HomeMy WebLinkAboutA018 - Easement Grant r
o Instrument:2013- 00008325
M Date:Jul 12►2013 03:39:03P
g rrD Rey_ Fee: 15.00 E-Cosa Fee: 1.00
stud Fee: -00 Trans Tax: .00
o /fps Ret- Management Fee: 1.00
F Won-Standard Pose Fee: .00
.� Filed for record in Story County► Iowa
Susan L. Vande Kampr County Recorder
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By&Return To: Craig R. Hastings,Att'y 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
Lot 1 North 5 feet and the South 10 feet
Lot 2 North 5 feet and the.South 10 feet
Lot-3 North 5 feet and the South 10 feet
Lot 4 North 5 feet and the South 10 feet
Lot 5 North 5 feet and the South 10 feet
Lot 6 North 5 feet and the South 10 feet
Lot 7 North 10 feet and the South 5 feet
Lot 8 North 10 feet and the South 5 feet
,Easement Grant P. 2
Lot 9 North 10 feet and the South 5 feet
Lot 10 North 10 feet and the South 5 feet
Lot 11 North 10 feet and the South 5 feet
Lot 12 North 10 feet and the South 5 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.
B. PUBLIC WALKWAY EASEMENT. The Owner grants to the City of Ames, Iowa, the
right to a public walkway across the fallowing described real estate, all within all within
South Fork Subdivision, Third Addition to Ames, Iowa:
Lot Easement Area
Lot 4 East 5 Feet
Lot 5 West 5 Feet
Lot 10 East 5 Feet
Lot 11 West 5 Feet
C. 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
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tEasement Grant p. 3
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.
D. 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 Owner of the lots in the subdivision under this Easement Grant.
E. 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 2 � day of y-t-,A 2013.
Pinnacle Pro ies m , L.L.C.
By I'll�
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY) /
This instrument was acknowledged before me on , 2013 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C.
Print name here: I
Notary Public in and for said State a� County
2oti01ks� Craig R. Hastings
Commission Number 139821
* * My Commission Expires
iowP June 26, 2016