HomeMy WebLinkAboutA007 - Easement Abandonment and Grant dated May 15, 2006 - s
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Instrument:2006- 00006950
fl Date:Jun 15r2006 12:49:50P
D Pet Fee: 15.00 E-Con Fee: 1.00
®N Aud Fee: .00 Trans Tax: .00
e � Rec Management Fee: 1.00
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6 Filed for record in Story Counter Iowa
M Q Susan L. Vande Kamp County Recorder
M
Space above for recording data
Prepared by and Return To: Craig R.Hastings,Att'y at Law,409 Duff, PO Box 1794,Ames, IA 50010
515 232-2501
EASEMENT ABANDONMENT AND GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that SOUTH DAYTON
DEVELOPMENT, L.C., and RADHE, INC., do hereby grant the CITY OF AMES, IOWA,
the perpetual right to the following described easements.
A. GENERAL UTILITY EASEMENT. SOUTH DAYTON DEVELOPMENT, L.C., and
RADHE, INC., grant to the City of AMES, Iowa, an easement for surface water flowage,
over or across the following described real estate, all within SOUTH GATEWAY
DEVELOPMENT, PLAT 2, AMES, IOWA:
Lot No. Easement Area
3 The West 25 feet of the South 22 feet
B. ABANDONMENT OF PRIOR EASEMENTS. SOUTH DAYTON DEVELOPMENT, L.C.,
RADHE, INC., and the City of Ames, Iowa, agree that the easements previously
granted the City of Ames, Iowa and previously described as shown below are hereby
abandoned:
Lot No. Easement Area Abandoned
9 of South Gateway Development East 25 feet
10 of South Gateway Development West 25 feet
C. CONFIRMATION OF OTHER EASEMENTS. SOUTH DAYTON DEVELOPMENT, L.C.,
RADHE, INC., and the City of Ames, Iowa, agree that all other easements previously
granted the City of Ames, Iowa and shown on the Plat of South Gateway Development,
Ames, Iowa, shall remain in effect.
+ Easement Grant p 2
D. GENERAL CONDITIONS. All such easements are granted according to the
following terms and conditions.
1. SOUTH DAYTON DEVELOPMENT, L.C., and RADHE, INC., their
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 utility lines and equipment within the said
easement area described above in a safe and prudent manner.
E 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.
F. 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 Grant p. 3
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Dated this 15, ' day of May, 2006.
SOUTH DAYTON DEVELOPMENT, L.C. RADHE, INC.
by V4by
Brent Haverkamp, Manager /" Arvind B. Patel, President
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on May�h2006 by BRENT
HAVERKAMP as MANAGER of SOUTH DAYTON DEVELOPMENT, L.C..
LYNCommission SUE umberN70AM �Z
My commission Ex ires � —
oW '�a Notary Public in and for said State and County
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on May /,,5—fh 2006 by ARVIND
B. PATEL as PRESIDENT of RADHE, INC..
Notary Public in and for said State and County
o� s LYNETTE SUE FARNHAM
_ Commission Number 703319
ow My Commission Expires