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HomeMy WebLinkAboutA005 - Easement Grant dated May 17, 2016 a Uo S instrument:201f- 00n0iiE213 Date:.-Jul 05,2016 02:35:00P D Rec Fee: 15.00 E-Com Fee: 1.00 r� Aud Fee: _A0 Trans Tax.: .00 F'ec Oanasement Fee: 1.00 E° kn-Standard Page fee: E Filed for record in Story C:aunty, Iowa az 5l,acie L. Herrid3e, Caunty Recorder �W!9 Pa N W N r w Space above for recording data Pre ared By and Return To: Alex P.Gal on, P.O. Box 1723,Ames,IA 50010 515-233-8850 EASEMENT GRANT KNOW ALL PERSONS BY THIS INSTRUMENT that GW LAND HOLDINGS, LLC, does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following described easements. A. GENERAL PUBLIC UTILITY EASEMENT. GW Land Holdings, LLC, grants to the City of Ames, Iowa, the right to construct, reconstruct, maintain and use its electric 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 Crane Farm Subdivision, First Addition, Ames, Story County, Iowa: Lot No. Easement Area Lot 1 Northerly 10 feet; Outlot A Northerly 10 feet. GW Land Holdings, LLC, further grants to the City of Ames, Iowa, the right to permit other utility companies to construct and, in the same manner, maintain its utility facilities, jointly or severally upon, underground, over or across the real estate as described above. B. Storm WATER FLOWAGE AND STORM SEWER EASEMENT. GW Land Holdings, LLC, grants to the City of Ames, Iowa, the right to have surface water flow across the following described real estate: Easement Grant P. 2 That Portion of Lot 1 more particularly described as follows: Commencing at the Northeast corner of Lot 1; Thence S 00°10'14" W, 431.30 feet along the East line of Lot 1 to the Point of Beginning; Thence S 55'02'11" W, 297.51 feet; Thence S 67°55'31" E, 262.24 feet to the Southeast corner of Lot 1; Thence N 00°10'14" E, 269.05 feet along the East line of Lot 1 to the Point of Beginning, for a total of 32,730 Square Feet; AND, That Portion of Lot 1 more particularly described as follows: Commencing at the Northeast corner of Lot 1; Thence N 89°44'24" W, 111.12 feet along the North line of Lot 1 to the Point of Beginning; Thence S 00°00'56" E, 362.45 feet; Thence S 55°18'50" W, 63.41 feet; Thence S 56°56'53" E, 129.45 feet; Thence S 55002'11" W, 21.57 feet; Thence N 56°56'53" W, 151.17 feet; Thence N 55'18'50" E, 82.72 feet; Thence N 00°00'56" W, 352.06 feet to the North line of Lot 1; Thence S 89044'24" E, 20.00 feet along the North line of Lot 1, to the Point of Beginning, for a total of 11,420 square feet; All of Outlot A; All within, Crane Farm Subdivision, First Addition, City of Ames, Story County, Iowa. c.. Pedestrian Access Easement. GW Land Holdings, LLC, grants to the City of Ames, Iowa, the rights of pedestrian access across the following described real estate: All of Outlot A, Crane Farm Subdivision, First Addition, City of Ames, Story County, Iowa. D_ PRE-EXISTING WATER MAIN EASEMENT. The City of Ames owns existing easements for water main purposes recorded April 23, 2001 as Inst. No. 01-04680, April 23, 2001 as Inst. No. 01-04682, and April 23, 2001 as Inst. No. 01-04683. These easements affect the land designated as Mortensen Road pursuant to the Final Plat for Crane Farm Subdivision, First Addition, City of Ames, Story County, Iowa. E. GENERAL CONDITIONS. All such easements are granted according to the following terms and conditions. 1. GW Land Holdings, LLC, 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. -T). Easement Grant P. 3 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. F. 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 owners of the lots in the subdivision under this Easement Grant. G. 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 /��L�-day of May, 2016. GW LAND HOLDINGS, LLC by _ /, . r Alex P` Galyon, Man ger STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on May , 2016 by Alex P. Galyon as MANAGER of GW LAND HOLDINGS, LLC. JENNY ARENDS a�T-Commission Number 782142 G1 L� My Commission Expires I � -t'n Ok O1N January 14,2017 Notary Public n and for said State and County j l