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HomeMy WebLinkAboutA010 - Easement Grant dated August 10, 2009 a rbstruffient-2009- 00010709 Date:Aus 20►2009 12:05:19F D Rec Fee: 15.00 E-Con Fee: 3.00 G Aud Fee: .00 Trans Tax: .00 Rec Hanasenent Fee: 1.00 tlon-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kamp, County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:_Sandi Risdal,Executive Director,401 Clark Ave.,Suite 100,Ames,IA 50010(Phone:515-232-8815) Return to: Sandi Risdal,Habitat for Humanity of Central Iowa,401 Clark,Ames,IA 50010 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that Habitat for Humanity of Central Iowa, Inc., does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements: A. General Utility Easement. Habitat for Humanity of Central Iowa, 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 Acts Subdivision,Ames, Iowa: Lot No. Easement Area Lot 1 The North 5 feet and the West 10 feet Lot 2 The South 5 feet and the West 10 feet Habitat for Humanity of Central Iowa, 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. All such easements are granted according to the following terms and conditions. 1. Habitat for Humanity of Central Iowa, Inc., its 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. c 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 electric lines, consisting of poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment within the said easement area described above in a safe and prudent manner. It shall also restore the Easement areas in a good and workmanlike manner, including but not limited to restoration of lawns by sodding or seeding, and restoration of driveways damaged by the City as nearly as possible to original condition. C. 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 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. E. Liability. 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 and will indemnify and hold the Grantors harmless of any liability by the use of the easement rights granted. 'ease Z- c Dated this 10 day of Habitat for Humanity of Central Iowa, Inc. 01 By /e' ABy Sue Crull, Vice President od TopplZrTreasurer STATE OF IOWA, STORY COUNTY This instrument was acknowledged before me on &U, _ / oaa ,by Sue Crull as Vice President of Habitat for Humanity of Centre Iowa, Inc. LINDA M.LANG Notary Public in and for said St to and County Commission Number 196265 ssI PA Com ion Expires f el STATE OF IOWA, STORY COUNTY This instrument was acknowledged before me on i C) by Rod Copple as Treasurer of Habitat for Humanity of Central IoA, Inc. Notary Public in and for sa' State and County law/00 HIEDI POKORNY �lbw J58Aq