HomeMy WebLinkAbout~Master - Water Main - Rasmussen INST.NO.
STORY COUNTY.IOWA
KE0 FOR RECORD Q',5�
?JrOJ INST N��J`�
AM JUN • 51985 40! FEE_ , DO
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SUSAN L.ppTTEp,Recorder RIGHT-OF-WAY EASEMENT FOR WATER CONDUITS
By ---..,,,,-,,,Deputy FROM THE AMES, IOWA, SOUTHEAST WELLFIELD kAf
This grant of easement, made as of the JOA day of April, 1985 M, f
by Joel Rasmussen and Betty Rasmussen, husband and wife, their heirs,
successors and assigns, hereinafter called "grantor", witnesseth:
For and in consideration of the sum of one dollar ($1.00) and other
consideration, the receipt of which is hereby acknowledged, the grantor,
its successors and assigns, hereby grants to the City of Ames, Iowa, 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:
The West 30 feet of the East 50 feet of the North 350.4 feet
of the Northeast Quarter (NEk) of the Northeast Quarter (NEk)
of Section 11 - T83N - R24W of the 5th P.M. , in the City of
ames, Story County, Iowa; EXCEPT the north 33 feet thereof
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 appur-
tenances, together with the right of ingress and egress over the above-
described tract of land for said ur oses.
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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 here-
under, 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 described 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. 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 exercise of rights hereunder against any defect
in his title to the land involved or his right to make the grant here-
inabove contained.
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6. Each and every one of the benefits and burdens of this agree-
ment shall inure to and be binding upon the respective legal representa-
tives, heirs, executors, administrators, successors and assigns of the
parties hereto.
In witness whereof, the parties have executed the within agreement
as of the day and year first above written.
JOEL RASMUSSEN BETTY RASMUSSEN
STATE OF IOWA, STORY COUNTY, ss:
On this :Z _ day of A.D. 1985, before me,
the undersigned, a Notary Public in cland for said State, personally
appeared Joel Rasmussen and Betty Rasmussen, personally known to me to
be the identical persons whos names are affixed to the foregoing
instrument and acknowledged that they executed the same as their
voluntary act and deed.
*o*'��,* 1ANkT L. STRONG, . , MY!I ISSION FIRESQ X e yL
N ,_ .-... 17 No ry Public in and fogrrowa
AT71 CITY AME
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nfiey $, tit_
ytlerk y F. Paul Goodland, Mayor
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day of 1985, before me, the under-
signed; .'"�' c in and for the State of Iowa, personally appear-
ed F. Paul Goo dlan.dyand 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 Publicdi an or Iowa
,="p1`d' NANCY J.DIONICI
MY CO MISSION EXPIRES
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