HomeMy WebLinkAbout~Master - Water Conduits - Haynesr 04731
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' STORY COUNTY, IOWA C _C� - �' o O
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FILED FOR RECORD - r
'�►M JAN 2 8 1985 RIGHT-OF-WAY EASEMENT FOR WATER CONDUITS RE $ "1. ._.._
1 D AMES, IOWA
SUSAN L.POTTER,Re
corder
BY Deputy D--,ceMbe�,
F
This agreement, made and entered into as of the �g day of
1984, by and between the City of Ames, a municipal corpdration, her "nafter so times
called "city", and Marion Haynes, hereinafter called "grantor", witnesseth:
For and in consideration of the sum of one dollar ($1) and other consideration,
the receipt of which is hereby acknowledged, the grantor hereby grants to the city,
its successors and assigns, a right-of-way in which to construct, maintain, repair,
replace, enlarge and operate water conduits, with necessary valves, vaults, manholes,
ventilators,,_and appurtenances in, through, over and across the following described
tract of land situated, lying and being in the city of Ames, county of Story and
state of Iowa, to wit:
Beginning at a point on the east line of Lot 10 Friedrich's Commercial
Addition to Ames, Iowa 35' north of the southeast corner thereof thence
east 10' thence north parallel to the east line of said Lot 10, a distance
of 217.8' thence west 10' , thence south along the east line of said Lot 10
to the point of beginning.
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0 Also a temporary construction eastment 10' in width described as follows:
Commencing at a point on the east line of Lot 10, Friedrich's Commercial
(� Addition to Ames, Iowa, 35' north of the southeast corner thereof; thence
east 10' to the point of beginning; thence continuing east 10' , thence
u north parallel to the east line of said o 10 a distance o 8'
p i Lot f 217. thence
west 10' , thence south 217.8' to the point of beginning.
All located in the SW4 of the SW4 of Section 1, Township 83 North, Range 24
Q West of the 5th P.M. Story County, Iowa, and containing 0.05 and 0.05 acres
respectively.
It is hereby mutually covenanted and agreed by and between the parties hereto as
follows:
1. The right-of-way hereby granted is for a subsurface right for said water
pipes, or conduits, which shall be laid not less than two and one-half feet below the
natural surface of the adjacent ground, and for the use of the surface of the ground
only for manholes, ventilators and other necessary surface appurtenances and the
right to maintain, repair, replace, enlarge, and operate the pipes, or conduits, and
its appurtenances, together with the right of ingress and egress over the above-
described tract of land for said purposes.
2. After the construction hereinabove referred to, the surface of the ground
shall be restored to its natural condition as near as may be without increasing the
cover over the pipes to a greater depth than ten feet, and top soil shall be replaced
in cultivated areas.
3. Any damage done to growing crops as a result of construction, repair or
other work done by city in the exercise of its rights hereunder, shall be paid by the
city to the owner of such crop, but grantor shall not plant in the easement in the
year when construction is anticipated.
4. The grantor shall have the undisturbed use of the ground hereinabove de-
scribed insofar as such use does not interfere with the rights herein granted to the
city, except the grantor shall not erect or place any building, or plant any tree on
any of the above-described right-of- way, and the city shall not be liable for
damages occasioned by their removal or injury when done to protect its facilities.
5. Neither party has made or authorized any agreement with respect to the
subject matter of this instrument other than expressly set forth herein, and no oral
representation, promise, or consideration, different from the terms herein contained
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shall be binding on either party hereto with respect to the subject matter of this
instrument.
6. Grantor warrants that he has full right and lawful authority to make the
grant hereinabove contained, and promises and agrees to defend the city in its exer-
cise of rights hereunder against any defect in his title to the land involved or his
right to make the grant hereinabove contained.
7. Each and every one of the benefits and burdens of this agreement shall inure
to and be binding upon the respective legal representatives, heirs, executors, ad-
ministrators, successors and assigns of the parties hereto.
In witness whereof, the parties have executed the within agreement as of the day
and ye r first above written.
4
STATE OF IOWA, STO Y COUNTY, SS.
On this oZ�.— day of , 1�> , before me, the undersigned, a
Notar Public in and for Story ounty, I wa, personally appeared a
personally known to me to be the identical ge -stuns
whose4 amen are affixed to the foregoing instrument and acknowledgedfi at�`teyxe-
cuted the same as their voluntary act and deed. t
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Notary Pub c, Atate of wa
SWor\T.HIo shod
CITY OF
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P
._ By
F. Paul Goodland, ffayor
"Attest
.
Jerk
a�s •'"kF
STATE OF IOWA,YCOUNTY OF STORY ss.
On this 6?c3&__kday of.jl_, , A.D. , 198Wbefore me, the undersigned, a Notary
Public in and for the State o Iowa, personally appeared F. Paul Goodland and Nancy
Gibbons, to me personally known, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of said city; that the seal affixed thereto
is the seal of said city; that said instrument was signed and sealed on behalf of
said city by authority of its City Council and that the said F. Paul Goodland and
Nancy Gibbons as such officers acknowledged the execution of said instrument to be
the voluntary act and deed of said city, by it and by them voluntarily executed.
Notary Pub c, State of I a
02G
WCOMM' ION WES
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