HomeMy WebLinkAboutA008 - Easement Grant dated March 9, 2018 ' c Instrument 0: 2018-02262
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c C.3 Stacie Herridge, Recorder, Story County Iowa
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Pre ared By and Return To:Alex P.Galyon,P.O.Box 1723,Ames,IA 50010 515-708-1375
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that AURORA HEIGHTS, LLC,
does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following
described easements.
A. GENERAL PUBLIC UTILITY EASEMENT. Aurora Heights, 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 Village Park Subdivision, Second Addition, City of
Ames, Story County, Iowa:
The North 10.00 Feet of Lot 1 and the West 10.00 feet of Lots 1 and 2, all in
Village Park Subdivision, Second Addition, City of Ames, Story County, Iowa.
Aurora Heights, 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 Sewer and Surface WATER FLOWAGE. Aurora Heights, LLC, grants to the
City of Ames, Iowa, the right to a storm sewer and surface water flow easement across
the following described real estate:
That part of Lot 1, Village Park Subdivision, Second Addition, City of Ames, Story
County, Iowa, described as follows: Beginning 237.14 feet South of the
NW Corner of said Lot 1, thence East 240.24 feet; thence N89056'33"E, 34.76
feet; thence South 35.00 feet to the Southeasterly line of said Lot 1; thence
S89°56'33W, 35.00 feet to the NE Corner of Lot 2, in said Village Park
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Subdivision, Second Addition, City of Ames, Story County, Iowa; thence West
240.27 feet to the West line of said Lot 1; thence North 35.00 feet to the point of
beginning.
C. Water Main Easement. Aurora Heights, LLC, grants to the City of Ames, Iowa,
the right to a water main easement the following described real estate:
The North 50' of the East 10' of Lot 1, Village Park Subdivision, Second Addition,
Ames, Story County, Iowa.
D. Sidewalk Easement. Aurora Heights, LLC, grants to the City of Ames, Iowa, the
right to a sidewalk easement across the following described real estate:
The North 10' of Lot 2, Village Park Subdivision, Second Addition, Ames, Story
County, Iowa.
E. SHARED USE PATH EASEMENT. Aurora Heights, LLC, grants to the City of Ames,
Iowa, the right to a shared use path easement across the following described real
estate:
That part of Lot 2, Village Park Subdivision, Second Addition, City of Ames,
Story County, Iowa, lying Southeasterly of the following line: Beginning at a point
on the South line of said Lot 2 which is 13.14 feet West of the Southeast Corner
thereof; thence Northeast to a point on the East line of said Lot 2 which is 20.19
feet North of said Southeast Corner, and there terminating.
F. GENERAL CONDITIONS. All such easements are granted according to the following
terms and conditions.
1. Aurora Heights, 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
Easement Grant
p. 3
limited to restoration of lawns by sodding or seeding, and restoration of driveways
damaged by the City as nearly as possible to original condition.
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 qA day of March, 2018.
AURORA HEIGHTS, LLC
by
Alex P. Galyon, M ager
STATE OF IOWA, COUNTY OF STORY, SS:
This record was acknowledged before me on the day of March, 2018 by
Alex P. Galyon as Manager of Aurora Heights, LLC.
SUE JOHNSON Notary Publi n d for said State and County
Notarial Seal - Iowa
Commission Number 792363
My Commission Expires Oct 1, 2018