HomeMy WebLinkAbout~Master - Utility - Max Bailey Farms w7
STORY COUNTY, IOWA
N 1 FILED FOR RECORD
AM OCT 0 8 1997
L VANDE KI�UuIPI 9
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Prepared by Mack D. Maffett Attomeu at Law P. O Box 289 Ames Iowa 50010- 515-232-5383
RIGHT OF WAIT PERMIT AND EASEMENT
KNOW ALL MEN BY THESE PRESENTS:
That, Max Bailey Farms, Inc., an Iowa corporation, does hereby grant unto the City of
Ames, Iowa, a municipal corporation, its successor and assigns, the perpetual right to enter
upon the land described and the perpetual right to construct, reconstruct, clean up, operate,
maintain, and cover over and repair a utility easement upon, under and across the real
estate described as follows:
Situated in Story County, Iowa, to-wit:
That part of a parcel of land described in Book 100, page 426, recorded on June 21, 1967, in
the Office of the Story County Recorder, that is located in the Southeast Quarter of the
Southeast Quarter of Section 36, Township 84 North, Range 24, West of the 5th P.M., Story
County, Iowa, more particularly described as follows:
The North 10 feet of the South 65 feet of the Southeast Quarter of the Southeast Quarter of
Section 36, Township 84 North, Range 24, West of the 5th P.M., Story County, Iowa, and
containing 0.303 of an acre, more or less.
See the attached plat of the above described real estate that is marked and made a part
hereof.
The foregoing rights are granted upon the express condition that the City of Ames, Iowa,
will assume all liability for all damages to the above described real estate caused by the
City's failure to use due care in it exercise of the rights granted.
Further, it is understood that on the same date as this Right of Way Permit and Easement
is granted, a Warranty Deed is delivered to and is in favor of the city of Ames, Iowa, by the
grantor herein (Max Bailey Farms, Inc.) which Deed is for the real estate that is 15 feet in
width (North and South) and is located immediately to the South of the above describe real
estate for this Easement. At the time of delivery of the Deed and Easement there are crops
belonging to Max Bailey Farms, Inc. growing on the real estate covered by said Deed and
said Easement. The City of Ames, Iowa, agrees to compensate Max Bailey Farms, Inc. for
these crops in the amount of$400.00.
• 2
Further, it is agreed between the parties (City of Ames, Iowa, and Max Bailey Farms, Inc.)
that on the farmland of Max Bailey Farms, Inc., located just outside the 25 feet of taking
and permanent easement, said Max Bailey Farms, Inc. has rented some real estate to the
DeKalb Seed Corporation for test plots. Since these test plots are not located on the taking
or on the easement there will be no damage to these test plots. However, both parties
hereto agree that should the City of Ames, Iowa, in servicing or working the easement at
sometime in the future, damage said test plots of DeKalb, then at that time Max Bailey
Farms, Inc. (or its representative) shall set the total amount of damage done by the City of
Ames, Iowa, which damages shall be paid by the City of Ames, Iowa, to Max Bailey Farms,
Inc. within 60 days of Max Bailey Farms, Inc. notifying the City of Ames, Iowa, of the
amount of the damages. Failure to do so on the part of the City of Ames, Iowa, would be to
put this easement at risk.
Further, it is agreed that at any time during the easement (which is perpetual) the City of
Ames, Iowa, in servicing this Easement damages growing crops of Max Bailey Farms, Inc.
that are located in the easement area or otherwise, the City shall compensate Max Bailey
Farms, Inc. for such damages.
It is further understood between the parties that in this project to widen 13th Street, the
City of Ames, Iowa, will be required to move at least one sign (possibly two) from where the
sign is located at the present time to a location further back inside the real estate owned by
Max Bailey Farms, Inc. At the time of moving said sign or signs the City of Ames, Iowa,
shall pay to Max Bailey Farms, Inc. the actual damages to the real estate of Max Bailey
Farms, Inc. Said actual damages to the real estate shall be determined by Max Bailey
Farms, Inc. or its representative. These damages shall be paid by the City of Ames, Iowa,
to Max Bailey Farms, Inc. within 60 days of the moving of the Sign.
Dated this -' day of 1997. ° N C
MAX BAILEY FARMS INC.
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Max Bailey, President ��,$••. v]4`,R
State of Florida ] ++^attatt6a�°•`'
County of 001-t1,i v1 ] ss: a
On this day of J U ry , A.D. 1997, before me, a Notary Public in and for
said State, personally appeared Max Bailey, to me personally known, who being by me
duly sworn, did say that he is President of Max Bailey Farms, Inc., an Iowa
corporation, named in the foregoing instrument; that the seal affixed to said
instrument is the seal of said corporation, and that said instrument was signed and
sealed on behalf of the said corporation by authority of its Board of Directors, and the
said Max Bailey acknowledged the execution of said instrument to be the voluntary act
and deed of said corporation.
Witness my signature and official seal the day and year aforesaid, at 6ey#1� ' G;
Florida.
Notary Public in and or the State of Florida
My commission expires
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321309
EXPIRES:l Ntc: e 5,1997
Bonded Thru Notary Public Underwdtars
97- 10858 ( Z) � y�v �,