HomeMy WebLinkAboutA004 - Easement Grant dated October 27, 2003 4 -
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I 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 SOUTH FORK
TOWNHOMES, L.C., does hereby grant the CITY OF AMES, IOWA, the perpetual right
to the following described easements.
A. GENERAL UTILITY EASEMENT. South Fork Townhomes, L.C., grants to the City of
AMES, Iowa, the right to construct, reconstruct, maintain and use its electric and
general utility 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 South Fork Townhomes
Subdivision, First Addition, Ames, Iowa:
Lot No. Easement Area
Lot 1 North 10 feet, West 5 feet, and Southwesterly 5 feet
Lot 2 North 10 feet and South 5 feet
Lot 3 North 10 feet and South 5 feet
Lot 4 North 10 feet and South 5 feet
Lot 5 North 10 feet and South 5 feet
Lot 6 North 10 feet, South 5 feet, and East 5 feet
South Fork Townhomes, L.C., 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. PRE-EXISTING UTILITY EASEMENT. The City of Ames owns an existing utility
easement recorded February 14, 2002 as Inst. No. 02-02601. This Easement Grant
being executed today affects all of the easements encumbering the lots shown above
and as such replaces the existing public utility easements with respect to the lots
previously described as Lots 27, 28, 29, and 30, South Fork Subdivision, First
Addition, Ames, Iowa.
Easement Grant 2
C. GENERAL CONDITIONS. All such easements are granted according to the
following terms and conditions.
1. South Fork Townhomes, L.C., its successors and assigns, shall not
a. erect any structures over or within the easement area without
obtaining the prior written approval of the City 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 City Engineer.
C. change grade, elevation or contour of any part of the easement
area without obtaining the prior written approval of the City Engineer.
2. The City of Ames, 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 City as nearly as possible to original condition.
D. RIGHTS OF CITY. 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 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.
E 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.
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Easement Grantp. 3
Dated this Z 7 day of O e y A0 va— , 2003.
South Fork Townhomes, L.C.
by
Mike tott, Manager
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on
6c"ec- 'Z7 2003 by MIKE STOTT as MANAGER of SOUTH
FORK TOWNHOMES, L.C.
JOHN MURRAY
Commission Number 71 M
My commission EVIres
°M September 19,zoos Not Public in and for said StatoVand County