HomeMy WebLinkAboutA003 - Easement Grant dated June 15, 2015 lnstrwiek:2
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Filed for record in Ictorg Countuy Iowa
Stacie L. flerridget Comb Recorder
Space above for recording data
By&Return To: CraI2 R.Hastings,Att'y at Law,409 Duff, Ames, 1A 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, Eighth Addition to Ames, Iowa:
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
Lot 9 North 10 feet and the South 5 feet
Easement Grant p. 2
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
Lot 13 North 10 feet and the South 5 feet
Lot 14 North 10 feet and the East 10 feet and the South 5 feet
Lot 15 East 5 feet and the West 10 feet
Lot 16 East 5 feet and the West 10 feet
B. 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.
C. 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.
Easement Grant
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,
D. 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 ��day of
Pinnacle Prope ies Am s, L L.C.
By ;
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on ..z 2015 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C..
Christine M. ylcr
1i' ,'' Cornanissinn Nurnbe .flsl@t� e here:
h9 Camrrrrssiorr Expires -t ( 1 :s f x^ G
",h PhY 01,201s Notary Public in and for said State and County