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Home My WebLink AboutA005 - Easement Grant E° �"''Ci .instrument: 200400014093 N Da- e: 10-1b-2004 Time: 12:07:32 pm. d; Rec Fee: 26.00 E-Con Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Filed for Record in STORY COUNTY IOWA SUSAN L. VANDE KAMP,COUNTY RECORDER M m(la Space 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 E.T.C. ENTERPRISES, INC., JOHN BERDUSCO,a single person, and CURT GARLAND,a single person, referred to as Owner, does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A. SANITARY SEWER EASEMENT. Owner, grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use underground sanitary sewer lines under the real estate described on Exhibit A-1, all within Link Subdivision, Ames, Iowa. B. WATER LINE EASEMENT. Owner, grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its underground water main lines under the real estate described on Exhibit A-2, all within Link Subdivision, Ames, Iowa. C. PRE-EXISTING GENERAL UTILITY EASEMENT. The City of Ames Owns an existing public utility easement recorded November 27, 1974 in Book 125, Page 672. This easement continues in full force and effect. F. GENERAL CONDITIONS. All such easements are granted according to the following terms and conditions. 1. Owner, 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 Easement Grant p. 2 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. Cx 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. H. 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. Owner , Inc. Rodne tCquis , E O STATE OF MINNESOTA, COUNTY OF STEARNS ) This instrument was acknowledged before me on October , 2004 by RODNEY L. LINDQUIST as CHIEF EXECUTIVE OFFICER of E.T.C. ENTERPRISES, INC.. SGira J . W I-C SAFA J. WOLF Print name here: � NOTARY PUSUC-MINNESOTA Notary Public in and for said State and County ti` ,,,• A,r Ca,mm.E.V.Jan, 31,M7 Easement Grant p. 3 — $&-� &4'U4 C4) John Pferdusco, a/k/a John P. Berdusco STATE OF MINNESOTA, COUNTY OF WASHINGTON) This instrument was acknowledged before me on October , 2004 by JOHN BERDUSCO. Print name here: Notary Public in and for said State and County 1%1111niii1 11 �GRUDEC "..' SO i�;111 IK v ;0,111 Easement Grant p 4 C d PROVINCE OF BRITISH COLUMBIA, CANADA) This instrument was acknowledged before me on October , 2004 by CURT GARLAND. Print name here: Notary Public in and for said Province AOBERTA J. STEWART Barrister&Solicitor 700-550 Victoria Street 64 Prince George, BC V21- 2Kt Ph: 565-8000 Easement Grant p. 5 EXHIBIT A 1 SANITARY SEWER EASEMENT: A 24 foot wide access and sanitary sewer easement, located in part of Lot One of SOUTHTOWN SUBDIVISION, and part of PARCEL H as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, (also part of Lot 1 and part of Lot 2 of pending LINK SUBDIVISION) located in part of the Northeast Quarter of the Northwest Quarter (NE/NW) of Section 14, Town 83 North, Range 24 West, City of Ames, Story County, Iowa lying twelve feet either side of the following described centerline: Commencing at the Southwest corner of said Lot 1; thence along the West line thereof, N00001'24"W 141.00 feet to the point of beginning; thence S89059'19"E 325.00 feet to the point of terminus of said centerline. ( Said centerline is also the common line between Lot 1 and Lot 2 of said pending subdivision.) EXHIBIT A-2 WATER MAIN EASEMENT: A 10 foot wide water main easement, located in part of Lot One of SOUTHTOWN SUBDIVISION, and part of PARCEL H as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, (also part of Lot 2 of pending LINK SUBDIVISION) located in part of the Northeast Quarter of the Northwest Quarter (NE/NW) of Section 14, Town 83 North, Range 24 West, City of Ames, Story County, Iowa lying five feet either side of the following described centerline: Commencing at the Southwest corner of said Lot 1; thence along the West line thereof, N00001'24"W 159.89 feet to the point of beginning; thence S89059'19"E 266.08 feet; thence N00°00'41"E 9.59 feet; thence S00°00'41"W 9.59 feet; thence S89059'19"E 160.77 feet; thence N00°00'41"E 9.59 feet to the point of terminus of said centerline.