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HomeMy WebLinkAboutA011 - Easement Grant dated June 18, 2003 : INST.NO. 03 - 17422 O STORY COUNTY,IOWA �Q " FILED FOR RECORD V AUG 19 2003 PM D SUSAN L.VANDE KAMP,Recorder RETURN TO: REG.FEE sAILM AUD.FEE S ace above for recording data By: Craig R. Hastings, Att'y at Law, 409 Duff, PO Box 1794, Ames, IA 50010 (515)232-2501 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that ROLAND G. STRUSS and WILMA J. STRUSS, Husband and Wife (legal titleholders), and SCOTT T. BLUM and SHELF BLUM, Husband and Wife, (contract purchasers under an unrecorded real estate contract) (Owners) do hereby grant STORY COUNTY, IOWA, the perpetual right to the following described easements. A GENERAL UTILITY EASEMENT. Owners grant to Story County, 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.River Ridge Subdivision, Story County, Iowa; Lot No, Easement Area 1 South 10 feet 2 South 10 feet 3 South 10 feet Owners, further grant to the Story 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. B. 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. Easement Grant p, 2 C. change grade, elevation or contour of any part of the ' easement area without obtaining the prior written approval of the County Engineer, 2, Story County, 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, It shall also restore the Easement areas in a good and workmanlike manner, including but not limited to restoration of lawns by sodding or seeding, and restoration of driveways damaged by the County as nearly as possible to original condition, C. RIGHTS OF COUNTY, Story County 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. D. 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. �r Dated this day of 2003. Ro nd G. Struss Wilma J. Struss STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on June J_L, 2003 by ROLAND G. STRUSS and WILMA J. STRUSS, Print name her 0 � JOHN MURRAY Notary Public in and for said St to and County Commission Number 718MI ow SCommissionpteer19 Ei005 V ^ September 19,20W Easement Grant p 3 r Scott T. Blum Shele Blum STATE OF _v_urc*— COUNTY OF GV-C,q ) This instrument was acknowledged before me on June , 2003 by SCOTT T. BLUM and SHELE BLUM. Print name here; JOHId HURRAY Lary Public in and for said State and County W M September 19,2W5