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HomeMy WebLinkAboutA004 - Easement Agreement dated October 20. 2014 DO NOT WRITE [N THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Pre ared By& Return to: Craig R. Hastings,Att'y at Law,409 Duff,Ames, IA 50010 515 232-2501 EASEMENT AGREEMENT KNOW ALL PERSONS BY THIS INSTRUMENT that WESTWOOD CO-OP, INC., Owner does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements: A. Existing Easements. The following easements already exist and will continue to exist after the platting: Recorded Bk/Pg or To For Lots Affected Inst. No. (of prior plat) 6.30.87 253/218 Residents of Ingress/ Parts Lots 1, Westwood Village Egress 4, and 5 6.30.87 253/220 Residents of Ingress/ Parts Lots 4, Westwood Village Egress 5, and 6 6.30.87 253/221 City of Ames Utilities Parts Lots Replaced by: 9.23.94 94-10541 City of Ames Utilities Parts Lots 1 , 2, and 6 9.23.94 94-10540 Residents of Driveway, Parts Lots Westwood Village Sidewalk, 4,5, and 6 Recreation B. Water Main Easement. An easement for water main under the following described real estate: A strip of land 10.00 feet in width across Lot 3, Westwood Village, Plat 2, City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerline, and extended to or bounded by the lot lines of said Lot 3: Beginning at a point on the East line of said Lot 3 which is 39.21 feet north of the Southeast Corner thereof; thence S78027'49"W, 103.05 feet; thence S70°00'10"W, 30.47 feet to the southerly line of said Lot 3, and there terminating. C. Electrical Facilities Easement. An easement for electrical facilities on and under the following described real estate: A strip of land 10.00 feet in width across Lot 3, Westwood Village, Plat 2, City of Ames, Story County, Iowa, being situated 5.00 feet on each side of the following centerline, and extended to or bounded by the lot lines of said Lot 3: Beginning at a point on the East line of said Lot 3 which is 24.00 feet north of the Southeast Corner thereof; thence N83018'43"W, 18.25 feet; thence S85°52'01 "W, 126.51 feet to a point on the southerly line of said Lot 3, and there terminating. D. General Terms and Conditions. Owner, its successors and assigns, shall not: 1. erect any structures over or within the easement area without obtaining the prior written approval of the City Engineer. 2. 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. 3. change grade, elevation or contour of any part of the easement area without obtaining the prior written approval of the City Engineer. E. 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 to 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 2. the right to improve, repair and maintain the easement area. F. The foregoing rights are granted upon the express condition that users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated 2- 0 , 2014 Westwood Co-op, Inc. by CL 14 ,_L� Brent Haverkamp, Preside STATE OF IOWA, COUNTY OF STORY ) This instrument was acknowledged before me on 2014 by BRENT HAVERKAMP as PRESIDENT of WESTWOOD CO-OP, INC.. JOYCE A FRERICHS Notar u lic in and for said State and County Commission Number 759M mission Expires