HomeMy WebLinkAboutA007 - Utility Easement Grant dated October 7, 2006 VI'tInstrument:200G- OO�D13200
Date:Dct 26.2006 03:10:31P
D Rec Fee: .15.00 E-Con Fee: 1.00
Aud Fee: .00 Trans Tax! .00
Rec Hanasenent Fee: 1.00
Non-Standard Pase Fee: .00
Filed for record. in Story Countya Iowa
Susan L. Vande Kampr County Recorder
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Pre aced by and after recording retum to: Christopher R.Pose,317 Sixth Avenue,5u]t6 300,Des Moines,]A 50309
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 I 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: Beginning at the Northwest Corner of said Lot
1; thence northeasterly, 93.24 feet along said carve concave to the southeast,
having a radius of 1432.50 feet and a central angle of 3°43'45" and being
subtended by a chord which bears N74012'59''E, 93.22 feet to a point 50.00 feet
south measured'perpendicular to the centerline of Lincoln Way, said line also
being the north line of said Section 8; thence S88044'1I"E, tangent to said curve,
298.43 feet parallel with the north line of said Section 8 to the beginning of a
curve tangent to said line; thence easterly, southeasterly and southerly, 23.27
feet along the curve concave to the southwest, having a radius of 15.00 feet and
a central angle of 88°54'09" and being subtended by a chord which bears
S44017'06"E, 21.01 feet; thence S00009'58"W tangent to said curve, 2.93 feet;
thence departing the boundary of said Lot 1 N82°09'38"W, 24.13 feet; thence
N84°35'02"W, 75.55 feet to the beginning of a curve; thence westerly, 310.98
feet along said curve having a radius of 1382.50 feet, concave to the south, and
a central angle of 12053'17" and being subtended by a chord which bears
S78007'54"W, 310.33 feet; thence N00005'38"E, 52.59 feet to the point of
beginning, containing 0.27 acres.
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.
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 day of October, 2006.
Hy-Vee, Inc.
By:
Richard a,PBy:
Stephe ,
STATE OF IOWA, POLK COUNTY ss:
This instrument was acknowledged before me this day of October, 2006 by
Richard N. Jurgen,President and Stephen Meyer, Secretary of Hy--Vee, Inc..
Notary P lic in and for Stat f Iowa
ar.c s JULIE L. JENSEN
A `v COMMISSION NO. 123533
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MY COMM SS ON EXPIRES
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