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HomeMy WebLinkAbout~Master - EAS - Electric Lines - Macerich Real Estate Company Inst.#65 Fee 3.50 _ RIGHT OF WAY REMIT AND EASEMENT That MACERICH REAL ESTATE COMPANY (Hereinafter call- ed MACERICH) a partnership composed of RICHARD M. COHEN and MACE SIEGEL, in consideration of the sum of One ($1.00) Dollar, receipt of which is hereby acknowledged, does hereby grant to the City of Ames, Iowa (hereinafter called the City), a munici- pal corporation, its successors and assigns, the perpetual right to construct, reconstruct, repair, maintain and use its under- ground electric lines, wires, cables and other similar equipment or any part thereof, for the sole purpose of conveying electric current for power and lighting purposes underground of the real estate as follows: 2-1/2 feet on each side of the following described centerline: Beginning at a point 23 feet West of the Southeast corner of Lot Two (2 ), Block A Black's Third Addition to Ames, Iowa,thence South 80 22 ' West 192 .5 feet to the point of beginning of a 45 foot radius curve, concave to the Northwest, the central angle of which is 620 30' , thence southwesterly along said curve 49.08 feet to the point of tangency, thence South 700 52 ' West 42 .7 feet to the edge of a concrete slab together with a temporary right to provide overhead electrical service in event of emergency. The foregoing rights are granted upon the express condition that: 1. Macerich, its successors and assigns may, at any time and from time to time, at its own cost and expense, remove and reroute the aforesaid easement under any other portion of its property, subject to the reasonable direction and control of the City as to the location of any such rerouted easement. 2 . Any repairs made shall be made expeditiously and during the period of such repair, adequate liability, property damage, and workmen's compensation insurance shall be carried by the City and any other person, firm or corporation making such repairs. 3 . In the event that it is necessary at any time or from time to time to dig up any portion of the property to repair or maintain or to do any work on the cables or conduits which are the subject of the easement, the City shall replace the blacktop and all other Macerich property disturbed in any way by such work. The quality of any such replacement is to be _ _At least equal to the original construction thereof. 4. The City will assume liability for all damage to BOOK...../a _..PAGE.,,-,_- . BOOK..--. 0 the above described property caused by the City's agents, servants and employees in the construction, use, recon- struction, repair or maintenance of the easement, and the City will hold Macerich harmless in the event of any suit brought against Macerich relating to this easement. Dated this day of /� �.��z ��'` , 1965. MACERICH REAL ESTATE OMPANY BY ... MACE SIEGE , a p tner STATE OF NEW YORK ) ss; COUNTY OF NEW YORK) On the ?ve"day of , 1965, before me personally appeared MACE SIEGEL, known to me to be a partner of the firm of MACERICH REAL ESTATE COMPANY, and to me known to be the person mentioned in and described and who executed the foregoing Right of Way Permit and Easement in the firm name of MACERICH REAL ESTATE COMPANY and he duly acknowledged to me that he executed said in- strument for and on behalf of and with the authority of the said MACERICH REAL ESTATE COMP for the uses and purposes therein mentioned. STEPHEN I. MUNZER Notary Public, State of New.xOfk No. 30-8062925 Qualified In Nassau Court Commission Expires Mar.30,196� `j 2 - 5 i o f "? i I i - I N i i l EASEMENET DESCRIPTION An easement of R.O .W . , the centerline of which is described as follows: "Beginning at a point 23 ft. west of the S .E. corner of Lot 2, Block A, Blacks 3rd. Addition to the City of Ames, Iowa; Thence S 80 22 ' W, 192 .5 ft. , to the poi.,.nt of beginn- ing of a 45 ft. radius curve, concave to the N .W. , the central angle of which is 620 301 ; Thence Southwesterly along said e 49.08 ft. to the point of tangencyl Thence S 700 52 ' W, to the edge of a concrete slab. " il,��.1 w •,,,. �, Yr! � 'tom! v•••-- JAMES M. BURNS ...... BOOK-L" PAG Z 194 R. L. S .• #2622 a� a ➢ND �prg v coca m= � IT m �: co o. Wi I :E