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HomeMy WebLinkAbout~Master - Avigation - Sevde� r 0 0 Rem* MW COUNTY, A AM FOR RECORD G Atows Pee$ - EASEMENT �1 41 30 1989 31W WHEREAS, Richard H. Sevde and Marguerite Sevde, husband and wife, hereinafter called the Grantors , are the owners in fee of that certain tract or parcel of land situated in the County of Story , State of Iowa, described in Paragraph 1 be- low; and WHEREAS, the City of Ames , Iowa, hereinafter called the Grantee, is the owner and operator of the Ames Municipal Air- port , 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 , in order to provide a flight path for airplanes and for the protection of aircraft landing and taking off at the Ames Municipal Airport, it is deemed necessary that some of the land in the area near the runways of the said airport be restricted in the height which objects placed upon it can be built or allowed to grow, and Grantors ' described parcel is in that area. NOW, THEREFORE, 1 . In consideration of the sum of One Thousand Eight Hundred Thirty Dollars ($1 , 830. 00) paid to the Grantors by the Grantee , the receipt and sufficiency of which is hereby acknowledged, and in consideration of the public welfare, the Grantors , for themselves , their heirs , successors and as- signs , do hereby give and grant to the Grantee for the use and benefit of the public , a perpetual easement and right-of- way for the unobstructed and unrestricted flight of aircraft in, through and across the airspace at or above an elevation of 975 'MSL at the northernmost point and sloping to 962.51MSL at the southernmost point over and above the following real estate: Commencing at the SW Corner of the NE1 /4 of Section 15 T83N R24W of the 5th P.M. , Story County; Iowa; thence North 89°21 ' 00" East 513 . 89 feet ; thence North 35°35 ' 09 West 39.2 feet to point of begin- ning; thence North 35°35 ' 09 West 234. 76 feet ; thence South 45° 53 ' 00" West 150. 0 feet ; thence South 44°07 ' 00" East 122 . 99 feet ; thence North 89°21 ' 00" East 158. 69 feet to point of beginning, containing 0. 56 acres . 2 . The Grantors , for themselves , their heirs , succes- sors and assigns do hereby covenant and agree that they will not erect , maintain or allow any buildings , structures , ob- jects or plant growth above an elevation of 975 'MSL at the northernmost point and sloping to 962. 5 'MSL at the southern- most point on the real estate described in Paragraph 1 here- in. BOOK. PAGE -2- 3. The Grantors , for themselves , their heirs , succes- sors , 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 or preventing the construction or erection of any buildings , structures , objects or plant growth to the extent they might be in the airspace included in the easement . 4. 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 WITNESS WHEREOF, the Grantors have hereunto set their hands this /0-M day of Novem 1 1988. Y',d'j-1 f RICHARD H. SEVDE M IT SEVDE STATE OF IOWA, COUNTY OF STORY, SS : On this day ofT, 1988, before the under- signed Notary Pub is in and for Story County, Iowa, personal- ly appeared Richard H. Sevde and Marguerite Sevde, to me per- sonally known to be the identical persons whose names are af- fixed 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 day and date last above written. ENotary Public, Stor County, Iowa BOOK_A93&_PAGE t t t AVIGATION EASEMENT -14- FOR I AMES MUNICIPAL AIRPORT N ` .r t OWNER: Richard Sevde r SW CORNER OF �0 Asa NE 1/4 OF SEC. `:)a5� gyp,so 15, T83N, R24W s i E-10 158.69' N69"21'E F SCALE: 1" = 200" 513.89' w -cl{ • 3 O { 0 S N ! ahh�o i22s�, POINTS OF BEGINNING i E-9 i i E-10 Commencing at the SW corner of the NE; of Section 15 T83N R24W of the 5th P.M.„ Story County, Iowa; thence north 89' 21' 00" east 513.89 feet; thence north 351 35' 09" west 39.2 feet to point of begin- ning; thence, north 351 35' 09" west 234.76 feet; thence south 45* 53' 00" west 150.0 feet; thence south 44° 07' 00" east 122.99 feet; thence north 890 21' 00" east 158.69 feet to point of beginning, con- taining 0.56 acres. BOOK�_�! ..PAGE rt� Co !�II c`1�_' j c � , co