HomeMy WebLinkAbout~Master - Public Access to Parkland - Murray a .ST' 0a364
EASEMENT FOR PUBLIC ACCESS TO PARKLAND
(3207 OAKLAND/EMMA MCCARTHY LEE PARK) �,,�,
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THIS grant of easement, made this 17th day of September
1985, by and between William G. Murray and Alice Murray, of 3207
Oakland, Ames, Iowa, hereinafter called the Grantors, and the City of
Ames, Iowa, hereinafter called the Grantee, witnesseth:
WHEREAS, Grantors are the owners in fee of certain land herein-
after described, located in the City of Ames, Story County, Iowa; and,
WHEREAS, said land abuts on certain park land of the City of
Ames called Emma McCarthy Lee Park; and,
WHEREAS, the Grantors and Grantee desire that a hereinafter
described part of that land be allowed to serve as a route of ingress
and egress for the public, and for park workers, to the aforesaid
rf abutting park land;
NOW, THEREFORE, in consideration of the sum of one dollar and
9 other valuable considerations to the Grantors in hand paid, the receipt
of which is hereby acknowledged, and in further consideration of the
covenants, -terms and conditions hereinafter set forth, Grantors hereby
grant and convey unto the Grantee forever an interest and easement to
the extent hereinafter set forth with respect to the land of the Grantors
described as:
See attached plat and description.
The terms, rights, privileges, conditions and restrictions of the ease-
ment hereby granted are as follows:
1. The Grantee, its officers, employees, agents, designees, and
the general public, shall have the right to use the above described land
as a route and means of ingress and egress to park lands of the
Grantee abutting on the north of the above described land. 4
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2. With respect to the above described property, neither
Grantors or Grantee shall cause or knowingly permit the removal,
destruction or cutting of trees, shrubs, or other vegetation without the
express authorization of the other except as may be deemed by Grantee '
to be necessary or convenient to establish or maintain, at the option of
the Grantee, artifically or naturally surfaced foot paths to the said
park land.
6'
3. Grantee shall indemnify and hold harmless the Grantors, their q36
successors and assigns from any and all claims and damages of any kind
whatsoever resulting from or arising out of the use of the easement w
herein granted. ➢�
4. The Grantee shall keep a bridge over the creek crossed by w
the easement in safe, sound, and usable condition.
00
5. The Grantee shall maintain a sign along the aforesaid foot
path advising that it crosses private property.
6. Neither Grantors or Grantee shall cause or permit any excava-
tion, dredging or removal of loam, gravel, soil, rock, sand, or other
material, nor any building, roads, or other change in the topography of k
the easement land, except as is provided for in the paragraph numbered
as two above.
7. Neither Grantors or Grantee shall cause or permit any build-
ing, billboard, advertisement, fence or other structure to be erected on
the easement land, except that pertaining to Grantee's right to establish
and maintain the said path.
INST.NO.
STORY COUNTY, IOWA
3(d FILED FOR RECORD
—AM OCT 31 1985--PAj
SUSAN L. POTTER, Recorder
By — ----.__ Deputy
BOOK QQ in PAGE
1
8. Should the Grantee's right and interest granted by the fore-
going be defeased, or cut off through mortgage foreclosure, subsequent
deeds, or other process of any kind whatsoever, said rights and privi-
leges shall be restored by deed of the Grantors, its successor or assign.
IN WITNESS WHEREOF, the Grantors and Grantee have hereunto
set their hand and seal.
WILLIAM G. MURRAY AND
ALICE MURRAY, GRANTORS
B i:.Q Uoa� 0"
William G. Murray
By
Alice Murray
STATE OF /IOWA STORY CO NTY ss: p
On this T� day of - e 19 O S/ before
me, the undersigned, a notary-f5iiblic in and for the State of Iowa,
personally appeared lr���Qn; G �v�l�ldy yL �4-c /�/r�,oh to me
known to be the identical person named 4 and who executudd the fore-
going instrument, and acknowledged that he/she executed the same as
his/her voluntary act and deed.
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NotW Public in and for the
St of Iowa
CITY OF AMES, IOWA
r F. aul Goodi—ancl, Mayor
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#{�J � k•
erk
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CITY ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF ss.
On this r day of Ct be A.D. ,
19 W5 , before me, the undersigned, a NOTARY PUBLIC IN AND FOR
THE STATE OF 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 instru-
ment 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 thee.',voluntarily
executed. ' `
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:f
Notary Public in and '
State of Iowa .t r
I);ane M.-Power-5
APPROVED AS TO FORM
BY �c� -�� 2
John R. i:laus
City Attorney
BOOK PAGE 3 1 0
t EASEMENT PLAT
FOR
PUBLIC ACCESS TO PARKLAND
CITY OF AMES, IOWA ENGINEERING DEPARTMENT
DATE x
OWNER : William G. Murray
SCALE
EMMA MC CARTHY LEE 30'
PARK
N E COR. OF THE W. 90 FT.
PEDESTRIAN OF THE E. 490 FT. OF LOT 1,
BRIDGE NE QTR. SE QTR. SEC. 5-83-24.
CLEAR — PROPERTY
CREEK LINE
I POINT OF BEGINNING
— 25'
3207 OAKLAND ST.
I
DESCRIPTION A permanent easement for public access to Emma McCarthy Lee
Park, bounded by a line describes as follows:
"Beginning at the Northeast corner of the West 90 feet
of the East 490 feet of Lot 1 of the Northeast Quarter
of the Southeast Quarter of the 5th P.M. , in the City of
Ames, Story County, Iowa; thence West along property
line a distance of 25 feet; thence South 15 feet; thence
East 25 feet; thence North 15 feet.
(Containing 375 sq. ft. or approximately 0.01 acre) ."
RECORDED:
BOOK
PAGE
DATE
BOOKOkXn PAGE 31=
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