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Home My WebLink About~Master - Public Highway - Kerr-McGee Refining Corporation - Lincoln Way (U.S. Hwy. 69) J ✓ 1 • INST.NO.],�.!._0_�-�@-d STORY COUNTY,IOWA '^ D FILED FOR RECORD APR 2 5 2001 PM SUSAN L VANDE KAMP,Recorder4 REC.FEE$,@-00 AUD.FEE$ Prepared by:Gene M.Askiof,Graham Land Acquisition Associates,Inc.,1715 South G Ave.,Nevada,1A 50201 515-382-1698 For:City of Ames Public Works Department,Administration Building,515 Clark Ave.,Ames,IA 50010 515-239-5160 EASEMENT FOR PUBLIC HIGHWAY (CORPORATE GRANTOR) For the consideration of Two Thousand Four Hundred Seventy-six and no/100-----($2,476.00)-----DOLLARS and other valuable consideration in hand paid by the City of Ames, Story County, Iowa; KERB-McGEE REFINING CORPORATION,a corporation organized and existing under the laws of the State of Delaware,does hereby grant to the CITY OF AMES,IOWA, a municipal corporation,its successors and assigns, a permanent easement for road purposes and for use as a public highway in,to,on,over and across real estate in Story County,Iowa: THE EASEMENT GRANTED FOR HIGHWAY PURPOSES IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in Lot 3 of Block 48 in the 4th Addition to Ames in the SW'/4 of the SW/4 of Section 2,Township 83 North, Range 24 West of the Fifth Principal Meridian, included in and forming a part of the City of Ames, Story County,Iowa,shown on Acquisition Plat,Exhibit"A",attached hereto which by this reference is made a part hereof. Commencing at the SW Corner of said Lot 3;thence N00°12'14"E, 10.56 feet along the West line of said Lot 3 to the Point of Beginning;thence continuing N00°12'14"E,32.02 feet along said West line;thence S87°46'43"E,5.75 feet; thence S01°20'06"E,32.18 feet;thence N86°44'02"W,6.62 feettothe Point of Beginning,containing 198 Square Feet. This easement and a certain easement for public highway granted to the State of Iowa is given in fulfillment of a certain real estate contract dated Mar h 23 , 20_aL, and is on file in the City of Ames Public Works Department. It is understood and agreed that should any monitoring wells owned by Grantor on the above described land be eliminated or disturbed, the Grantee shall plug and abandon said wells. In addition to the lump sum payment shown above in 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. C1 antor ntee This site was areviously s�e as a service station site and there may be some environmental contamination on or nearby the premises.is er-has a remation plan regarding prior environmental contamination and there are monitoring wells located on the premises. (acknowledges the remediation plan and will take appropriate measures to inform any and all agents, contractors,and public utilities asto the plan. Excavation,removal,transport,disposal or other disturbance of contaminated soils or monitoring wells shall be done in accordance with applicable law. This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17). This easement is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1. The corporation hereby covenants with grantees,and successors in interest,that it holds the real estate by title in fee simple; that it has 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 it covenants to warrant and defend the real estate against the lawful claims of all persons, except as may be above stated. City of Ames, Iowa STPN-69-5(70)--2J-85 Parcel 9,Kerr-McGee Refining Corporation 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 March 23 20 01 (SIGN IN INK) KERR-McGEE REFINING CORPORATION i k ,4 n BY: BY: A Name: can B. Wallace Name:D n Hager fi£ FC ., � Title: qp r� d1 dt f. // ice President Title: Assistant Secre � STATE OF Oklahoma , COUNTY OF Oklahoma , ss: On this n day of March , 20Dj_, before me, the undersigned, a Notary Public in and for said State, personally appeared TAan B Wallace and Ilan Hager ,to me personally known,who,being by me duly sworn, did say that they are the Vice President and Assistant Secretary, respectively, of Kerr-McGee Refining Corporation,a corporation organized and existing under the laws of the State of Delaware,{ iae�ealias been p*mur (the seal affixed thereto is the seal of)said corporation, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and the said Jean B. Wallace and Don Hager , as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. .. EATRICE M.CONALLY TA9 o w ",., NLotaWjNbliciinr&nd for aid State SEAL Notary Public in and for a:A State of Oklahoma My commission expires Jan.18.2003. City of Ames,Iowa STPN-69-5(70)--2J-85 Parcel 9,Ken-McGee Refining Corporation 01 - 04780 (�� IOWA DEPARTMENT OF TRANSPORTATION �•%to "'%� ACQUISITION PLAT EXHIBIT "A" COUNTY STORY STATE CONTROL NO. 85-0100 PROJECT NO. STPN— 69-5( 74 )--2J-85 PARCEL NO. 9 SECTION 2 TOWNSHIP 83N RANGE 24 W ROW - FEE AC, EASE 198 SO. FT. , QUIT CLAIM AC ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE ACQUIRED FROM ACQUIRED IN THE NAME OF THE CITY OF AMES. IOWA i .00'-,� ORIG. W. LINE ST. FD.1,2" REROD W/CAP 9 6586 ZF CITY OF AMES . IOWA w w IN F W N N Z a) _ J M = 0 20 re) + 3 0 10 N > w BLOCK 48 _I Uj ? SCALE IN FEET `) J P = PLATTED DIMENSIONS m N 3 3 �D X w S87.46'43"E 5.75' M 69' STA 219+42 ao ti71 o \CO4TH ADDITION TO AMES OR W \ W BL A I R' S 4 TH ADDITION Q ~ N O M � N G \ 0 36.90' STA 219+44 FD. _ N PK NA I L PROPOSED ROW LINE N86.44'02"w .62. 31 ' 91 .70'P EXIST. N'LY R/W LINE N00.12' 14'E 10.56' SW COR LOT 3 LINCOLN WAY FD. ( X' US 69 ) WEST BOUND LANE S86"44'09"E SECTION LINE P. 1 . STA. 219+24.23 P Q= 5' 26' 26. 1 3" (RT ) I hereby certify that this Land surveying document was D = 1 1° Do' 00.00" `\ �� prepared by me or under my direct personal supervision. T = 24. 7 5' y and that I am a duly Licensed Land Surveyor under the L = 49. 46' laws of the State of E = 0.59' 1 1556 R = 520.87' J901. Popelka Lic. N . 1155. Date / 0 W F y icense renewal dal is December 31. 2000. DATE DRAWN °O 5/1e/2000 I�ND SURVEyO� REVISED 11-09-2000 GCJ 0 1 _ Q 4 7 8 O (3) ACnuired In The Name Of The City Of Ames, Iowa THE EASEMENT RI31-rr FOR JJIGHWAY PURPOSES GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in Lot 3 of Block 48 in the 4"' Addition to Ames in the SW'/, of the SWIA of Section 2, Township 83 North, Range 24 West of the Fifth Principal Meridian, included in and forming a part of the City of Ames, Story County,Iowa, shown on Acquisition Plat, Exhibit "A", attached hereto which by this reference is made a part hereof. Commencing at the SW corner of said Lot 3; thence NOG'12'14'T, 10.56 feet along the West line of said Lot 3 to the Point of Beginning; thence continuing N00'12'14' E, 32. )2 Feet along said West line', thence S87°46'43"E, 5.75 feet; thence S01°20'06"F., 32.18 Peet; thence N86'44'02"W, 6.62 feet to the Point of Beginning, containing 198 Square Feet. Story County Project No. STI'N-69-5(74)-2,1-85 Parcel 9 � � - 04780 (14)