HomeMy WebLinkAboutA008 - Easement Grant dated April 6, 2017 0
Instrument 0: 2017-04652
05/17/2017 03:34:26 PM Total Pages: 3
EASE EASEMENTS
Recording Fee: $ 17.00
Stacie Herridge, ecorder, Story County Iowa
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Wre aced By and Return To:Alex P. Gal on,P.O.Box 1723,Ames,IA 50010 515-708-1375
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that PINNACLE PROPERTIES
AMES, LLC, does hereby grant the CITY OF AMES, IOWA, the perpetual right to the
following described easements.
A. GENERAL PUBLIC UTILITY EASEMENT. Pinnacle Properties Ames, LLC, grants to
Alliant Energy, 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, Third Addition, Ames, Story
County, Iowa:
All of Outlot D, Crane Farm Subdivision, Third Addition, Ames, Story County,
Iowa.
Pinnacle Properties Ames, LLC, further grants to Alliant Energy, 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. Surface WATER FLOWAGE Pinnacle Properties Ames, LLC, grants to the City of
Ames, Iowa, the right to have surface water flow across the following described real
estate:
All of Outlot D, Crane Farm Subdivision, Third Addition, Ames, Story County,
Iowa.
Easement Grant P. 2
C. STORM SEWER EASEMENT. Pinnacle Properties Ames, LLC, grants to the City of
Ames, Iowa, the right to a storm sewer easement across the following described real
estate:
All of Outlot D, Crane Farm Subdivision, Third Addition, Ames, Story County,
Iowa.
D. Pedestrian EASEMENT. Pinnacle Properties Ames, LLC, grants to the City of
Ames, Iowa, the right to a pedestrian easement across the following described real
estate:
The North 10 feet of Outlot D; and, the West 10 feet of the East 40 feet of Outlot
D, all in, Crane Farm Subdivision, Third Addition, Ames, Story County, Iowa.
E. Bus Turnaround Easement. Pinnacle Properties Ames, LLC, grants to the City
of Ames, Iowa, the right to an easement, including the rights of ingress and egress, for
the purposes of the construction, operation, maintenance and repair of a bus
turnaround, said bus turnaround to be constructed by GW Land Holdings, LLC,
pursuant to the Development Agreement for Crane Farm Subdivision, Ames Story
County, Iowa approved on June 28, 2016, across the following described real estate:
All of Outlot D, Crane Farm Subdivision, Third Addition, Ames, Story County,
Iowa.
F. GENERAL CONDITIONS. All such easements are granted according to the following
terms and conditions.
1. Pinnacle properties Ames, 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.
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.
Easement Grant p. 3
G. 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.
H. 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 April, 2017.
Pinnacle Properties Ames, LLC
by
Keith D. Arneson, Manager
STATE OF IOWA, COUNTY OF STORY, SS:
This record was acknowledged before me on the `l> day of April, 2017 by
Keith D. Arneson as Manager of Pinnacle Properties Ames, LLC.
PAMELA L KILLPACK
commlwon Number 7M1
My Commission EVIres Notary Public in and for said State and County
seatember 19,2019