HomeMy WebLinkAbout~Master - Electric Lines - Duff Centre, Limited Partnership l
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For and in consideration of the sum of one dollar, and other valuable
consideration, the receipt of which is hereby acknowledged, the undersigned,
its successors and assigns, (hereinafter called "Grantor") , do hereby grant to
the City of Ames, Iowa, a Municipal Corporation, its successors and assigns,
(Hereinafter called "Grantee") , an easement to construct, maintain and operate
electrical transmission lines, poles, structures, wires, and other necessary
equipment incident thereto, upon, over, under, along and across certain real
estate described below together with the right to enter upon said real estate
for the purpose of constructing, maintaining, or removing said lines and the
right to trim or remove with reasonable care, trees as may interfere with the
proper maintenance and operation thereof, and any tree hereafter planted
thereon, and the right to remove from the strip of land specifically described
below, any obstruction, including buildings not built by permit and other
structures which may interfere with the proper maintenance and operation of
said lines. Grantor and Grantee also covenant that the present grade of
ground level will not be changed. The said easement shall be over the land
described as:
Legal Description of Property:
Part of the C. & N.W. Transportation Company Right-of-Way lying
south of the South Track and West of Duff Avenue in the City of
Ames, Story County, Iowa, described as follows:
Beginning at the intersection of the Southerly right-of-way of said
C. & N.W. Transportation Company with the Westerly right-of-way of
Duff Avenue, City of Ames, Iowa; thence NO°-05/w, 85.63 feet along
said westerly right-of-way of Duff Avenue to a point that is 50.0
feet southerly, measured at a right angle, from the centerline of
said South Track; thence S760-43'-23"W, 308.14 feet along a line
that is parallel with and 50.0 feet distant, measured at a right
angle, southerly from the centerline of said South Track; thence
SO°-051E, 48.98 feet to the southerly right-of-way line of said
Transportation Company, said line also being the North line of Ames
Grain and Coal Company Second Addition to the City of Ames, Iowa;
thence N830-30' 40"E, 301.89 feet along said line to the point of
beginning, containing 20,190 S. F. (.4635 acres) .
Easement Description:
A strip of land 50 feet in width as long as it affects the above
described property, beginning 25 feet on each side of a centerline
that is described as follows:
Beginning at a point on the West line of the above described proper-
ty that is 45.7 feet South of the Northwest corner thereof; thence
Northeasterly, 308 feet, more or less, to a point on the East line
of said property that is 8.8 feet South of the Northeast corner
thereof, and there terminating.
All as shown on Exhibit "A" attached hereto and by this reference made part
hereof.
Encroachment on Easement
An encroachment on the easement is hereby granted for construction of a
building at a location described as:
From the northwest corner of said property N 760 43' 23" E aparoxi-
mately 125 ft to the point of beginning, thence East 28 feet, thence
North 7 feet, thence East 32 feet thence south 33 feet, thence west
60 feet thence North 26 feet to the point of beginning. Said
description outlines Building B as shown on Exhibit A.
Said encroachment shall not exceed 111.5 elevation City datum.
INST.NO. 02207
��STORY COUNTY, IOWA
FILED FOR RECORD
` p SEP 191988 T
1 VANDE KAMP 1 —PAGE--- .—..
&OSM L ATFElt Recorder
By Deputy
z.
The Grantor, its successors and assigns, do hereby covenant and agree to
indemnify and hold harmless the City of Ames, its officers and employees,
against any loss or liability whatsoever, including attorney's fees, pertain-
ing to any and all claims whatsoever made by any and all persons whomsoever,
resulting from, arising out of, or occurring during; a) the construction,
reconstruction, repair or remodeling of the said encroaching building, or any
encroaching building, b) any work or activity of any kind on the roof of
said building or buildings, c) any activity on the premises involving booms
or other things that could reasonably be foreseen to come into contact with
the Grantee's lines, whether overhead, underground, fallen, or placed on the
ground.
At any and all times other than the aforesaid, the Grantor, its succes-
sors and assigns, covenants and agrees not to sue or to make or bring any
claim or demand against the City of Ames, Iowa pertaining to any loss or
liability whatsoever pertaining to or arising out of the said building en-
croachment and the use and occupancy thereof by any tenants or invitees of the
Grantor, its successors and assigns, or, any trespassers or interlopers
drawing to the premises by reason of any use or occupancy of the premises made
or permitted by the Grantor, its successors or assigns.
The Grantor shall indemnify and save the City, its officers and employ-
ees, harmless from any and all claims, liability or loss arising out of
electrocution or other harm from electric transmission lines occurring to
persons, on the premises that encroach on the easement as aforesaid.
Dated this 13th day of September lg 88
+ IOWA DUFF CENTR)< IPIITE.1 PARTNERSHIP
B
y• kF odland, Ma or De Hunzir � o er Gen ral Partner
F
a ' te "
i ��;-• ting City C rk
owar, County of Story, ss:
On ;th�s l5 ' day ofDr�`am,ILOhJ , 19 before me, the undersigned,
aotaryr'Public in and for the State of Iowa, personally appeared F. Paul
Goodland and Nancy Dionigi, to me personally known, who being by me duly
sworn, did say that they are the Mayor and City Clerk, respectively, of the
City of Ames, Iowa; that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and
sealed on behalf of the corporation, by authority of its City Council as
contained in Resolution No. $L- Passed on the 13�- day of Se ,
197_, and that the said F. Paul Goodland and Nancy Dionigi, acknQW ��,;the
execution of the instrument to be their voluntary act and deed ,sz v0] 4Rr
tary act and deed of the corporation, by it voluntarily execui� ;, °` "
r fi-
Notary Public in and r a
.Tc` L
State of Iowa, 'Co my of Story, ss
On this day of 1988, before me thevf'di 4, -a
llotary Public in and for the SlYate of Iowa, personally appeared Dean Her,
to me personally known, who, being by me duly sworn, did say that the person
is a General Partner of Duff Centre, Limited Partnership, an Iowa limited
partnership, executing the foregoing instrument, that the instrument was
signed on behalf of the limited partnership by authority of the limited
partnership; and the general partner acknowledged the execution of the instru-
ment to be the voluntary act and deed of the limited partnership, by it and by
the general partner voluntarily executed.
�• `•; SUSMI W.AHLERS
71
M COMM EXPIRES Notary Public in and for Iowa
APPROVE" A T F 0 jF!V 2
eY BOOK PAGE�
John R. s
City Attorney
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