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HomeMy WebLinkAboutA007 - Corrected Easement for Water Conduits and Roadways 08327 f RIRGflTCOF WAY EASEMENT R CONDUITS lit# `C AND ROADWAYS, AND TEMPORARY CONSTRUCTION } FEE S J EASEMENT FOR THE CITY OF AMES SOUTHEAST WELL FIELD This grant of easement, made as of the 8th day of April, 1986 and the ASGROW SEED 'COMPANY` 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, m "grantee", a right-of-way in which to construct ma' M replace, enlarge and operate water conduits with ne essar Asir,vaults, manholes, ventilators appurtenances,ators and a o valves, , plus a roadway to l� provide ingress and egress to the grantees well sites, 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: I "The West 10 feet of the East 25 feet of the East-half (Ek) of the Northeast Quarter (NEk) of Section 11 - T83N - 08327 R24W of the 5th P.M. in the City of Ames, Story County, Iowa; INST.NO. lying South of the south line of the North 350.4 feet and STORY COUNTY, IOWp► lying North of the North line of the South 400 feet of the FILED FOR RECORD North 60 Acres of the Sh - NEk therein; and, AM 2AY 2 $1986 ,E�" The East 25 feet of the South 20 Acres of the South half SUSAN (Sk) of the Northeast Quarter (NEk) AND the East 25 feet of SUSAN�•PUTTER,R Deputy the North 400 feet of the Northeast quarter (NEk) of the By Southeast Quarter (SEk) , all in Section 11 - T83N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa." plus a temporary construction easement for work area and material stor- age over: "The North 10 feet of the South 30 feet of the North 60 Acres of the South-half (Sh) of the Northeast Quarter (NEk) of Section 11 - T83N - R24W of the 5th P.M. , in the City of Ames, Story County, Iowa; lying East of the east line of the West 400 feet of the Eh - Sk - NEk and lying West of the west line of the East 400 feet of the Sk - NE},1, It is hereby mutually covenanted and agreed by and between the parties hereto as follows: I. 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 appurte- nances, together with the right to establish and maintain a roadway for ingress and egress over the above-described tract of land. 2. Any damage done to growing crops as a result of construction, repair or other work done by grantee in the exercise of its rights hereunder, shall be paid by the grantee to the owner of such crop, but BOOK. 35 PAGE Grantor shall not plant in the the temporary easement area in the year whentc nstrructionris anticipated,est nor reasonable notice of which will be given by the grantee, 3. The grantor shall not erect or place any building, or plant any tree on any of the above-described right-of-wa and shall not be liable for damages occasioned y' the grantee when done to protect its facilities. �` their removal or injury 4• Grantor warrants that he has full right and lawful au to sake the grant hereinabove contained �nt7 defend the grantee in its and pro ses and agrees to defect is exercise of rights hereunder against am his title to the land involved or his right to make the grant hereinabove contained. 5• Each and every one o Gent shall inure to and e binding benefits and burdens of this egret- tives, heirs, executors, administraators,hsucc meows and ective legal hereto, assigns of the Ia witaesa whereof, , the parties have executed the within agreement JVb�,,. tre day and year first above written. o %cn x •�'� " ASGROW SEED CompANy oc P 1 /�� p i CJ' • / .. yp .v .i.. tl A o• s # ' jF� 4 A. PHILLU SON, Cha 6 & irn�an of �.1 i. r, �fE The Board Y S etaiy M ss: On this , the un h Gay of lersigned, a Notary Public In and for sa d'State6 before me, appeared .. A ph;L1;n an and personally personally known, who being by me dulq ws orn—dSsay that they are the �--�_.�... , to me Lion; and _. c_,rata,-„ respectively, of said corpora- t the seal affixed thereto is the seal of said corporation); that said a instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and that said as such officers, acknowledged the�ex- e—cu�tion a�ald instr T��� hy the voluntary act and deed of said corporation, by it and,.,b` to be taril y executed, y, t.he�,'�ro.lun- i *My Commission Expires: / 4/ Nota Public in a y : ;3 - ,� 9 2 86 Judi D. Chamblesscgit , •,':gib /A.cti in Kalamazoo Eui � a " ; n Ci " tv tr apc b s, ity Clerk Y F. Paul Goodlan , Mayor �6 k"'y YY ~v r v " � s Ilk 2 a 3 '' BOOK PAGE _ SATE OF 10VAI S20 OOGN!'i, got;, �4�4 OR this )3'o day ofY, . -1"Sl before m, the under- signed, a Notary�lic in or State of lova, personally appear- ed F. Paul Goodland sad Nancy Gibbons, to m personally knovn, who being by me dulg sworn, did say that they are the !Mayor and City Clerk, respec- tively, of said city; that the seal affixed thereto is the seal of said city; that said instrumnt was signed and sealed on behalf of said city by authority of its City Council Sad that the said F. Paul Goodla W snd Nancy Gibbons, as awl officers, admvledged theiutrMmt to be the - of sail t� '�'s lT �scuted tasy act sssi drd of said ritjr� it and by Public �Ors` row;, rx I d=° r. Zia,, A. M.Awex.5 z 3 BOOK as 5 PAGE. - - --- V� m o,tars o co ca