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T ICHT-OF-WAY EASE1,21 ' f'OR 'TER COIDUITS
1NSt �CAND ROADWAYS, AND i fV>'TOr y CONSTRUCTION
• FEE �6 EASEME?J°Y FOR THE CITY OF AMES SOUTHEAST WELL FIEF
This grant of easement, made as of the 8th day of April, 1986
and the ASGROW SEED 'COMPAT, hereinafter, called 11grantor1f, witnesseth:
For and in consideration of the sum of one dollar ($1.00) and other
,9 consideration, the receipt of which is hereby acknowledged, the grantor,
its Successors and assigns, hereby grants to the City of Ames, Iowa,
"grantee", a right-of-way in which to construct maintain,
I replace, enlarge and operate water conduits, with necessary
valrepves.
vaults, Manholes, ventilators and appurtenances ro velvet,
l� to
provide ingress and egress to the grantees well sites, in, through,roadw
over
and across the following described tract of land situated, lying and
being in the City of Amex, County of Story and State of Iowa, to wit:
"The West 10 feet of the East 25 feet of the East-half
(Ek) of the Northeast Quarter (NE14) 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, IOWA lying North of the North line of the South 400 feet of the
FILED FOR RECORD North 60 Acres of the S
� - NEB therein; and,
AM MAY 2 $1986 Y" The East 25 feet of the South 20 Acres of the South ha
tk"Dl' (S'�) of the Northeast Quarter NE' if
�U;AN L.POTTER,Recorder the North 400 feet of the' Northeast�uarte East feet of
By Deputy Southeast Quarter SE' q ( �t) of the
Q ( k) , 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 (Sk) of the Northeast Quarter (NEZ) 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 E� - S� - NEk and lying West of the west line
of the East 400 feet of the Sk
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
, and for
the use of the surface of the ground only for manholes, ventillators 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
GOOK Q._5 PAGE 23L -
grantor shall not plant in the permanent ear tporary easement. area in the ear ant area, nor in the
en construction
Yeasonable notice of which will beg given by the grantee is anticipated,
° " g=antor shnls not erect or place any building, or plant
any tree on any of the above-described right-of-way'
and the grantee
shall not be liable for damages occasioned by their rewvaal or injury
When done to protect its facilities.4.
Grantor warrants that he has fell right and laawfu�l
to 39 a the grant hereinab®ve contained and authority
defend the grantee in its exercise of rights phereunderagainstagreea to
any
defect is his in
to the land involved or his right to make the grant
hereinabove contained.
5. Each and every one of the benefits and burdens Of �„
cent shall inure to and be binding upon the respective �-3 agree`
I tive�, _ heirs,_ executors, administrators, seaccessors and s�i elsresen;.r,-
parties hereto. gas of the
;��Jn witness whereof, the parties have executed the within agreement
da
y and Year first above written.
. F
ASGROW SEED COMPANY
, , �> ors
0?
o u A. /
PHILLIPSON, Chairman of
TA'I'E r The Board yN �Yi Se etary
Co ss:
on this th�O ay of
the undersigned, a Nota Anri , A.D. 1986, before me,
appeared �' Public in'
and for said State, personally
1)a�ri ri A Phi _ i D
--� on and
personally known, who being by me duly sworn, did say — to me
and SPrrata respectively,that they are the
tion; y, of said corpora-
affixed thereto is the seal of said corporation); that sald(thainshrument
was signed and sealed on behalf of said corporation by authority of its
Board of Directors, and that said _
as so)ch offl-cers, acknowledged the execution of said in tr 11. T
i�nrrpny
the voluntary act and deed of said corporation, by it and,.., y,'hP�ti 'wtune
tarily executed.
_ V
Nota Puhlic r y, �Mv Commission Expires: 9/24/86 in aa� N"fir i
s Judi D. Chamblessy�' <• iGatx `
Sei t rf, °
Act* in Kalamazoo,
f f , CI Suy. h
t t/ q •
I,f
Bibb s, City Cleric
F. Paul Goodland May
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YX 5 { 1ti Z
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BOOK PAGE
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ST®TS OF IOWA STAY C.mWq i s /q p�
on this day of , .-14S ,, before ne, the under-
sigaed, &.Notary Public in an for State. of Iowa, Personally appear-
ed F. Paul Goodland and Nancy Gibbons, .tO ma 'Peraonally known, who being
by ae duly swoku-9 did say that tney are the mayor and City Clerk, respec-
tively, of said city; that the seal sffiaed 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 N. Paul Goodland as
Nancy G , as such officers, aduaowl
fastruant to be the vola� d tea of said .s
them woluntaaily esecated. tasy act and deed of laid JA sire aed by R
P )({
NotarSrPublic in f®r &swat _
M-,.Po /N
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03604
STORY COU'1_1bTY, IokArA
Ye
fNSI# F FILED FOR RECORD
f�
FEE$aO.0 AM 0 OF 211986 phi-
ADDENDUM (0:®'
1 . There is added to paragraph 1 , the followi�`JAN L. POI IER, Recorder
By Deputy
"In consideration of the said payment , Asgrow shall
MLn execute and deliver to Ames the originals of the
N said deed and easement ; and , Ames shall have pos-
session of the land to be conveyed , and use of the
w fd easement as of April 9 , 1986 . "
LO
a
N 00
2. Nothing in paragraph 3 shall constitute an admission
x N by the City that such regulatory restrictions as are referred
oo o to therein are a "taking" or in any way are invalid ; but , the
m
al
+g City does agree to pay additional compensation to Asgrow if
the said regulatory restrictions cause a loss to Asgrow which
r4 a) would not have been incurred but for the location of City
U A wells on- the -land acquired by this agreement .
ro >1
w _P
3. There is added to paragraphs 7 and 9 , the following :
o P
a s "Asgrow' s work to maintain , repair or re-establish
said facilities shall be done at its sole expense.
Asgr6w shall , at its expense , restore the site
following said work to as near its condition before
the work as is practicable ."
4. Add to paragraph 10 :
" This paragraph pertains only to the movement of
compounds from the buried wastes of a. former coal
gasification plant . If contamination other than
that described in the immediately preceding sen-
tence should occur as a result of the City' s opera-
tion of the well field , the parties ' relative
rights and responsibilities shall be determined
under the laws then in effect in the State of Iowa.
but such determination shall not affect the rights
in real property conveyed to the City hereunder ."
5 . Add to paragraph 12 , after striking a1.1 after
"reached" .
" . .eith.er party may seek an adjudication to
determine and declare the additional amounts
payable hereunder , by virtue of paragraphs 3 , 4, 5 ,
and 10 , but such adjudication shall not affect the
rights in real property conveyed hereunder ."
6. The second line of paragraph 11 is struck and
the following is added as the second line :
"acquiring , developing , or using intended City Well
sites 18 , 19 , 20 ,"
BOOK!a a-PAVE
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,.
7. Whenever the word "taking" occurs in paragraphs 3 ,
4, 5 , 10 and 12 , it is struck and the words "item of damages"
are inserted .
ASGROW SEED COMPANY
. t
DAVID A. PH LLIPS F. PAUL GOODLAND
Chariman Of The Board MAYOR OF AMES
�TTET, �' 7
T. JF�FF ON MU.-PAX ANCY GIBBON
Secr r.y CITY CLERK - _ -
r
Dated this 8th day of April 1986.
-moo s OO
. } E.a
Addendum
2- OILL
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.__
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ACKNOWLEDGMENT
STATE OF MICHIGAN )
ss.
County of Kalamazoo )
On this 8th day of April, 1986 , before me, the undersigned,
a Notary Public within and for the State of Michigan , duly
commissioned and acting, appeared in person, DAVID A. PHILLIPSON,
and T. JEFFERSON MURPHY, to me personally known as the persons
whose names appear upon the within and foregoing Addendum and
stated to me that they are the Chairman of the Board and
Secretary , respectively, of Asgrow Seed Company, a Delaware
corporation , and are duly authorized to execute the foregoing
Addendum for and on its behalf; that the seal affixed hereto is
- - -the seal—of said--corporat-ion and that the- foregoing Addendum was---
signed on behalf of the corporation by authority of its Board of
Directors , as the free voluntary act and deed of said
corporation.
Judith . Chambless RIOx '° :`�;
Barry C unty, Michigarw``� '�",= =��'-'k
Acti in Kalamazoo CcPr
,
My Commission Expire ..z .;q
J
Addendum - Page 3 of 3
6OOK
�� -PAGE
CITY ACKNOWLEDGMENT:
STATE OF IOWA )
ss.
COUNTY OF STORY )
On this U `day of A.D., 1986, 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 instrument was signed and
sealed on behalf of said City by authority of its City Council and that the said
Mayor and City Clerk 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 Public in an-d fpi^ 1 Si;ate
of Iowa
v
E E
CORPORATION%this
ACKNOWLEDGMEN
) e
s .
RY )
day of A.D., 986, before me the u dersigned, a notary
for the State of Iowa, personally appeared and
to me personal known, who, being me u y sworn did
say that the are the and ,
respectively, said corporation; the sLhal affixed hereto is the sea o the
said corporation. That said instrument wa signed on behalf o said corporation
by authority of it Board of Directors, and that said and
s such officers; acknow dged the execution f said
instrument to e the oluntary act and deed of aid corporation, b it and by
them voluntarily execut d.
Notary Public in and for the State
of Iowa
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