HomeMy WebLinkAbout~Master - Sanitary Sewer - Bertha Moore 4 WAY COUNTY 1�1NA
' M L10 FILED FOR REG�OF#D
025b ,r P&A' q A.M. OCT 2 01980 Its.
q •W EASEMENT SIN1 L POitR Raw
of 00*
KNOW ALL PERSONS BY THIS INSTRUMENT: That Bertha F. _J .
Moore, single, hereinafter referred to as Grantor , in con-
sideration of One Dollar and other good and valuable con-
sideration, does hereby grant unto the City of Ames , Iowa ,
a municipal corporation, its successors and assigns , here,;
inafter referred to as Grantee , upon the conditions herein-
after recited, the perpetual right to enter upon the land
hereinafter described for the purposes of this easement and
the perpetual right to construct , reconstruct , cover over ,
clean up, operate, use , maintain and repair a sanitary sewer
over , upon, across and under a strip of land situated in
Story County, Iowa , described as follows :
A 40 foot wide permanent easement , lying along the
East line of the SE1/4 of the NW1/4 of Section 33 -
T84N - R24W of the 5th P .M. , Story County, Iowa; 20
feet on each side of the following described center-
line : Commencing at the NE corner of the SE1/4 of
the NW1/4 of Section 33 - T84N - R24W of the 5th P.M. ,
Story County, Iowa ; thence S 00°26' 20" W, 708.55 feet
along the East line of the SE1/4-NW1/4 of said Section
33 ; thence N 25*58130" W, 44. 95 feet to the Point of
Beginning; thence S 00°26' 20" W, approximately 579 . 3
feet to the North line of the South 52.5 feet of the
SE1/4-NW1/4 (said point being the centerline of a 15
foot wide easement across a portion of the North 15
feet of the South 60 feet of the SE1/4-NW1/4) .
A 20 foot wide temporary construction easement , lying
along the West side of a 40 foot wide permanent ease-
ment which lies along the East line of the SE1/4 of
the NW1/4 of Section 33 - T84N - R24W of the 5th P.M. ,
Story County , Iowa ; the West line of the 20 foot wide
temporary construction easement is described as fol-
lows : Commencing at the NE corner of the SE1/4 of
the NW1/4 of Section 33 - T84N - R24W of the 5th P.M. ,
Story County, Iowa; thence S 00°26' 20" W, 708 . 55 feet
along the East line of the SEl/4-NW1/4 of said Section
33; thence N 25°58' 30" W, 134.9 feet to the Point of
Beginning; thence S 00°26' 20" W, approximately 660 . 2
feet to the North line of the South 52. 5 feet of the
SE1/4-NW1/4 (said point being the centerline of a 15
foot wide easement across a portion of the North 15
feet of the South 60 feet of the SE1/4-NW1/4) .
A 15 foot wide permanent easement, across a portion of
the SE1/4 of the NW1/4 of Section 33 - T8414 - R24W of
the 5th P.M. , Story County, Iowa , described as follows :
The North 15 feet of the South 60 feet of the East 986
feet of the SE1/4 of the NW1/4 of Section 33 - T84N -
R24W of the 5th P.M. , Story County, Iowa.
[SEE ATTACHED PLAT. ]
The foregoing rights are granted by the undersigned Gran-
tor and shall be accepted and exercised by the City of Ames ,
Iowa, subject to performance by the City of Ames , Iowa, of
the following terms and conditions :
1. The City of Ames , Iowa , shall assume responsibility
for all damage to the above described real estate caused by
its failure to use due care in the exercise of the rights
granted herein.
2. Immediately following installation, reconstruction
or repair of the aforesaid municipal utility service , weather
permitting, the ground disturbed by construction activity
shall be restored to its natural grade ; and all driveways ,
800K I(Q PAGE
Easement Page Two
drainage structures and fcnees damaged by construction activity
shall be repaired and restored to a condition equal to or bet-
ter than that which existed prior to the commencement of con-
struction.
3. In the event and to the extent that Grantee ' s exer-
cise of the rights granted herein causes damage to growing
crops on said real estate or land adjacent thereto Grantee
shall pay to Grantor a sum equal to the fair market value of
such crops so damaged as determined by an independent apprais-
er selected by mutual agreement of Grantor and Grantee. In
the event and to the extent that Grantee ' s exercise of the
rights granted herein denies to Granter nr Grantor' s les^ee
the benefit of fertilizer , herbicide, fall plowing or any
other field work applied to or done upon said real estate
for a future crop, Grantee shall pay to Grantor a sum equal
to the fair market value of such denied benefit as determined
by an independent appraiser selected by mutual agreement of
Grantor and Grantee.
4. Initial installation of said sanitary sewer shall be
commenced and completed within one crop year.
Dated this 9 day of September, 1980 .
[IfAL'i-, r
Bertha F. Moore
STATE OF IOWA, STORY COUNTY, SS :
On this 19 oT day of September, 1980, before me the un-
dersigned, a Ntary Public , in and for said State, personally
appeared Bertha F. Moore, to me known to be the identical per-
son named in and who executed the foregoing instrument and .:ac-
knowledged that she executed the same as her voluntary act '�'and
deed.
fp2-
Notary Public , State of Iowa
9
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SEC. a3v� ( 84 -024
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SEC. SS-84-24
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� F'ermanant Easatrnenf
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Temporary Gonsiruclion Easement I
�'-20'
2O
20 Sr Corner
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SAMITAIZY SEWER EASEMCUTS
MOM
SEIZTHA HOOME
TO
14. 4 F. Bvu.DE?ZS, FILISO .ICNs AND e.%m BUCK
ALID
THE CITY OF AMES
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Rev�sedsSeP�arn6er 11� 19lId � � . _ ,�
t
March /, 1979 •
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Sec. 33-64-24