HomeMy WebLinkAbout~Master - Sanitary Sewer - Swanson B0.0K..G�LPAG ,
Inst. # 3371
CONVEYANCE OF EASEMENT Fee $3.50
IT IS HEREBY AGREED by Harold A. Swanson and Eilsie L.
Swanson, husband and wife, hereinafter referred to as the grantors ,
and 'the 'City of Ames , Iowa, a municipal corporation, hereinafter
referred to as the grantee, that in consideration of the sum of
$567. 18, receipt of which is hereby acknowledged, the grantors
herein do hereby grant, bargain, sell and convey to the grantee,
its- successors and assign's, the perpetual right-of-way and ease-
ment forever over and,,„across and under=.a,.,strip of land twelve
feet in width, the location thereof selected by the City, provide
that said twelve foot strip shall lie within the East 300 . feet
of Lot 41, Overland. Heights Subdivision to the City of Ames Iowa,
and that said easement shall be , for the purpose of construction,
reconstruction, clean up, operation, maintenance, repair and
covering over of a sanitary sewer under and across said twelve
foot strip of land,
IT IS FURTHER 'PROVIDED that the grantees , their successors
and assigns , shall be granted the temporary right to encroach
upon an additional fourteen feet on each side of the aforesaid
twelve foot easement for the purpose of construction, and only
for the period of construction.
IT IS FURTHER PROVIDED that in the event of the exercise
by the grantee hereunder of the, rights granted herein, the said
grantee will not encroach upon permanent structures located on
the aforesaid premises ; provided however, that the grantors shall
not erect such permanent structures or parts thereof within the
East 300 feet of said lot 41, Overland Heights Subdivision to
the City, of Ames, Iowa, as will prevent or impair the exercise
of the rights granted hereunder to the grantee and the grantee
shall, insofar as possible in the exercise of its rights hereunder ,
avoid damage to or removal of trees or natural outgrowth, grass
excepted as may be located on said premises
IT IS FURTHER PROVIDED that upon the construction of the
sanitary sewer contemplated by this instrument, the grantors ,
their successors and assigns will 'make their connection thereto
from the residence presently located on said Lot 41 and will
at that time abandon use of the present septic tank located upon
the premises ; and that upon making such connection, the grantors ,
their successors , heirs and assigns, shall pay to the grantee
a sewer connection fee in the amount of $2.50 per lineal foot
measured along said sewer line as constructed over the East 300
, feet of said Lot 41.
IT IS FURTHER PROVIDED that this agreement shall be bindin
upon ` the heirs , successors ' and assigns of the parties .
Dated at Ames , Iowa, this day of
19 /f
CITY OF AMES a. `OWA
A Municipal Corporation
old A. S son
,'E lsie L. Swanson
State of Iowa
} S,g
.County of Story ,
l
On this day of ' 'N -{ -z 1968, before me,
the under:signed, � a notary pu i' ,iri and for said county, in said
state, personally appeared_ Har d A. Swanson and Ellsie L.. Swanson
husband and wife, to me knots to be the identical '.. $` fned
in and who executed the ,Within and foregoing ins t'6%6nt t6` r ch
this acknowledgement .is taken, and acknowledge �y 'Seenrt�d
the same as their voluntary act and deed.
Notary Pub is in are .:'abunty
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STATE-OF IOWA )
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COUNTY OF STORY )
On this = day of �� 1968, before me
the undersigned, a notary public in for said county, in. said
state, personally appeared, J.R. Cast e , to be personally known,
who, being by me duly` sworn did say that he is the City Manager
of the City of Ames , Iowa, a municipal corporation, and that the
within and foregoing conveyance of easement to Lot..41, Overland
Heights Subdivision to the --City of Ames , Iowa, naming said city
as grantee, was signed and sealed on behalf of said corporation
by authority of its City Council, and that the said J.R. Castner
as the Manager of said corporation acknowledged the execution
of said instrument to be the voluntary act and deed of said
corporation, by it voluntarily and- by h m voluntarily executed.
Nota PUb1 _ l f ;said county
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