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HomeMy WebLinkAboutA005 - Easement Grant dated July 6, 2017 eT _ a Instrument m: 2017-05405 08/17/2017 03:22:42 PM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa NA MAN 11111 H 4� Z �N W S ace above for recording data Prepared 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 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, Fifth Addition, Ames, Story County, Iowa: The North 30 feet and the Northeasterly 10 feet of Lot 2; AND; the Northeasterly 10 feet of Lot 1; all in Crane Farm Subdivision, Fifth Addition, Ames, Story County, Iowa. 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. 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. Ae 4 Easement Grant 2 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. 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. 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 14 day of July, 2017. GW Land Holdings, LLC by Alex . Ga yon, Ma ger Easement Grant . 3 STATE OF IOWA, COUNTY OF STORY, SS: This record was acknowledged before me on the 104p\ day of July, 2017 by Alex P. Galyon as Manager of GW Land Holdings, LLC. Notary Public in and for said State and County HEATHER D TITUS e COMMISSION NUMBER 782488 MY COMMISSION EXPIRES FEBRUARY 3.2020