HomeMy WebLinkAboutA009 - Easement Grant Iastrweat 12014-
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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. PUBIC 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, Sixth Addition to Ames, Iowa:
The North 10 feet of Lot 1; AND,
The Northerly 10 feet of Lot 2;AND,
The Northerly 10 feet of Lot 3;AND,
The Westerly 10 feet and the North 10 feet and the East 5 feet of Lot 4;AND,
The East 10 feet and the West 5 feet of Lot 5;AND,
The East 10 feet and the South 10 feet and the West 5 feet of Lot 6;AND,
The Westerly 10 feet and the South 15 feet and the East 5 feet of Lot 7;AND,
The West 10 feet and the East 5 feet of Lot S.
Easement Grant p_2
B. PUBLIC WALKWAY EASEMENT. The Owner grants to the City of Ames, Iowa, a
public walkway easement over the following areas:
LOT 1
A 10 foot wide easement centered on a line beginning at a point 195.96 feet South of the
Northwest corner of Lot 1 along the West line of Lot 1;thence S64�38'17"E,8758 feet to the
West line of Lot 2 with sidelines extended or subtended to terminate at the West line of Lot 2;
AND,
LOT
A 10 foot wide easement centered on a line beginning at a point 233.77 feet South of the
Northwest corner of Lot 2 along the West line of Lot 2;thence S64°38'17"E,30.96 feet;thence
S58°19'25"E,6926 feet to the West line of Lot 3 with sidelines extended or subtended to
terminate at the West line of Lot 3;AND,
Lot 3
A 10 foot wide easement centered on a line beginning at a paint 25728 feet South of the
Northwest corner of Lot 3 along the West line of Lot 3;thence S58°19'25"E,34.63 feet;thence
S71°10'09"E,20.87 feet;thence S80°34'20"E,25.17 feet; thence S66°26'1T'E,2.25 feet to the
West line of Lot 4 with sidelines extended or subtended to terminate at the West line of Lot 4;
AND,
Lot 4
A 10 foot wide easement centered on a line beginning at a point 96.76 feet North of the SE1/4-
SW1/4-SW1/4-NW1/4 of Section 8-83-24 along the East line of Lot 4,thence S75°18'01"W,
l0:rr 8 feet;thence N86°46'33"W,20.64 feet;thence N66°26'17"W,49.32 feet to the East line of
Lot 3 with sidelines extended or subtended to terminate at the East line of Lot 3.
Lot 7
The South 15 feet of Lot 7;
The City may surface these public walkway easements but the owners of the lots shall
not be required to do so.
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.
P.
Easement Grant p. 3
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
granted rights, and will indemnify and hold the Grantors harmless of any liability by the
use of the easement rights granted.
AJ6 Vs-r-
Dated this__7 day of 2014.
Pinnacle Properti..�AmP, L .C.
By f
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on 0� Clt 2014 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.OJ
Christine M. Ta}Apirlt n me here: .�ST i �E �1 - T� —{0 2
Commission Number 758122
* * My Commission--xpires Notary Public in and for said State and County
May 1, 2015
� . 3