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HomeMy WebLinkAbout~Master - Sanitary Sewer - Frank Ramsey and Joyce Ramsey r RETURN TO ��s a BOOK-LILPAGE-LL ' 63 x CITY CLERKS OFFICE .-� .p1p; 10 A10 AMES, IOWA 50010 RIGHT-OF-WAY PERMIT AND EASEMENT &A FAR R 1�1 U63 ��!• M KNOW ALL MEN BY THESE PRESENTS : p A. mm. That we, Frank K. and Joyce Ramsey, in conside'Pavi "" tPr following conditions , agreements , and other good and valuable con- siderations as herein contained, 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 con- struct, reconstruct, clean up, operate, maintain, and cover over and repair a sanitary sewer upon, under and across the land described as follows : DESCRIPTION A permanent Sanitary Sewer Easement 10 feet in width whose centerline is described as follows : Beginning at a point 135. 75 feet due East of the N.E. Corner of Lot 9 Christensen' s Subdivision, said point also being 657. 25 feet due East of the West 1/4 corner of Section 16 , T83N, R24W; thence N. 9001' 50"E. , 30. 17 feet; thence N. 58046 ' 50"E. , 221 . 18 feet; thence S . 58023' 40"9. 1 268. 5 feet; Also commenc6ng at the point of beginning; thence S. 9 01' 50"W. , 407 . 07 feet; thence S. 27 23 ' 20"W. , 143. 58 feet; thence S. 77 14' 20"W. , 198. 06 feet. Also, a temporary construction easement 100 feet in width whose centerline is 30. 0 feet North or West of, and parallel to, the above described line. See attached plat marked Exhibit A and made a part hereof. Also, a permanent Sanitary Sewer Easement 10 feet in width and a temporary construction easement 50 feet in width whose centerlines are described as commenc6ng at the S.W. corner of Lot 19, Christensen's Subdivision; thence S. 16 47' 00"E. , 154 84' ; thence N. 77 14' 20"E. , 117. 91 ' to the point of beginning; thence S. 17�04' 50"W. , to the South property line of Lot 11 of said subdivision. See attached plat marked Exhibit B and made a part hereof. The City of Ames hereby agrees to : 1. Replace sod from Station 74+08 to Station 76+06 . 06 and reseed balance of the permanent easement. 2. Repair the damage, if any, to the entrance ramp to the Ramsey property caused by machinery, equipment and/or materials used in the construction of said sewer. 3. Repair and smooth ruts in terrain caused by machinery, equipment and materials used in the construction of the sanitary sewer. 4. Stake the boundaries of the temporary easement and see that said boundaries are honored in the construction of the sewer. 5. Survey and mark with permanent markers the North and South lines of the permanent easement at the points the same crosses the eastern and western boundaries of the Ramsey property. 6. Clean out the brush and accumulated debris under the old railway tressle at the East boundary line of the Ramsey property. 6.5. Permit Grantors, their successors and assigns to have one cormection to said sanitary sewer free of correction fee. The cost of constructing the line be- tween the sewer coYmection and Grantors' residence shall be at Grantors' expense. r RETURN TO • - 2 - C!i Y CLERKS OFFICE " AMES, IOWA 500104 7. Pay damages for the loss or removal of any trees on the Ramsey property resulting from the construction of said sanitary sewer. In the event the parties cannot agree as to the cause or amount of damage, the matter shall be settled by arbitration, with each party to select one arbitrator and the two so selected shall select a third arbitrator. The decision of a majority of the arbitrators shall be final. Fees charged by the arbitrators shall be shared equally between the parties . In the event a tree dies within 2 years of the completion of construction of the sewer through the Ramsey property, there shall be a rebutable presumption that the death resulted from injury incurred during construction of said sewer. Three trees at Station 71+00 , Three Hundred Dollars ($300. 00). 8. Pay $2. 00 perlineal foot, ($2 ,687, 12) , measured along the line of the permanent easement, to compensate the grantors for the permanent easement, the temporary easement, inconvenience, care in maintaining resodded and reseeded areas and attorney fees incurred by grantors to date of execution of the easement agreement. 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 rights granted. Dated at Ames , Iowa, this day of 1977 . STATE OF IOWA ) > Ss COUNTY OF STORY) On this 37K day of 197, before me, the under. 'gned, a Notary Publi in and for said County, in said State, pe;� ljrr appeared fra3zl< JC. 6)>nS-eT ox,0 -7V91C e &&Ms,4 , e identical (person/persons) named in and who executed foregoing instrument, and acknowledged that they executed " voluntary act and deed. r xTT'4 , �f Ff Atoll i otary YU b t< s-,x a•ne Co r TM-r STaTP a X&ev zL STATE OF IOWA ) SS COUNTY OF STORY) than this 28th day of July, 1977, before me, the undersigned, a •..Public in and for said County, in said State, personally appeared ' Soper, to me known to be identical (person/persons) named in cuted the within and foregoing instrument, and acknowledged heexe ted the same as their voluntary act and deed. Notary Public in a or The State of Iowa ��• •cj BOOK, .PAGE_� � 1 t BOOK. ..PAG EXHIBIT B V PLAT OF SANITARY SEWER EASEMENTS A Permanent Sanitary Sewer Easement 10 feet in width and a temporary construction easement 50 feet in width lying in the S.W. 1/4 Sec. 16, T83N, - - R24W of the 5th P.M. in Story County, Iowa, said easement's centerlines being described as follows: Co,ranencing at the S.W. corner of Lot 10, Christensen's Subdivision, thence S., 160 47' 00" E. , 154.84' ; thence N. 770 14' 20" E. , 117.91 ' to the point of beginning; thence S. 170 04' 50" W. , to the South property line of Lot 11 of said subdivision. a LEGEND F ft lj — o PROPERTY PIN `` —PROPERTY LINE PERMANENT EASEMENT —--- . . TEMPORARY. . TEMPORARY EASEMENT FRANKS JOYCE RAMSEY— OWNER t LOT 10 1'= 60 SW COR LOT 10 CHRISTENSEN'S SUBDIVISION N \ o \ STATE AVE. Ay. ` R O W _LIMUT LOT -14 �p POINT OF BEGINNING i \ aE 3 • o 0 RETURN TO 6!1 Y CLERKS OFFICE AMES, IOWA 50010 EXHIBIT A • PLAT OF SANITARY SEWER EASEMENTS cc i a FRANK 81 JOYCE RAMSEY L' N i r 1"'= 100' TEMPORARY CONSTRUCTION PERMANENT EASEMENT EASEMENT too, � S - Z z . s p 2 46 3 �$ F o � i O o � W 1/4 COR SEC 16 T83N R24W o 6 7.25' 2 30.17' 13.5.75' NE CORNER PT• OF/ LOT 9 BEG• I � G I LEGEND LOT it • PROPERTY CORNER iZ�PROPERTY LINE PERMANENT EASEMENT TEMPORARY EASEMENT 9 3 407,,07' µ LOT 10 I -.° A Permanent Sanitary Sewer Easement 10 feet in width whose o centerline is described as follows : o Beginning at a point 135.75 feet due East of. the N.E. , Corner of Lot 9 Christensen's Subdivision, said point also being 65.25 feet due East of the West 1/4 Corner of Section 16, T83N, R24W; thence N. 9001 ' 50" E. , 30. 17 fee ; thence N. 580 46' 50" E. , 221 . 18 feet; thence S. 58 23' 40" E. , 268. 5 feet; Also commencing at the point of beginning; thence S. 9° 01 ' 50" W. 807.07 feet; thence S. 27 23' 20" W. , 143. 58 feet; thence S. 77 14' 20" W. , 198.06 feet. r' p A Temporary Construction Easement 100 feet in width whose 0 143.58' centerline is 30 •feet North or West of, and parallel to, the co following described line: 77o14 20 Beginning at a point 135.75 feet due East of the N.E. 0 ` S Corner of Lot 9 Christensen's Subdivision, said point M being G57.25- feet due <i,,>t of the W. '�j Corner of Section T83N, R24W; thence N ;' 01 " 50'" E. , 30. 17 fSe.t; thence N. 58° 46' 50" E. , 221 . 18 feet; thence S. 58 23' 40" E. , STATE 268.5 feet;0Also commencing at the point of beginning; AVE. thence S. 9 O1 ' 50" W. , 407.07 feet; thence S. 27° 23' 20" 143. 58 feet; thence S. 77° 14' 20" W. , 198.06 feet. c . . �? a. W, FILED FOR ,D r� STATE OF IOYJr. STORY phi,± )) ss At.t..!t .o .......P.-M.`and. I►,U"r_ 1JI7 indexes / Recc 3 in Book../._ �.. on r G +�. Y1.:,;..JJ• RECDADER BY................................ .ate' LLJ U_ O .--4 L+-- O I.-- L Z;p Q C= Y � JO s ar