HomeMy WebLinkAbout~Master - Sanitary Sewer - Maxon INST. NO.....................L.171
Ede�4.50 ........^
STORY COUNTY, IOWA
FILED FOR RECORD
RIGHT-OF-WAY PERMIT AND EASEMENT A.0 OC 151973 Peril,
ELLA M. RORNBACHER, Recorder
KNOW ALL MEN BY THESE PRESENTS: �i -" •° ......Deputy
That we, Richard C. and Carolyn J. Maxon, husband and wife,
in consideration of:
1. There will be no sanitary sewer connection allowed
from Lot 40, Overland Heights Addition, to the 36-
inch sanitary sewer constructed in this project.
Therefore, the 36-inch sanitary sewer shall not be
considered an improvement benefitting Lot 40, Over—
land Heights Addition.
2. The topsoil will be replaced to a depth of two feet.
The sewer ditch will be compacted in such a manner as
to eliminate deep, unsightly depressions in future
years.
3. Replacing the sodded area which will be disturbed with
sod of equal quality and maintaining such sod until
well established.
4. Removing and replanting three trees and one bittersweet
bush, two trees of which are approximately six to seven
inches in diameter, and one tree which is approximately
four inches in diameter.
5. If the two larger trees are too large to be moved and
replanted successfully, they will be replaced with two
trees of the same species as large in diameter as possible
to replant elsewhere on the lot as the owner directs.
Trees moved, replaced will be maintained until well
established, and replaced if necessary within a one-
year period if tree moving is unsuccessful.
6. No construction, excavation, or cuts shall be made on
the river bank, nor shall excavated dirt and/or construc-
tion equipment be placed in such a manner as, to damage
trees and shrubs or cause the collapse of the river bank
which lies within the construction easement.
7. The western boundary of the construction easement shall
be plainly marked and the contractor shall be restrained
from piling materials, parking vehicles, and otherwise
encroaching upon portions of the lot not included within
the construction easement.
8. The ground shall be restored in its original condition
in the event that access to the permanent easement is
necessary to repair, maintain, and make functional the
sanitary sewer.
9. The eight conditions listed above are for purposes of
granting the construction easement and the City of Ames
shall purchase the permanent easement for $1 per lineal
foot along the center line of the permanent easement;
do hereby grant unto the City of Ames, Iowa, a municipal corporation,
its successors and assigns, the perpetual right to enter upon the
land described and the perpetual right to construct, reconstruct,
clean up, operate, maintain, and cover over and repair a sanitary
sewer upon, under and across the land described as follows:
N (2 rli0 R-y
-2
A temporary construction easement 100 feet in width
and a permanent easement 20 feet in width over and
across Lot 40, Overland Heights Subdivision, centered
on a line more particularly described as follows:
Commencing at a point 58.2 feet West of the
Southeast corner of Lot 38 and running
thence North 070 39 ' 15" West 73 feet +
to the point of beginning on the South—
lot line of said tot 40, thence continuing
North 070 39 ' 15" West 90 feet + to the
North line of said Lot 40 .
The foregoing rights are granted upon the express condition
that the City of Ames, Iowa, will assume all liability for all
damages to the above described property caused by the City' s
failure to use due care in its exercise of the fight granted.
Dated at Ames, Iowa, this '7/L/ day of , 1972.
T
STATE OF IOWA )
SS
COUNTY OF STORY)
On this day of 1972, before me, the
undersigned,—a otary Pub i CV ' for said oun y, in said
State, nd personally appeared C ,
to me known to be identical person persons n e in a d who
executed the within and foregoing instrument, an acknowledged
that they executed the same as their voluntary act and deed.
a ( r
otary Pub is ,
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EXH) IT itA° EASEMENT PLAT '
RICHARD C. MAXON
a CAROLYN J. MAXON
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A TEMPORARY CONSTRUCTION EASEMENT 100' IN WIDTH AND A PERMANENT
EASEMENT 20' IN WIDTH OVER AND ACROSS LOT 40, OVERLAND HEIGHTS
SUBDIVISION CENTERED ON A LINE MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT 58.2' WEST OF THE S. E. CORNER OF LOT 38
AND RUNNING THENCE N.070-39'-15° W. 73' * TO THE POINT OF BEGINNING,
ON THE SOUTH LINE OF SAID LOT 40, THENCE CONTINUING N.07°3g''15"W.
90'+ TKO THE NORTH LINE OF SAID LOT 40.
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S.E. COR. NW.V4 S,W.V4
SEC. 26-84-24
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