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00K—Z4.. .PAGE_la.sZ� EASEMENT Inst. #320
KNOW ALL MEN BY THESE PRESENTS: Fee: $4.50
That Gertrude Arnie Rushing, of Louisville, Kentucky, and Bankers
Trust Company, of Des Moines, Iowa, TRUSTEES of the KEITH RUSHING
ESTATE, and Bankers Trust Company, of Des Moines, Iowa, TRUSTEE of
THE GERTRUDE AMIE RUSHING TRUST, in consideration of the sum of One
Dollar ($l. 00), in hand paid by the City of Ames, Iowa, receipt of which is
hereby acknowledged, and other considerations as herein set forth, DO hereb
GRANT unto the CITY OF AMES, IOWA, a municipal corporation, the per-
petual right to construct, reconstruct, clean-up, operate, maintain and
cover over and repair a water line upon, under and across the land described
as follows:
5 feet on each side of a line described as beginning 42. 2 feet
North of the Southwest corner of Lot 16, Block 2, Ames Grain
and Coal Company Addition to the City of Ames, Iowa, thence
East and Northeasterly to a point on the East line of Lot 11 of
Ames Grain and Coal Company Second Addition to the City of
Ames, Iowa at a point 20 feet South of the Northeast corner of
said Lot 11,
the bottom of the water main to be approximately 6 feet 4 inches down from
the surface of the above strip of land and the top of the water main to be
approximately 5 feet down from the surface of the above strip of land.
There is also hereby granted to the City of Ames, Iowa, a temporary
right of ingress and egress over and across any adjacent land of Grantors
and a temporary right of encroachment over and across any adjacent land of
Grantors on either side of the above described line only during the period of
construction.
The foregoing rights are granted only upon the following express
conditions:
A. The City of Ames, Iowa, will save and hold harmless
Grantors -and Grantors' tenants and subtenants from any lia-
bility whatsoever for all damage, whether to person or property,
resulting from the exercise by the City of Ames, Iowa, of the
rights herein granted.
B. The City of Ames, Iowa, will be solely liable for all
maintenance and repair of the water line installed pursuant to
the rights herein granted, and shall maintain and keep said water
line and water main in good repair at its sole cost and expense.
All construction and installation shall be at the sole expense of
the City of Ames, Iowa, and the City of Ames, Iowa, shall restore
the land above described to the condition in w..hich the same was
in before any excavation and installation, including restoration
of the pavement, at said City's sole expense.
C. The City of Ames, Iowa, in installing said water line,
shall excavate only on the North one-half of the street known
as Market Avenue, now running through said Lot 16, more fully
described above, and shall leave the South one-half of said
street clear for the free flow of traffic.
D. The City of Ames, Iowa, shall be liable to Grantors,
their successors and assigns, and any tenant or subtenant of
Grantors, their successors or assigns, for any damage or
injury to property of Grantors, their successors or assigns,
or any such tenants or subtenants, arising from its failure to
keep and maintain the water line installations in good repair.
And in consideration of the sum of One Dollar ($1. 00) in hand paid to
Super Valu Stores, Inc. , tenant of Grantors, and to Kenneth D. Hale and
Rosemary Hale, subtenant of Super Valu Stores, Inc. , receipt of which is
hereby acknowledged, Super Valu Stores, Inc. and Kenneth D. Hale and
Rosemary Hale join herein for the purpose of consenting to the above
Easement, grants and excavation necessary, and for the purpose that such
Easement shall bind any right or interest that said Super Valu Stores, Inc.
and Kenneth D. Hale and Rosemary Hale may have in the real estate above
described as a tenant or subtenant, respectively, of Grantors.
By the acceptance of this Easement, the City of Ames, Iowa, agrees
to observe and perform all of the conditions and provisions of said Easement
Executed in quadruplicate on this z?., day of
A. D. 196 7.
SUPER VALU STORES, INC.
BY
H er
4
Tenant
Kenneth D. Hale
A�2
Rosemary Wle
Subtenant Gertrude Amie Rushing, Tru tee
and
BANKERS TRUST COMPANY
1
Att e st• ZA-� -
l" Qn, ice Pres BY
Ronald E. Fenton
Asst. Sec.
Robert ."SteWart TRUSTEES of the ESTATE OF KEITH
. RUSHING, DECEASED
BANK
TRUST COMPANY,
BAN
TRUSTEE of THE GERTRUDE AMIE
RUSHING TRUST
Attest: By r. � `�- e-Pres
.�• Ronald E. Fenton
b. As, Sec.
Robert B. Stewi .1:7tst,,',a
Grantors
STATE OF KENTUCKY
. SS,
COUNTY OF JEFFERSON
On this �„',�� day of A. D. 1967, before me,
the u e si ed, W6!Wr#tru0ea41
0 i 'yin a fo s d ounty, in said St te,
� t �]( be i e identical
a y ppe e mVe ushingo to me down o
BOOK PAGE
-a-
000K.-Z PACE Ja.�_Person named in and who execute the oregoing instrument and acknowledged
that she executed the same as her voluntary act and deed` Y y m 'her capacity
Trustee.
<' G Notary Public in and for �said County
r;Y .au .a.^ �.Stij• Nct^-��Pt.y�=n 7rn •"' l-.s.':I`!� Ii1J.
N'y G�.J\.
STATE OF IOWA
: SS,
COUNTY OF POLK :
On this , day of , A. D. 1967, before me,
the undersigned, a Notary Public i6 and for said County, in said State,
personally appeared_Ronald E. Fenton and Robert B. Stewart, to me personally
known, who, being by me duly sworn, did say that they are the Vice-Preside t
and Assistant Secretary, respectively, of Bankers Trust Company, the
corporation executing the within and foregoing instrument as one of the
Trustees of the Estate of Keith Rushing, deceased; that the seal affixed there o
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
the said Ronald E. Fenton and Robert B. Stewart as such officers acknowledg d
v the execution of said instrument to be the voluntary act and deed of said
�N y, .ncbr-po ration by it and by them voluntarily executed.
7/70 w
Q Notary Public in and for said County
STATE OF IOWA
. SS.
COUNTY OF POLK :
On this day of . > A. D. 1967, before me,
the undersigned, a Notary Public int/and for said County, in said State,
personally appeared Ronald E. Fenton and Robert B. Stewart, to mepersonal y
known, who, being by me duly sworn, did say that they are the Vice-President
and Assistant Secretary, respectively, of Bankers Trust Company, the corpo
ration executing the within and foregoing instrument as Trustee of The
Gertrude Amie Rushing Trust; 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 the said Ronald
E. Fenton and Robert B. Steward as such officers acknowledged the
execution of said instrument to be the voluntary act and deed of said corpo-
ration by it and by them voluntarily executed.
.�t Notary Public in and for said County
t
-3-
STATE OF MINNESOTA :
SS.
COUNTY OF HENNEPIN :
On this lz t , day of A. D. 1967, before me,
the undersigned, a Notary Public in and for said County, in said State,
personally appeared Homer A. Childs , to me personally known,
who, being by me duly sworn, did say that he is the Vice President and Secretary
of Super Valu Stores, Inc. , the corporation executing the within and
foregoing instrument as Tenant; 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
Homer A. Childs as such officer acknowledged the execution
of said instrument to be the voluntary act and deed of said corporation by it
and:by him voluntarily executed.
No y Public in and for said County
and State
' 0. PATRICK CASHIN
i W6tary Public, Hennepin Coim A?inn.
JAy Comnisnien £spires ]an. 3, 1970.
STATE OF'IOWA
: SS,
COUNTY OF STORY :
On this /y'd day of A. D. 1967, before
me, the undersigned, a Notary Public ' and for said County, in said State,
personally appeared Kenneth D. Hale and Rosemary Hale, husband and
wife, to me personally known to be the identical persons named in and who
executed the above and foregoing instrument and acknowledged that they
executed the same as their voluntary act and deed.
e
— ..L Notary Public in and for said C04ptyr.,,
NCTAr, PtraiC and State ,
Comd:issicn Exh'ires Juiv A, !951
l
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