HomeMy WebLinkAboutA007 - Easement Grant dated November 25, 2002 n-
• 4
• Instrument No.
r State of•lowa,Boone County,SS
Filed for Record at f
This 7 day of M. a of
Sheryl J.Thul,Recorder,Fees$
Number of Pages=3
Space above for recording data
By: Craig R. Hastings, Attly at Law, 409 Duff, PO Box '1794, Ames, IA 50010 (515)232-2501
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Leon J. Wuebker and
Linda C. Wuebker (the Owners) do hereby grant BOONE COUNTY, IOWA, the
perpetual right to the following.described easements.
A GENERAL UTILITY EASEMENT, The right to construct, reconstruct, maintain and
use public utilities upon, underground, over or across the following described
real estate, all within Westwood, Plat 3, Boone County, Iowa;
Lot No. Easement Area
Lot 5 A strip of land 10.00 in width lying north of a line
described as follows; Beginning 428,26 feet south of the
NE corner of said Lot 5, thence S88°40'10"W, 220,13 feet
to a point 27,07 feet south of the NW corner of said Lot 5
Lot 6 A strip of land 10.00 in width lying north of a line
described as follows; Beginning 427.07 feet south of the
NE corner of said lot 6; thence S88°40'10"W, 220.13 feet
to a point 425,88 feet south of the NW corner of Lot 6
Lot 7 A strip of land 10,00 in width lying north of a line
described as follows; Beginning 425.88 feet south of the
NE corner of said Lot 7; thence S88°40'10"W, 220.18 feet
tci a point 424.69 feet south of the NW corner of Lot 7
Lot 8 A strip of land 10.00 in width lying north of a line
described as follows; Beginning 424.69 feet south of the
NE corner of said Lot 8; thence S88'40'10"W, 220.14 feet
to a point 423.51 feet south of the NW corner of Lot 8
The Owners further grant to Boone County, 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.
Easement Grant p. 2
B. GENERAL UTILITY EASEMENT AND PUBLIC ACCESS. The right to access for ingress
and egress, but not for parking, and to construct, reconstruct, maintain and use
public utilities upon, underground, over or across the following described real
estate, all within Westwood, Plat 3, Boone County, Iowa:
Lot No. Easement Area
Lot 1 North 40'
Lot 2 North 40'
Lot 3 North 40'
Lot 4 North 40'
Lot 5 South 40'
Lot 6 South 40'
Lot 7 South 40'
Lot 8 South 40'
Lot 9 South 40'
Lot 10 South 40'
C. PUBLIC ACCESS. The right to access for ingress and egress, but not for
parking, over or across the following described real estate, all within
Westwood, Plat 3, Boone County, Iowa:
Lot No. Easement Area
Lot 5 East 50 feet of the North 299,64 feet of the South
339.64 feet
D. PRE-EXISTING GENERAL UTILITY EASEMENT. All other pre-existing easements
located in Westwood, Plat 3, Boone County, Iowa, are deemed abandoned
and such abandonment is accepted by Boone County, Iowa.
E. GENERAL CONDITIONS. All such easements are granted according to the
following terms and conditions.
1. Owners, their successors and assigns, shall not:
a. erect any structures over or within the easement area without
obtaining the prior written approval of the County Engineer.
b, 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 County Engineer,
C. change grade, elevation or contour of any part of the
easement area without obtaining the prior written approval of the County
Engineer.
` Easement Grant p, 3
2. Boone County, Iowa, its assigns and licensees, shall install and
maintain construct, reconstruct, maintain and use its electric lines, consisting of
poles, wires, overhead or underground cables, fixtures, anchors and other
similar equipment within the said easement area described above in a safe
and prudent manner.
F. RIGHTS OF BOONE COUNTY, IOWA. Boone County, Iowa, shall have the right
of access to the easement areas granted in this Easement Grant together with
rights of ingress and egress reasonably necessary for 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 the right, and
2, the right to improve, repair and maintain the easement area.
3. the right to enforce through appropriate legal action any of the
obligations assumed by the owners of the lots in the subdivision under this
Easement Grant,
G. LIABILITY. The foregoing rights_are granted upon the express condition that
the users of the granted rights will assume liability for all damage to the
described real estate and adjoining real estate caused by failure to use due
care in the exercise of the granted rights.
Dated this a54=}' day of November, 2002.
Leon J.Puebker Linda C. Wuebker
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on November 95
2002 by Leon J. Wuebker and Linda C. Wuebker.
�Pp\AL CRAIG R. HASTINGS COMMISSION NO. 139821 Notary Pu lic nand for said S to and County
2 �
MY COMMISSION EXPIRES
O"A JUNE 26 2004