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HomeMy WebLinkAbout~Master - EAS - Light Pole - D-J Company 01 or t M 13255 P *18T.NO. 9 V - Parcel No.Duff 38 i l Ames,Story County,Iowa �" STORY COUNTY,IOWA Project No.CS-TSF-0155(5)--85-85 FILED FOR RECORD U.S.Highway 69(S.Duff Avenue) 111M DEC 2 7 1994 � PERMANENT EASEMENT L VANDE 1V11NP,Romaidat Rs=d n9 Fee$ 1 O� AvOWs Fse$ KNOW ALL MEN BY THESE PRESENTS: That we,the undersigned,D-J Company(Owner)and Ted A. Sage and Dawn D. Sage (Tenant), of Story County, State of Towa, hereinafter referred to as "Grantor", in consideration of the sum of$1.00 and other valuable consideration, in hand paid by the City of Ames, Iowa, receipt of which is hereby acknowledged, do hereby sell, grant,and convey unto the City of Ames, Iowa, a municipal corporation, in the County of Story, State of Iowa, hereinafter referred to as "Grantee", a permanent easement under, through, and across the following described real estate: SEE ATTACHED "EXHIBIT A" FOR PERMANENT EASEMENT DESCRIPTION That the above described easement is granted unto the City of Ames, Iowa, for the purpose of construction,installation,and maintenance of the following public improvements: STREET LIGHTING FIXTURES AND OTHER RELATED APPURTENANCES i That the said City of Ames shall have the right to enter upon said property as shall be necessary to construct, reconstruct, inspect, repair, operate, maintain, and service said improvements, and shall have the right to use as much of the above described real estate as may be necessary but for no other use or purpose whatsoever. It is further agreed that no permanent improvement shall be built or placed upon the above described real easement, and that if such improvements are built or constructed, in violation of this easement, the City of Ames shall in no way be responsible for any damages thereto resulting from the construction, reconstruction, maintenance or repair of the aforesaid improvements. The said City of Ames shall restore said described property to a satisfactory condition after construction in substantially the same condition as prior to entry except for the improvements shown in the U.S. 69 South Duff Avenue Improvement Project. J '. PERMANENT EASEMENT That the Grantor does hereby covenant with the said Grantee, and successor-in- interest, that said Grantor holds said real estate by title and fee simple; that it has good and lawful authority to sell and convey the same; that said premises are free and clear of all liens and encumbrances whatsoever, except as may be herein stated; that said Grantor covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever, except as may be herein stated. IN WITNESS WHEREOF, we have hereunto affixed our hands this day of L )')- 11 , 19 C . D-J an A///z Ted A. Safe Dawn D. Sage WP\BASBMENT\424710.EAS F (INDIVIDUAL NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this aS^ day of December, 1994,before me the undersigned, a Notary Public in and for the State of Iowa,personally appeared Ted A. Sage and Dawn D. Sage, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. �,,Nti11u�lr�ia r1 r; NOTARYP)�BLIC�JNANDFOR�Mi STATE O IOWA rr.* (PEI2SHIP NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this +� day of December, 1994, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Delbert D. Trickle, to me personally known, who being by me duly sworn,did say that the person is one of the partners of D-J Company,a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the part- nership by it and by the partner voluntarily executed. r • OPp%AL% DIANE WILHELM JOHNSON z MY COMMJSS kN EXPIRES f2 ' NOTARY PUBLIC IN AND F R THE STATE OF IOWA 9� 13255 6S) ' r , o EXHIBIT "A " EASEMENT PLAT PERMANENT EASEMENT DESCRIPTION A PERMANENT LIGHT POLE EASEMENT LOCATED IN A PART OF LOT 11 OF KINGSBURY' S ADDITION TO THE CITY OF AMES, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA AND DESCRIBED AS FOLLOWS : THE WEST 3. 00 FEET OF THE SOUTH 4 . 00 FEET OF THE NORTH 7. 21 FEET OF SAID LOT 11 . LEGEND Existing Proposed Survey- Sectlon Caner ♦ p Iran Monummd • O ROW Maker ■ O ROW Rail x 53 Pl.PC,Pr.POT.POST O Bench mark 11 Ped Distance P 0 20 deasvred 8earing A Distance M Recorded As R Deed Distance D CalaWoled Distance C Centerline -- — Section Une — secnan SCALE — Easem t Una — — — — — WEST LINE NW_I/4,NE.I/4,SEC.1l-.�_I _SOUTH _DUFF_ AVENUE _ (US. HIGHWAY 69) EXISTING R.O.W. 3.21' 90.0'R 3.00' PERMANENT 4.00' EASEMENT von P�vol Pto01 \0� 0 \ t AR ' SOUTH DUFF AVENUE RIGHT-OF-WAY SHEET , OF PARCEL 39 - D.J.PARTNERSHIP PN9247IG A-500 501 S.SNYDER & ASSOCIATES PLANNERSS ANKENY,r�IARALABOR 500211 (5115) 964-2020 TECH!ROAATE:NU S0 J994 qq zus5 (170