HomeMy WebLinkAboutA010 - Easement Grant Instrument:2014- 0000 6239
Date:Ju1 24,2014 02:58:49P
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Filed for record in Story Countsi Iowa
Susan L. Vande Kamp, County Recorder
Space above for recording data
By & Return To: Craig R. Hastings,Affy 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, Seventh Addition to Ames,
Iowa:
The North 10 feet and the East 10 feet and the South 5 feet of Lot 1; AND,
The North 10 feet and the West 10 feet and the South 5 feet of Lot 2; AND,
The North 10 feet and the South 5 feet of Lot 3; AND,
The West 5 feet and the South 5 feet and the Northeasterly 10 feet of Lot 4; AND,
The North 5 feet the and the Easterly 10 feet and the South 10 feet of Lot 5; AND,
The Southwesterly 10 feet and the Northerly 5 feet and the Northeasterly 5 feet of Lot 6;
AND,
The Westerly 10 feet and the South 10 feet and the North 5 feet of Lot 7; AND,
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Easement Grant 2
The South 10 feet and the North 5 feet of Lot 8; AND,
The North 10 feet and the South 5 feet of Lot 9; AND,
The North 10 feet and the South 5 feet of Lot 10; AND,
The North 10 feet and the South 5 feet of Lot 11; AND,
The North 10 feet and the South 5 feet of Lot 12; AND,
The North 10 feet and the South 5 feet of Lot 13; AND,
The North 10 feet and the South 5 feet of Lot 14; AND,
The North 5 feet and the South 10 feet of Lot 15; AND,
The North 5 feet and the South 10 feet of Lot 16; AND,
The North 5 feet and the South 10 feet of Lot 17; AND,
The North 5 feet and the South 10 feet of Lot 18; AND,
The North 5 feet and the South 10 feet of Lot 19; AND,
The North 5 feet and the South 10 feet of Lot 20; AND,
The North 5 feet and the South 10 feet of Lot 21
B. STORM SEWER EASEMENT. The Owner grants to the City of Ames, Iowa, the right
for storm sewer line beneath the following described real estate, all within all within
South Fork Subdivision, Seventh Addition to Ames, Iowa:
That portion of Lot 6, South Fork Subdivision, Seventh Addition to the City of Ames,
Story County, Iowa, more particularly described as follows:
Commencing at the Southeast corner of Said Lot 6, Thence S52°21'18" W, 120.70 Feet
along the Southeast line of Said Lot 6 to the Point of Beginning; Thence continuing
S52021'18"W, 41.02 Feet along the Southeast line of Said Lot 6; Thence S66027'56"W,
46.97 Feet to the Southwesterly line of Said Lot 6; Thence 10.13 Feet along the
Westerly line of Said Lot 6 along a 380.88' Radius, Concave Westerly, with a long
Chord that bears N32032'20"W, 10.13 Feet; Thence N66°27'56" E, 88.33 Feet to the
Point of Beginning.
That portion of Lot 7, South Fork Subdivision, Seventh Addition to the City of Ames,
Story County, Iowa, more particularly described as follows:
Easement Grant 3
Commencing at the Northwest corner of Said Lot 7, Thence S52°21'18"W, 120.70 Feet
along the Northwesterly line of Said Lot 7 to the Point of Beginning; Thence continuing
S52021'18"W, 41.02 Feet; Thence N66°27'56"E, 141,59 Feet to Northerly line of Said
Lot 7, Thence 17.88 Feet along an 86.0 Foot Radius Curve, Concave Northerly, with a
Long Chord that bears N79027'30"W, 17.85 Feet; Thence S66027'56"W, 128.40 Feet to
the Point of Beginning.
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
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
Easement Grant p 4
granted rights, and will indemnify and hold the Grantors harmless of any liability by the
use of the easement rights granted.
Dated this 2 5day of LT�- 2014.
Pinnacle Propertie Ames, G.
By
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY) n
This instrument was acknowledged before me on_ \YjLVi_�5 2014 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, l)L.C..
Print name here.
Ipp
Notary Public in and for said Stateland County
Craig R. Hastings
Commission Number 139821
* * My Commission Expires
June 26, 2016