INST.NO. STORY COUNTY,IOW, V X FILSD FOR RrCORDAW M D MAR 12 2003 P SUSPiN L tl/'UA'i7.d6�`f'MVppq�MT_"p,Ro' .corde�. Y ra,FBI'SY� P I'fu4Z.Pi 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 Bell Avenue 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 Lot:. of the PRC.Subdivision, Second Addition, Ames, Iowa: Lot No. Easement Area 1 The West Ten(10) feet and South Thirty(30) 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. D. 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. Lot No. Easement Area 1. A strip of land 20 feet wide located across that part of Lot 1, PRC Subdivision,Second Addition,Ames,Story County,Iowa. Said strip of land is centered upon and runs the length of a line described as follows: Commencing at the Southwest Corner of said Lot 1 of PRC Subdivision, Second Addition, thence S90°00'00"E, 149.47 feet to the Point of Beginning, thence N26°44'48"W, 31.28 feet, thence N00°00'34"W,321-.24 feet, thence. S89°59'25"W, 140.63 feet to the terminus point of said line. 1. The South Thirty(30) feet. • s 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 13 h day of �eAv1L,aVru , 20013 BELL AVENUE INVESTORS., L.L.C. a Dela e i 'ted liability company By: _ ( D g Roberts, Managing Member STATE OF NEVADA ) ss. COUNTY OF On this -D day of January, 2003,before me, a Notary Public in and for said state, personally appeared Doug Roberts to me personally known,who being by me duly sworn did say that he is the Managing Member of said Bell Avenue Investors, L.L.C., and that said instrument was signed on behalf of the said Bell Avenue Investors., L.L.C.,by authority of its managers and the said Doug Roberts acknowledged the execution of said instrument to be the voluntary act and deed of said Bell Avenue Investors, L.L.C.,by it voluntarily executed. �' 1q a `f1 Notary Public in and for v-b-sp"e— P . �