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Home My WebLink AboutA009 - Easement Grant Instrument:2012- 00015726 �l M Date:Dec 27r2012 03:00:38P V) D Rec Fee: 20.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 g Rec Management Fee: 1.00 Hon-Standard Page Fee: .00 T Filed for record in Story County, Iowa Susan L. Vande Kamer County Recorder �w �r N Qp N W Space above for recording data By&Return To:Craig R.Hastings,Atty at Law,409 Duff Ames IA 50010 515 232-2501 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that PINNACLE PROPERTIES AMES, L.L.C. (the Owner) does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A. PUBLIC UTILITY EASEMENT. The Owner grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its public utility 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 South Fork Subdivision, Third Addition to Ames, Iowa: Lot Easement Area 1 North 10 feet, West 5 feet 2 North 10 feet 3 North 10 feet 4 North 10 feet 5 East 5 feet, South 10 feet, Westerly 10 feet 6 East 5 feet, Westerly 10 feet 7 Northerly 5 feet, Easterly 5 feet, Westerly 10 feet 8 Northerly 5 feet, Northeasterly 5 feet, Westerly 10 feet Southerly 5 feet 9 North 10 feet, Easterly 10 feet, West 5 feet 10 Easterly 10 feet, West 5 feet, South 10 feet The Owner further grant 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. Easement Grant P. 2 B. PUBLIC WALKWAY EASEMENT. The Owner grants to the City of Ames, Iowa, the right to a public walkway across the following described real estate, all within all within South Fork Subdivision, Third Addition to Ames, Iowa: Lot Easement Area Lot 2 East 5 feet Lot 3 West 5 feet C. STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT. The Owner grants to the City of Ames, Iowa an easement for storm sewer and surface water flowage upon, underground, over or across the following described real estate, all within South Fork Subdivision, Third Addition to Ames, Iowa: That Portion of Lot 10, South Fork Subdivision, Third Addition, City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Southwest Corner of said Lot 10; Thence N 000 14' 40" W, 153.33 Feet along the West Line of said Lot 10; Thence N 510 51' 35" E, 181.23 Feet to the Easterly Line of said Lot 10; Thence 65.93 Feet along a 437.61 Foot Radius Curve, Concave Easterly, Delta 80 37' 56", with a Long Chord that bears S 170 27' 13", 65.87 Feet, Thence S 210 52' 43" E 26.59 Feet to a 370 Foot Radius Curve, Concave Westerly, Delta 21° 40' 02", with a Long Chord that bears S 110 03' 42" E, 139.09 Feet; Thence S 00° 12' 41" W, 40.48 Feet to the Southeast Corner of said Lot 10; Thence S 89° 46' 59" W, 198.28 Feet along the South Line of said Lot 10 to the Point of Beginning. D. GREENBELT/OPEN SPACE EASEMENT. The Owner grants to the City of Ames, Iowa an easement for greenbelt and open space upon, over or across the following described real estate, all within South Fork Subdivision, Third Addition to Ames, Iowa: That Portion of Lot 1, More particularly described as follows: Beginning at the Southeast corner of said Lot 1; Thence N 800 07' 23" W, 87.35 Feet along the Southerly line of said Lot 1 to the Southwest comer of said Lot 1; Thence N 00° 12' 41" W, 67.37 Feet along the West Line of said Lot 1; Thence S 680 38' 48" E, 92.47 Feet to the East Line of said Lot 1; Thence, S 000 12' 41" E, 48.68 Feet along the East Line of said Lot 1 to the Point of Beginning. That Portion of Lot 2, More particularly described as follows: Beginning at the Southeast Corner of said Lot 2; Thence N 64° 34' 43" W, 13.07 Feet along the Southerly Line of said Lot 2; Thence S 700 16' 12" W, 39.50 Feet along the Southerly Line of said Lot 2; Thence N 540 55' 10" W, 22.48 Feet along the Southerly Line of said Lot 2; Thence N 080 27' 17" W, 35.78 Feet along the Southerly Line of said Lot 2; Thence N 800 07' 23" W, 9.73 Feet along the Southerly Line of said Lot 2 to the Southwest Corner of said Lot 2; Thence N 000 fq 1 2 Easement Grant p• 3 12' 41" W, 48.68 Feet along the West Line of said Lot 2; Thence S 68° 38' 48" E, 4.20 Feet; Thence S 87° 06' 56" E, 78.27 Feet to the East Line of said Lot 2; Thence S 000 12' 41" E, 85.46 Feet along the East Line of said Lot 2 to the Point of Beginning. That Portion of Lot 3, More particularly described as follows: Beginning at the Southeast Corner of said Lot 3; Thence N 380 10' 08" W, 36.18 Feet along the Southerly Line of said Lot 3; Thence N 870 07' 41" W, 49.30 Feet along the Southerly Line of said Lot 3; Thence N 640 34' 43" W, 8.34 Feet along the Southerly Line of said Lot 3 to the Southwest Comer of said Lot 3; Thence N 000 12' 41" W, 85.46 Feet along the West Line of said Lot 3; Thence S 87° 06' 56" E, 7.88 Feet; Thence S 82' 15' 25" E, 71.82 Feet to the East Line of said Lot 3; Thence S 000 12' 41" E, 109.88 Feet along the East Line of said Lot 3 to the Point of Beginning. E. GENERAL CONDITIONS. All such easements are granted according to the following terms and conditions. 1. The Owner, 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. 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. F. 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. P5,-? Easement Grant P. 4 ' s 3. the right to enforce through appropriate legal action any of the obligations assumed by the Owner of the lots in the subdivision under this Easement Grant. G. 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, and will indemnify and hold the Grantors harmless of any liability by the use of the easement rights granted. Dated this day of &L , 2012. Pinnacle Propertills AmeC. By '��K� cu-, Keith Arneson, Manager STATE OF IOWA,COUNTY OF STORY) This instrument was acknowledged before me on 2012 by KEITH ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C.. Print name here: Notary Public in an f r said State and Co ty $�eint f Craig R. Hastings * * commission Number 139821 Iowa My commission Expires June 26,2013