HomeMy WebLinkAbout~Master - Storm Sewer - Collegiate Methodist Church and Miller ' Fee 4. 50
PERMANENT EASEMENT
THIS AGREEMENT made and entered into this day of
1963, by and between Collegiate Methodist Church, Inc. ,
a corporation incorporated in the State of Iowa; and Charles Miller and
Josephine Miller, husband and wife, hereinafter referred to as grantors,
Bourns, Inc. , a corporation incorporated in the State of California, herein-
after referred tows the lessee, and the City of Ames, Iowa, a municipal
corporation, hereinafter referred to as the City.
WITNESSETH :
In consideration of the sum of one dollar, the receipt of which is hereby
acknowledged, and other valuable considerations, the grantors do grant unto
the City, its successors and assigns, a permanent easement and right of way,
including the perpetual right to enter upon the land hereinafter described at
any time tbO-10ty may deem necessary, and construct, reconstruct, maintain
and repair an underground storm sewer , together with the right to excavate
and fill ditches for the location of said sewer, and the further right to remove
trees, bushes and other obstructions interfering with the location, con-
struction and maintenance of said sewer.
The easement and right of way hereby granted covers a parcel of land
particularly described by metes and bounds as follows:
Beginning at the northeast corner of Lot 9 in Block 5 of the
Auditor's Plat of Beardshear's Addition and Walter's Sub-
division in the Northeast Quarter of the Northeast Quarter
of Section 9, Township 83 North, Range 24 West of the 5th
Prime Meridian, Ames, Story County, Iowa; thence South
50 feet to the southeast corner of Lot 10; thence West 100
feet along the South line of Lot 10; thence North 25 feet to
the North line of Lot 10; thence East 24 feet along the North
line of Lot 10; thence northeast to a point on the North line
of Lot 9 55 feet West of the northeast corner of Lot 9; thence
East along the North line of Lot 9 to the point of beginning.
In consideration of one dollar, the receipt of which is hereby.adknow-
ledged, and other valuable considerations, the lessee agrees that its present
ly
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existing leasehold interest in the above described property shall be, henceforth,
held subject to the aforesaid easement granted to the City; and that the lease
agreement creating said leasehold interest is hereby modified in accordance
with the terms of this instrument.
The foregoing rights are granted upon the express condition that the
City will assume 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
CHARLES MILLER OSE HINE MILLER
COLLEGIATE METHODIST CHURCH, INC.
By
Austin A. King, ,,1376slent Ruth 1K. Jo son, Secretary
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BOURNS, INC.
—Mar
lan E. Bourns, President R. Albert Beek, Vice-President
Secretary-Treasurer
STATE OF IOWA,
: SS
COUNTY OF STORY :
On this `7'y day of /��/P�iC1` 1963, before me, the under-
signed, a Notary Public in and for said County in said State, personally
s�.ppeared Charles Miller and Josephine Miller, husband and wife, to me
4*a to be the identical persons named in and who executed the foregoing
xa i't��ent, and acknowledged that they executed the same as their voluntary
feed.
Notary Public in and for Story County, Iowa.
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STATE OF IOWA .
: SS
COUNTY OF STORY:
On thisT� day of /� C� 1963, before me a Notary
Public in and for Story County, Iowa, personally appeared Austin A. King
and Ruth M. Johnson, to me personally known, who being by me duly sworn,
did say that they are the President and Secretary, respectively of the Board
of Trustees of the Collegiate Methodist Church, Inc. , executing the foregoing
instrument to which this is attached; that said corporation has no seal; that
said instrument was signed on behalf of said corporation by authority of its
Board of Trustees; and that the said Austin A. King and Ruth M. Johnson as
such officers acknowledged the execution of said instrument to be the
vo]untary act and deed of said corporation, by it and by them voluntarily
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a A NotaryPublic in and for said County.
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STATE OF CALIFORNIA
SS
COUNTY O i
On this/) Z4 day of } : 1963, before me, the
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undersigned, a Notary Public in and for said County, in said State, personallly
appeared Marlan E. Bourns and R. Albert Beck, to me personally known,
who, being by me duly sworn, did say that they are the President and Vice-
President/Secretary-Treasurer, respectively, of Bourns, Inc. executing the
within and foregoing instrument to which this is attached, that the seal
affixed thereto is the seal of said corporation; that said instrument was signed
and sealed on behalf of said corporation by authority of its Board of Directors;
and that the said Marlan E. Bourns and R. Albert Beck as such officers
acknowledged the execution of said instrument to be the voluntary act and deed
of, said corporation by it and by them voluntarily executed.
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Notary Public in and for said County.
ANNABEL B. "INTO"
1 } t Wy carnmission expires June 26,1966
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