HomeMy WebLinkAbout~Master - Utility - Frank Rankin - Lots 1, 2, 3, Block A, Black's Third Addition 01 - 02331
INST.NO.
RETIM TO: STORY COUNTY,IOWA 0 FILED FOR RECORD
A14ES CITY CLERK 0
BOX 811 1Q� MAR 05 2001
A14ES IOWA 50010 1/y LJ
8USAN L VANDE KAMF',Reorder
mac.FEE s. J-JZ?AU0.FEE$
Prepared by:Graham Land Acquisition Associates,1715 S.G Ave.,Nevada,IA 50201 515-382-1699
For:City of Ames Public Works Dept.,515 Clark Ave.,Ames,IA 50010 515-239-5160
CITY OF AMES
PERMANENT UTILITY EASEMENT
This agreement, made and entered into this o;GIA day of r , 200 t , by and
between Frank Rankin and Carol Rankin, his wife, Grantor(s) and the City of Ames, Iowa,
Grantee.
Whereas, Grantor is the holder of fee title to certain real estate described as:
Lots One(1), Two (2) and Three (3), Block"A", Black's Third Addition to Ames, Story
County, Iowa,
Whereas, Grantee deems it necessary to have a permanent and perpetual easement with respect to
a portion of said real estate for purposes of a public street;
For and inconsideration of Two Thousand One Hundred and Si2qv Five And no/100
($2,165.00)—Dollars and other valuable consideration in hand paid by the City of Ames, Story
County, Iowa, does hereby grant to the City of Ames, a municipal corporation, its successors and
assigns, a permanent perpetual easement for Utility Purposes over, across and under the following
described premises:
The North Five (5) feet of Lots One (1), Two (2) and Three (3),Block"A",
Black's Third Addition to Ames, Story County, Iowa, containing 900 square feet,
more or less.
Grantee hereby gives notice of Grantor's five-year right to renegotiate construction or
maintenance damages not apparent at the time of the signing of this agreement as provided by
Section 6B.52 Code of Iowa.
Grantor shall not construct, erect or place any structure over or within the areas over which an
easement exists by virtue of this agreement without obtaining prior written consent of the
Grantee.
Grantor shall not change the grade, elevation or contour of any part of an area over which an
easement exists by virtue of this agreement without obtaining prior written consent of the
Grantee.
The Grantee shall have the right of access to the areas over which an easement exists by virtue of
this agreement and have all rights of ingress and egress reasonably necessary for the use and
enjoyment of such area, including but not limited to the right to remove any unauthorized
obstructions or structures placed or erected on such easement area. ,
This agreement, and the easement granted herein, shall run with the title to the land for which the
easement is granted and shall be binding upon the parties hereto and upon their mortgagees, heirs,
successors and assigns.
It is understood and agreed that should an monitoring wells owned b Grantor on the above
d
g Y g Y
described land be eliminated or disturbed, the Grantee shall plug and abandon said wells. In
addition to the lump sum payment shown on page 1 of this agreement, Grantee agrees to
reimburse Grantor the actual and reasonable costs of replacing said wells, if replacement is
required,to comply with the terms of any law, rule or administrative order. The replacement of
said wells shall be accomplished under the direction of the Iowa Department of Natural
Resources. Reimbursement will be made upon Grantor providing Grantee with itemized bills and
receipts for the replacement of the wells.
It is understood and agreed that any improvements on Grantor's property disturbed by the
Grantee, its contractors or agents for the purpose of constructing or maintaining this utility
easement, shall be replaced in like kind, at no expense to Grantor.
Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real
estate by title in fee simple;that they have good and lawful authority to sell and convey the real
estate; that the real estate is free and clear of all liens and encumbrances except as may be above
stated; and grantors covenant to warrant and defend the real estate against the lawful claims of all
persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of
dower, homestead and distributive share in and to the easement.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Dated �— c , 200 (SIGN IN INK)
L
Frank Rankin Carol Rankin
PERSONAL ACKNOWLEDGMENT
STATE OF �-a , COUNTY OF �� ss
On this Zte44- day of 1]ruavv , IP&oi, before me, the undersigned,
personally appeared l:'ay. C.-.of Ra�•�.�i,�
known to me to be the identical persons named in and who executed the foregoing instrument and
acknowledged that they executed the same as their voluntary act and deed.
Notary Publi and for the State of Iowa
JAY P.WALTON
MY=vii c11SSIOAN EXPIRES
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01 - 02331 (Z)