HomeMy WebLinkAboutA006 - Easement for distributing electricity and other general utilities, sanitary sewer system, storm sewer system, surface water flowage or drainage, walkway paths r
/ Instrument: 20050G002333
e: 02:
1/ Date: 03-09-2G05 Time: Oc':32:Ofi ps.
Rec Fee: 16.00 E-Co■ Fee: 1.00
Aud Fee: .00 Trans Tax: .00
for Reco
in STORY COUNTY I
0 �
SUSAN L. VANDErKAMP,COUNTY RECORDER
RETURN To#-
INSTRUMENT PREPARED Bv: I David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel:233-3000
EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, Airport Road
Developers, L.C., an Iowa Limited Liability Company, hereinafter referred to as the GRANTOR,
for good and valuable consideration, does hereby grant unto the City of Ames, Iowa, a municipal
corporation, its successors and assigns, hereinafter referred to as the GRANTEE, upon the
conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as
the Easement Area to construct, reconstruct, cover over, clean up, operate, use, maintain and
repair the systems described for the uses set forth hereinafter over, upon, across and under the
Easement Area. The Easement Area is a strip of land situated in Story County, Iowa, as shown
on the final plat drawing of Airport Road Subdivision,Third Addition,Ames, Story County,
Iowa,and described as follows:
For use in distributing electricity and such other general utilities as may be
distributed under franchise of the City of Ames, Iowa: The real property shown
on Schedule"A"attached hereto and by this reference made a part hereof.
For use of a sanitary sewer system: The real property shown on Schedule "B"
attached hereto and by this reference made a part hereof.
For use of a storm sewer system: The real property shown on Schedule "C"
attached hereto and by this reference made a part hereof.
For use of surface water flowage or drainage: The real property shown on
Schedule"D"attached hereto and by this reference made a part hereof.
For use of walkway paths: The real property shown on Schedule "E" attached
hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantee subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the
underlying real estate,and the Grantor's successors and assigns, shall not erect or place within the
Easement Area any building or other structure or improvement or any trees, shrubs or other
landscape plantings other than grass or comparable ground cover except with the prior written
consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs
within the Easement Area to prevent damage to a utility service line of the Grantee located within
the Easement Area.
2. SEEDING. Immediately following construction, reconstruction or repair work by
the Grantee within the Easement Area, weather and season permitting, ground area with
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previously existing grass cover that is disturbed by such work shall be planted with grass seed in
accordance with customary methods of soil preparation and planting by the Grantee.
3. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument
to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting
similar easement rights to third parties upon terms and conditions that do not impair or diminish
the rights granted under this instrument to the Grantee.
4. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds
the Easement Area by title in fee simple; that the Grantor has good and lawful authority to grant
the easement rights herein provided for, and that the Easement Area is free and clear of all liens
and encumbrances except as may be described in the Mortgagee's Subordination attached hereto.
5. CONSTRUCTION. Words and phrases used in this instrument shall be construed
as in the single or plural number, and as masculine, feminine or neuter gender, according to the
context. This instrument shall be governed exclusively by and construed in accordance with the
laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and
in no way define or limit the scope or intent of any provisions of this instrument.
IN WITNESS WHEREOF the undersigned has executed this instrument on
ry I ,2005.
AIRPORT ROAD DEVELOPERS,L.C.
By a4;,� c
Dean E. unziker,Manager
STATE OF IOWA,COUNTY OF STORY, SS:
On_-fr-Aliv 2005, before me the undersigned, a Notary Public in and for
said state, personally allpeared Dean E. Hunziker, to me personally known, who, being by me
duly sworn, did say that the person is a Manager of said LUMTED LIABILITY COMPANY
executing the foregoing instrument;that NO SEAL has been procured by the said limited liability
company;that said instrument was signed on behalf of said limited liability company by authority
of its managers and the said Dean E. Hunziker acknowledged the execution of said instrument to
be the voluntary act and deed of said limited liability company by it and by him voluntarily
executed.
Notary Public
�pPtAt s� DAVID W. BENSON
i COMMISSION NO. 111230
M`f MMI SSI OOXPIRES
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SCHEDULE "A"
General Utility Easement
Lot Number Location
1 Northeasterly 10 feet, Westerly 10 feet,
Southwesterly 10 feet, South 10 feet, and
East 10 feet
All in Airport Road Subdivision, Third Addition, Ames, Story County,
Iowa
SCHEDULE "B"
Sanitary Sewer Easement
-NONE-
SCHEDULE "C"
Storm Sewer Easement
-NONE -
SCHEDULE "D"
Surface Water Flowage or Drainage Easement
Lot Number Location
1 East 25 feet
All in Airport Road Subdivision, Third Addition, Ames, Story County,
Iowa
SCHEDULE "E"
Walkway Path Easement
-NONE -