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Inst # 13992
Fee $ 3. 50
TEMPORARY RIGHT.OF-WAY PERMIT' AND
EASEMENT
Wev Max LeRoy Bailey and Francis Pauline Baileyv husband and wife,
in consideration of the sum of Eight Hundred Dollars ($800.00) receipt of
which is hereby acknowledged5 and other valuable considerations, do hereby
grant unto the City of Ames, lowat a municipal corporation, its successors
and assign;p the temporary right to enter upon the hereinafter described
lands owned by the grantors and use the same for the purpose of construction
of a sanitary sever line along the public highway abutting the same on the
east for the duration of not exceeding one year from the date hereof, the
land over which said easement shall extend being described as follows:
The West 30 feet of the East 70 feet of the South 2685,3
feet of Section 36, Township 84 North, Range 24 West of
the 5th P.M., Iowap except the South 40 feet thereof,
said easement to include to the excavation and removal of earth, the storage
and location of excavated earth, construction materials and equipment upon)
over and across the above described land.
As a part of the consideration above specified the City of Amesp
Iowa) agrees to do and perform the following:
1. Upon completion of construction of said sanitary sewer line
and prior to the expiration date hereof to erect upon the east line of the
400
above described land a new heavy gauge/woven wire fence with one top strand
of barbed wire with creosoted posts of a minimum of 31" top placed one,rod
apart. //
2* Upon request made by the grantors herein and the *nishing
of necessary materials therefor by them, to promptly erect a temporary
electric fence upon the west line of the above described lands sufficient to
enable said grantors to pasture the lands abutting thereon to the west.
3* To stockpile all top soil excavated from said area and upon
completion of construction to compact all backfill and restore the ground to
a uniform grade to conform to the original grade and slope, except that
w-her6 ,1'r reasonably necessary where knolls exist on said easement the slope
may be graded to the west of the west line of said easement for the purpose
LAW OFF(CES'OF 't 4
CLARK & CLARK
AMES, IOWA
of providing a more uniform grade and slop4 in no event steeper than a 10%
grade. All top soil stockpiled to be replaced to a uniform depth of not
less than 10" through the excavated area,
3* To Install a 2" water pipe beneath the highway grade from the
water line in the east ditch thereof to the west side of said highway grade
adjacent to the above described lands without cost to grantors, their
successors or assigns, to which grantors, their successors or assigns, are
permitted to make a single 2" corporation cock tap for service to one single
residence and normal farming operations upon the land of grantors, subject
however to said connection being made in accordance with the laws, regulations,
and ordinances of the City of Ames,, Iowa.
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of
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4. �t such time as grantors, heir successors or assigns, shall
apply therefor the consent of said city shall be promptly given to permit
grantors, their successors and assigns, to make one single connection to
said sanitary sewer for service to a single residence only without charge,
subject to said connections being made in accordance with the laws,
regulations and ordinances of the City of Ames., Iowa*
5. During construction of said sewer line to protect and restore
all tile lines across the excavated area extending to or from the grantors'
lands and replace any broken the in such excavated area.
6* To remove all materials and equipment, rock, gravel or other
waste materials and debris from the area covered by said temporary easement
before levelling, spreading and restoration of the top soil over the same.
7. To further reimburse the grantors, their successors or assigns,
for all damages caused by said city's failure to use due care U the exercise
of the easement rights herein granted.
IN WITNESS WHEREOF the parties have hereunto subscribed their
signatures and affixed the seal of said city this _Lday of Octobert 1959.
114
CITY OF AMESp IWA
Max LeRoy B ley
Y.
Mayo
A* ATfST. 20.
Francis Pauline Bailey
City C2
(Grantees)
(Grantors)
,LAW OFFICESW,
CLARK LARK
J t ' r l •
STATE OF IOWTA
SS
COUNTY OF STORY
On this ,,, day of October, 1959, before me, a notary public in
and for said county, personally appeared Max LeRoy Bailey and Francis
Pauline- Bailey, husband and wife, to me known to be the parties named as
,,,,,,grant° s 6f the above and foregoing easement agreement and who executed the
:she:ane° acknowledged that they executed the same as their voluntary act
f� :,r Viand deed.► .
NOTARY PUBLIC IN AND FOR ST COUNTY, IOWfA
yfrrr,�, rtirtt.
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LAW OFFICES OF
CLARK & CLARK
AMES,IOWA
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