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HomeMy WebLinkAbout~Master - Avigation - Walsh lWST NO Qd� SFORY COUNTY 10%� (� (LED FOR RECORD G "IGATION EASEMENe t V AM ---a'� Susan LD� Vande Kamp WHEREAS Eugene Walsh and Orpha G. Walsh," husband and ANY Recorder ter called the Grantors, are the owners in fee of that certain tract or parcel o ' land situated in the County of Story, State of Iowa, described in paragraph 1 below; and WHEREAS, the City of Ames, Iowa, hereinafter called the Grantee, is the owner and operator of the Ames Municipal Airport, situated in the said County of Story, State of Iowa, in close proximity to the said tract or parcel of land of the Grantors; and WHEREAS, for the protection of aircraft landing and taking off at the Ames Municipal Airport, it is deemed necessary that the land in the immediate approaches (within approximately one-half mile) to the runways of the said airport be and remain cleared of any buildings, structures, objects, growths or assemblies of persons, other than air navigation facilities; NOW, THEREFORE, 1. In consideration of the sum of One 14UH&ed and F'7 Dollars .Salid other valuable consideration paid to the Grantors by the Grantee, a ceip't and sufficiency of which is hereby acknowledged, and in consideration of the public welfare, the Grantors, for themselves, their heirs, successors and assigns, do hereby give and grant to the Grantee for the use and benefit of the public, a perpetual aviation easement and right-of-way for the unobstructed and unrestricted flight of aircraft in, through, and across the airspace over and above the following described land, at or above an elevation of 955 MSL at the northernmost points and sloping to 990 at the southernmost points: Commencing at the southeast corner of the NW; of Section 23 T83N R24W of the 5th P.M. ,- Story County; Iowa; thence south 890 28' 00" west 728.0 feet; thence north 380 25' 00" west 705.0 feet to point of beginning; thence north 381 25' 00" west 409.0 feet; thence north 441 07' 00" west 195.8 feet; thence south 89' 22' 40" west 133.6 feet; thence south 33' 14' 21" east 699.8 feet; thence north 480 10' 48" east 188.5 feet to point of beginning, containing 2.3 acres. Commencing at the southeast corner of the NW4 of Section 23, T83N R25W of the 5th P.M. , Story County, Iowa; thence south 89" 281 00" west 286.9 feet; thence north 0° 29' 00" west 571.2 feet; thence north 49' 49' 00" west 679.1 feet to point of beginning; thence north 491 49' 00" west 316.2 feet; thence north 01 25' 00" west 275.87 feet; thence south 50' 18' 03" east 525.8 feet; thence south 480 10' 48" west 216.0 feet to point of begin- ning, containing 2.1 acres. 2. The Grantors, for themselves, their heirs, successors and assigns do hereby covenant and agree that they will not erect, maintain, or allow any buildings, structures, or objects above an elevation of 955 MSL at the north- ernmost points and sloping to 990 MSL at the southernmost points on the real estate described in paragraph 1 herein, or permit any growths thereon; BOOK PAGE 1------`-3`--- provided, however, that the Grantors reserve unto themselves, their heirs, successors and assigns, the right of use of the said land for crop farming purposes and may bring farm machinery on the land temporarily as necessary to carry out farming tasks. 3. The Grantors, for themselves, their heirs, successors and assigns, do hereby further covenant and agree that they will not use or suffer the said land to be used by any assembly of persons or in such a manner as might attract or bring together an assembly of persons thereon. 4. The Grantors, for themselves, their heirs, successors and assigns, do hereby further give and grant to the Grantee a continuing right to enter upon the aforesaid land for the purposes of removing and preventing the con- struction or erection of any buildings, structures, or facilities and the growth of any trees or other objects upon the land, other than those herein expressly excepted. 5. It is understood and agreed that these covenants and agreements shall be binding upon the heirs, administrators, executors and assigns of the parties, that these covenants and agreements shall run with the land. IN WITNES,¢ WHE OF, the Grantors have hereunto set their hands and seals this �-4:day of 1988. E kee-e [Walsh L� n 1 Orp�4A G. Walsh STATE OF IOWA: STORY COUNTY: n On this � day of 1988, before the undersigned Notary Public in and for Story County, Iowa, personally appeared Eugene Walsh and Orpha G. Walsh, to me personally known to be the identical persons whose names are affixed to the above instrument and acknowledged the execution of the same as their voluntary act and deed for the purposes therein expressed. Witness my hand and seal the d and d last above written. Notary Publi tory County, Iowa My commission expires: � GEORGE W• VEST, �R• ��� MY C�MM1SS10N EXPIRES an Avigation - 2 - 80QK ? G PAGE J • -14- /IGATION EASEMENT FOR AMES MUNICIPAL AIRPORT N Owner: Eugene and Oraha G. Walsh 0 SS Oo.J N S,2s fie' 03,� E-12 SCALE = I" = 300= S89`22'40"W 13 .. 2 POINTS OF ti490 • 4``�i O Q BEGINNING 9j, ly �o h z cn 0 N SE CORNER OF 00. N g NW 1/4 OF SEC. 46-, T83N. R 24W 43 S89028,W 286.9' 728• corner of the NW of Section , 2-3 T831I or � _ the southeast c ° � � E 11 Commencing at R24W of the 5th P.M. ,' Story County, Iowa; thence south 89 28 00 west 728.0 feet; thence north 380 25' 00" west 705.0 feet to paint of 440 beginning; thence north 380 25' 00" west 4092 feet; thence north2` 40" west 133.E feet; 07' 00" west 195.8 feet; thence south 890 thence south 33° 14' 21" east 699.8 feet; thence north 480 10' 48" east 188.5 feet to point of beginning, containing 2.3 acres. E-12 Commencing lat the southeast corner of the NW; of Section 23 , T83N Count y, Iowa; thence south 89° 28` 00" r Story y� R2�W of the 5th P.M rY ° � " � thence north west 286.9 feet; thence north 0 29 00 west 511.2 feet; 491 49' 00" west 679.1 feet to point of beginning; west ce north feet; 49' 00" west 316.2 feet; 49* thence north 0 25 00 thence south 500 18' 03" east 525.8 feet; thence south 48° 10' 48" west 216.0 feet to point of beginning, containing 2.1 acres. 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