HomeMy WebLinkAboutA001 - Resolution No. 5900 adopted April 6, 1971 - release of easement FEE; $4.50 STORY -;F6i Y. IOWA.
FILED FOR RECORD
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p��f�'f(y{'�7 �,j$APR 15 1971 {A�M.
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ELLA M. NORNRACHER, Reccr,?er
A RESOLUTION APPROVING RELEASE OF EASEMENT. .............Deput
WHEREAS, a new right-of-way permit and easement dated Sept-
ember 29, 1970, has been obtained from John Gerald Carney and Bert
Carney, said easement allowing electric lines over their property;
and
WHEREAS, John Gerald Carney and Bert Carney desire to have
the old easement released i and
WHEREAS, the release of the old right-of-way permit and ease-
ment for electric utility purposes in exchange for the giving of
the new right-of-way permit and easement will, not adversely effect
the City of Ames, Iowa, nor any rather parties having interest in
the right-of-gray permits and easement to be released:
NC)W, THEREFORE, BE IT RESOLVED by the City Council of the
City of Ames, Iowa., as follows :
Section 1.. That the right-of—way permit and easement on
property owned by John Gerald Carney and. Bert Carney which is
described as:
Beginning on the North line of the Northwest Quarter
(NW 1/4) of Section Fourteen (14) , Township Mighty-three
(83) North, Range Twenty four (24) west of the 5th P.M. ,
Ades, Story County, Iowa, at a point 615 Feet West of
Q the Northeast corner of said: Northwest Quarter (NW 1/4) ,
� ► () thence South 247 Feet, thence West 706.7 Feet to the
' West line of the Northeast Quarter (NE 1/4) of the North-
Q west Quarter (NW 1/4) , thence North 250.4 Feet to the
"" .
�' Northwest corner of the Northeast Quarter (NE 1/4) of the
Northwest Quarter (NW 1/4) , thence East along the North
. line of the Northeast Quarter (NB 1/4) of the Northwest
Quarter (NW 1/4) 706.3 Feet to the point of beginning;
and including the North 35 Feet of the Fast 615 Feet
of the Northeast Quarter (NE 1/4) of the Northwest Quarter
(NW 1/4) of said Section Fourteen (14) ,
is hereby released with the exception that the City of Ames,
Iowa, expressly reserves unto itself the easement granted by John
Gerald Carn4ry and :Bert Carney On the 29th of September,. 1970,
recorded, in .Bore. 113, page 562, of the Story County Recorder's
Books, said easement for electrical utilities on the following
described real estate, to-wit:
The South 10 feet of the North 30 feet and the North 20
feet of the west 30 feet of the Northeast 'Quarter of the
Northwest Quarter of Section 14, Township 83 North,
Range 24 West of the 5th F.M. , Story County, Iowa., ex-
cluding existing road right-of-way along Highway '#69
Section 2. That the Mayor and City Clerk of the City of
Aries are hereby authorized and directed. to execute a .release of
r;i.ght=-of-way permit and easement as to the property above set
forth; and that the City Clerk is hereby authorized and directed
to make a certified copy of this resolution, attach the same to
said release, and file the same .for record in the office of the
Recorder of Story County, Iowa.
Passed this 6th � day, of.�.� _.� April _ 1971
lca se oom C,. y '. �i ` ft&UarW1q �xta h, Mayor
Moved by 'Thurston, Fellinger the resolution be adopted.
Aye : Thurston, Maxwell, Fellinger, Nelson
Nay: None Absent: Bell, Fisher
Resolution declared adopted. Bc?OY►._L.L�....�,�GE.�LL�_
RELEASE OF RIGHT-OF-WAY PERMIT AND EASEMENT
KNOW ALL MEN BY THESE PRESENTS .- That for and in consideration
of the sum of One Dollar and other good and valuable considerations,
receipt of which is hereby acknowledged, the undersigned City of
Ames , Iowa, hereby releases and cancels all easements and right-of-
way permits it holds for electrical purposes on property owned by
John Gerald Carney and Bert Carney, which is described as:
Beginning on the North line of the Northwest Quarter
(NW 1/4) of Section Fourteen (14) , Township Eighty-
Three (83) North, Range Twenty-Four (24) West of the
5th P.M. , Ames, Story County, Iowa, at a point 615
Feet West of the Northeast corner of said Northwest
Quarter (NW 1/4) , thence South 247 Feet, thence West
706.7 Feet to the West line of the Northeast Quarter
(NE 1/4) of the Northwest Quarter (NW 1/4) , thence
North 250 .4 Feet to the Northwest corner of the North-
east Quarter (NE 1/4) of the Northwest Quarter QN79 1/4) ,
thence East along the North line of the Northeast Quarter
(NE 1/4) of the Northwest Quarter (NW 1/4) 706 .3 Feet
to the point of beginning; and including the North 35
Feet of the East 615 Feet of the Northeast Quarter (NE 1/4)
of the Northwest Quarter (NW 1/4) of said Section
Fourteen (14) ,
with the exce-otion that the City of Ames, Iowa, expressly reserves
unto itself and keeps the easement granted by John Gerald Carney
and Bert Carney on the 29th of September, 1970 , recorded in Book
113 , page 562, of the Story County Recorder's Books , said easement
for electrical utilities on the following described real estate,
to-wit:
The South 10 feet of the North 30 feet and the North 20
feet of the West 30 feet of the Northeast Quarter of the
Northwest Quarter of Section 14 , Township 83 North,
Range 24 West of the 5th P.M. , Story County, Iowa,
excluding existing road right-of-way along Highway #69 .
Any and all other right-of-way permits and easements involv-
ing other than electrical utilities heretofore granted shall remain
in full force and effect as it applies to the above first described
premises.
Signed this 6th day of April 1971.
..........
CITY OF AMES, IOWA
..........
By
OR
y e
CITY CLERK
Release o-fr -zight-of' -Way permit and Easement
Page 2
STATE OF IOWA
) SS :
COUNTY OF STORY)
On this 6th day of April t 1,971, before me,
l
the undersigned, a lNot ry County, owa,ary Publ c
appeared Stuart N. Smith and Louise Whitcome, to me Personally
known, 1�-7ho, being by me, duly sworn, did say that Stuart-- N. Smith
is Mayor and that Louise whitcome is city Clerk of the City Of
Ames, Iowa, a municipal corporation, and that the seal affixed
to the written instrument is the Corporate Seal of said Corporation;
that said instrument was signed and sealed in behalf of said
Corporation, by authority of the City Council; and that each of
them acknowledge the execution of said instrument to be the voluntary
act and deed of said Municipal Corporation.
Witness any hand and notarial seal the day and year last
above written.
County- Iowa
511TC t a Pub 1c ,
Story
X,
I, Louise Whitcome, the duly appointed, qualified and
acting City Clerk of the City of Ames, Iowa, do hereby certify
that the above and foregoing Resolution No. 5900 is a true and
exact copy of said resolution, and that said resolution was
adopted by the City Council at a regular meeting thereof on
the 6th day of April, 1971.
4LOiselhitcome*, City C erk of the
et „ ee City of Ames, Story County, Iowa
a.
, �s, Iowa, this 13th day of April, 1971.
6t /mil
INSTR. NO. FILED FOR RECORD THE DAY OF STATE OF IOWA, STORY COUNTY.
RECORDING FEE_. 19�.ATo Recorder
TRANSFER FEE O'CLOC ��M.�BO f/✓�'� PAGE Deputy
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