HomeMy WebLinkAboutA005 - Easement dated July 21, 2005 Co
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o g fPinstrument:2005- 00009848
in n Date:Aus 12Y2005 11:46:02A
o ¢ D Rec Fee: 15.00 E-Com Fee: 1.00
H c i G Aud Fee: .00 Trans Tax: .00
N Rec fianasement Fee: 1.00
S d HN-Standard Pase Fee: .00
c Filed for record in Stors Count9i Iowa
Susan L. Vande Kamer County Recorder
INSTRUMENT PREPARED By TDavid W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel:233-3000)
RETURN DOCUMENT To: I David W.Benson, 1416 Buckeye Ave.,Ames IA 50010
EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned,Hickory Park,Inc.,
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 East Hickory Park Subdivision,
Ames,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.
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
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 July
2005.
HICKORY PARK, C.
(Print name and tt e)
STATE OF IOWA,COUNTY OF STORY, SS:
This instrument was acknowledged before me on JV Z f 2005, by David
Wheelock,as President of Hickory Park,Inc. t
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Notary Public
p_SIAC DAVID W. BENSON
COMMISSION NO. 111230
MY COMMISSION EXPIPES
/OWN K—Z�-zoos
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East Hickory Park Subdivision
Ames, Story County, Iowa
Easement Descriptions
SCHEDULE 'A" ':"
Public Utility Easement:
Lot 1: South 10.00 feet
West 10.00 feet
North 10.00 feet
Northeasterly 10.00 feet
East 40.00 feet
Outlot A: South 10.00 feet adjacent to South 16"' Street right of way
East 25.00 feet
ti.SCHEDULE "B"
Sanitary Sewer Easement:
Outlot A: Lying east of the following described line: Beginning at a point on the
south line of Outlot A 20.00 feet west of the Southeast Corner thereof;
thence N00°15'03"W, 665.97 feet to a point on the north line of said
Outlot A, 22.32 feet west of the Northeast Corner thereof, and there
terminating.
Lot 1: Lying east of the following described line: Beginning at a point on the
south line of Lot 122.32 feet west of the Southeast Corner thereof; thence
N00°15'03"W, 98.92 feet; thence N18°20'37"E, 390.61 feet to a point on
the north line of said Lot 1, 44.10 feet northwesterly of the Northeast
Corner thereof, and there terminating.
Pie 3