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HomeMy WebLinkAboutA010 - Easement Grant Instrument:2014- 0000 6239 Date:Ju1 24,2014 02:58:49P D Rer Fee: 20.00 E-Car Fee: 1.00 G` Aud Fee: .N Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 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, 1 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