HomeMy WebLinkAboutA006 - Public Utility Easement Grant dated October 6, 2006 4 }
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c /4- Instrument:2006 00013149
CIO M 6ate:Oct 26r2006 03:10:04P
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H b Filed for record in Story Countgr Iowa
Go Susan L. Vande Kamar County Recorder
Prepared by and after recording return to: Christopher K Pose,317 Sixth Avenue,Suite 300,Des MoinesJA 50309.
PUBLIC UTILITY EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that Hy-Vee, Inc., 5820
Westown Parkway, West Des Moines, Iowa does hereby grant the CITY OF AMES,
IOWA,the perpetual right to the following described easements:
A. -General Utility Easement. Hy-Vee, Inc., grants to the City of Ames, Iowa, the
right to construct, reconstruct, maintain and use its electric 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 Hy-Vee Subdivision,First Addition,Ames,Iowa:
Easement Area
A part of Lot 1 of the Hy-Vee Subdivision, First Addition in the City of Ames, Story
County, Iowa in the Northeast Quarter of Section 8, Township 83 North, Range 24 West
of the 5th P.M., City of Ames, Story County, Iowa all being more particularly described
as follows: The south 10.00 feet of said Lot 1;
AND
The west 10 feet of said Lot 1 and east 10 feet of Lot 1.
Hy-Vee, Inc.;��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.
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B. General Terms and Conditions. Hy-Vee, Inc., its successors and assigns, shall
not:
1. Erect any structures over or within the easement area without obtaining
the prior written approval of the City Engineer.
2. 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.
3. Change grade, elevation or contour of any part of the easement area
without obtaining the prior written approval of the City Engineer.
C. 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 to
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
2. the right to improve, repair and maintain the easement area.
D. The foregoing rights are granted upon the express condition that users of the
granted rights will assume liability for all damage to the hereinbefore described real
estate and adjoining real estate caused by failure to use due care in the exercise of the
granted rights.
Dated this sixth day of October, 2006.
Hy-Vee, Inc.
By:
Richard . Jurge s, esident
By:
Step Meyer, Secr
STATE OF IOWA, POLK COUNTY ss:
This instrument was acknowledged before me this day of October, 2006 by
Richard N. Jurgens, President and Stephen Meyer, Secretary of Hy-Vee, Inc..
Q)azi" z
Notary Pu c in and for State otWowa
o�P%k%A s9 JULIE L. JENSEN
z , COMMISSION NO. 123588
a MY COMMISSION EXPIRES
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