HomeMy WebLinkAboutA012 - Easement Grant dated December 2, 2016 r
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V o Instrument:2016- 00013025
ate: 'uP.vt716 GDec 2 2 7 7
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�o" Filed for record in Story county,-Iowa
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By&Return To: Seth D. Dodge,Aft' 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, Ninth Addition to Ames, Iowa:
PUBLIC UTILITIES EASEMENTS
The East 5 feet and the West 10 feet of Lot 1; AND,
The West 10 feet of Lot 2;AND,
The West 10 feet and the South 10 feet of Lot 3; AND,
The South 10 feet of Lot 4;AND,
The South 10 feet and the East 5 feet of Lot 5;AND,
The North 10 feet,the East 5 feet,and the South 5 feet of Lot 6; AND,
The North 10 feet and the South 5 feet of Lot 7; AND,
The North 10 feet and the South 5 feet of Lot 8; AND,
Easement Grant p. 2
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 South 10 feet and the East 10 feet of Lot 12;AND,
The North 5 feet and the East 10 feet of Lot 13;
ALL IN,South Fork Subdivision,Ninth Addition,City of Ames,Story County,Iowa.
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.
f Easement Grant p 3
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 Z day of &. 12016.
Pinnacle Properties Ames C.
By
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on �e�Cb� 2016 by KEITH
ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C..
Print name here: kj •V �qyf V.4,`1
201A1 I?, Keri K Navratil Notary Public in and for said State and County
Commission Number 799542
* * My Commission Expires
1pWp September 29, 2019
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