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Home My WebLink About~Master - Discharge Conduit - Ingram J INST# 05631 f L*✓ FEE $ D. �_g EASEMENTS FOR CITY OF AMES WASTEWATER TREATMENT PLANT DISCHARGE CONDUIT, DISCHARGE FACILITY, AND ROUTE OF INGRESS AND EGRESS TO DISCHARGE FACILITY GLENN E. INGRAM and V. BERNICE INGRAM , husband and wife, (hereinafter "grantors"), for and in consideration of Twelve Thousand, Five Hundred Dollars ($12,500.00) cash, and other valuable considerations, paid by the City of Ames, Iowa, a municipal corporation of the County of Story, State of Iowa (hereinafter "grantee") receipt of which is hereby acknowledged, do hereby give, grant and convey unto said grantee a permanent and perpetual easement and right-of-way on, over, under and across the real estate hereinafter described for the purpose of in- stalling, replacing, repairing and maintaining a buried conduit for transporting water discharged from the grantees wastewater treatment plant to a discharge faci- lity on the west bank of the Skunk River, said permanent easement being thirty feet (30' ) in width and legally described as follows: "A permanent easement 30 feet in width centered on a line more particularly described as follows: Beginning at point 'A' 1,220.51 feet North and 11.62 feet East of the Southwest corner of Section 32, Township 83 North, Range 23 West of the 5th P.M. and running thence North 53' 18' 29" East 1,532.36 feet to point 'B' , thence North 87° 18' 29" East 75 feet to the west bank of the Skunk River" together with all rights reasonably necessary or incident thereto, including the right of ingress and egress to and from said property for the purpose of install- ing, replacing, repairing, testing, enlarging and maintaining said conduit, unto said grantee, its successors, agents and assigns. Furthermore, during any period of initial construction of said conduit the grantor does hereby give, grant and convey unto said grantee a "temporary" con- struction easement and right-of-way on, over and across the real estate hereinafter described for the purpose of installing said conduit; said temporary easement being 55 feet in width on the north side of the said permanent easement and 15 feet in width on the south side of the said permanent easement, and legally described as follows: "A temporary construction easement 55 feet in width on the north and 15 feet in width on the south parallel to and abutting the above described permanent easement" together with all rights reasonably necessary or incident thereto, including the right of ingress and egress to and from said property for the purpose of installing said conduit. Furthermore, grantor does give, grant and convey unto said grantee a permanent and perpetual easement and right-of-way on, over, under and across the real estate hereinafter described for the purpose of installing, replacing, repairing and maintaining a discharge facility and structure; said permanent easement, being 500 feet in length and 200 feet in width, is legally described as: "A permanent easement 500 feet in length and 200 feet in width bounded on the west by a line extending 300 feet northerly and 200 feet southerly from point 'B' or a northerly bearing of North 220 00' West and a southerly bearing of South 22' 00' East more or less, all located in Section 32, Township 83 North Range 23 West of the 5th P.M." together with all rights reasonably necessary or incident thereto, including the right of ingress and egress to and from said property for the purpose of install- ing, replacing, repairing, testing, enlarging, expanding and maintaining said discharge facility and structure. Furthermore, grantor does give, grant and convey unto said grantee a permanent and perpetual easement for ingress and egress to give access to the said discharge facility and conduit, said permanent easement being 15 feet in width and legally described as follows: INST.NO. OSG31 STORY COUNTY, IOWA FILED FOR RECORD �►nn DEC 3 11986 �AF SUSAN L. POTTER, Recorder 6y Deputy BOOK_. 11LJ PAGE "A permanent access easement 15 feet in width lying westerly of and abut- ting the west toe of slope of a levee more particularly described as fol- lows: Beginning at a point 2,393.91 feet east and 33 feet north of the Southwest corner of Section 32, Township 83 North, Range 23 West and run- ning thence approximately North 270 00' West 2,000 feet more or less to the southerly line of the above described 500 foot by 200 foot easement for a discharge facility, all located in the southwest one quarter of Section 32, Township 83 Noarth Range 23 West of the 5th P.M. , Story County, Iowa." together with all rights reasonably necessary or incident thereto. All the foregoing grants of easement are subject to the followingconditions: 1. Grantor hereby reserves the right to the use of said property for all purposes not inconsistent with this grant and not unreasonably interfering with the exercise of the rights hereby granted. 2. No permanent building or trees shall be placed on the land granted as a permanent easement, but the same may be used for such other purposes which do not interfere with the rights of grantee contained in this declaration. 3. Any conduit or structure laid or constructed pursuant to this easement shall insofar as the conduit is concerned, be buried so that the top of the pipe shall be approximately two feet (2') below the surface of the ground; and, the surface of the ground over said pipeline shall be restored to the former condition and level as near as may be practicable. 4. The Grantors hereby quit and release any claims for damages arising out of the construction or _operation of said outfall facility and water pollution control facility, except for common law rights to damages from diversion of surface water caused by construction of the treatment plant; and do hereby covenant not to sue to enjoin said construction or operation on any theory or basis whatsoever. 5. This declaration shall be binding upon the heirs, assigns or successors in interest of the grantor. IN WITNESS WHEREOF, said grantor has caused this instrument to be signed and acknowledged this day of �c¢.,,�g'�y , 1986. GRANTOR Glenn E. Ingram EV. Bernicb Ingram State of Iowa, Story County, ss: On this y of Z) .*m ,4 19 YC before me the undersigned, a notary public in and for the State of Iowa, personally appeared Glenn E. Ingram and V. Bernice Ingram, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. *A -t, JOHN R.KtA11tz MYJQ*WItKLAXM No ta ublic in a d for Iowa 2 C a i...,":`D DEC 2 9, CITY CLERK�� MY OF AM4 IOWA BOOK !_PAGE . � • r W C� (n CO m c-� c, m o U3 c OO a'rn In c O ca .� r-r► o � -� c> , c� ct O c a y o cn rTf� CD 1 Z �- } k4