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Home My WebLink About~Master - Public Highway - Kerr-McGee Refining Corporation - Lincoln Way (U.S. Hwy. 69) INST.NO. 01 - 04778 STORY COUNTY,fOWA D FILED FOR RECORD �J G APR 2 5 2001 PM I SUSAN L.VANDE KAMP,Recorder h REC.FEE$oZ ► 0 AUD.FEE$�+w 1 Prepared by:Gene M.Askloi;Graham Land Acquisition Associates,Inc.,1715 South G Ave.,Nevada,IA 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) Forthe consideration ofEleven Thousand Five Hundred Forty-four andno/100-----($1 1,544.00)---DOLLARS and other valuable consideration in hand paid by the City of Ames, Story County, Iowa; KERR-McGEE REFINING CORPORATION, a corporation organized and existing under the laws of the State of Delaware, do hereby grant to the STATE OF IOWA for the use and benefit of the Iowa Department of Transportation, 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 the West 40 feet of Lot 2 and in Lot 3 of Block 48 in the 4th Addition to Ames in the SW'/4 of the SWV4 of Section 2,Township 83 North,Range 24 West ofthe 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. Beginning at the SW Corner of said Lot 3;thence N00°12'14"E, 10.56 feet along the West line of said Lot 3;thence S86'44-02"E, 131.80 feet to a point on the East line ofthe West 40 feet of Lot 2;thence S00°32'28"W,3.46 feet along said East line to the SE corner of the West 40 feet of said Lot 2;thence N89°49'15"W, 131.59 feet along the South line of Lot 2 and Lot 3 to the Point of Beginning, containing 923 Square Feet. This easement and a certain easement for public highway granted to the City of Ames, Iowa is given in fulfillment of a certain real estatt contract dated mn rr h 93 , 20ol , and is on file in the City of Ames Public Works Department. The additional amount of$880.00, as agreed to by contract, is paid as severance damages to the remaining property. 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 of payments 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 ofthe Iowa Department of Natural Resources. Reimbursement will be made upon Grantor providing Grantee with itemized bills and receipts for the replacement of the wells. G3p:lr-hiasm tor G antee This site weviousl used as a service station site and there may be some environmental contamination on or nearby the premises. a reediation 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 as to 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 ol , (SIGN IN INK) r KERR-McGEE REFINING CORPORATION ° 6��^ BY: � BY: Name: can B. Wallace Name: Don Hager Title: Title: :.: Vice President rK Assistant Secretary STATE OF nkl;;bama , COUNTY OF C_),kla a , ss: On this 23 day of March , 20 01 , before me,the undersigned, a Notary Public in and for said State, personally appeared ,lean B_ Wallace and Don 14agpr _,to me personally known,who,being by me duly sworn,did saythat they are the y;rP Pragi Apnf and AqQ;cram Qonrataru respectively, of Kerr-McGee Refining Corporation, a corporation organized and existing under the laws of the State of Delaware, (that-ne-se4hetgbeen- Rrast (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 Tpa n B_ wi 11 a c e and inn Tjn as such officers,acknowledged the execution of said instrument to be the voluntary act and deed of sai corporation,by it and by them voluntarily executed. Oklahoma County SEAL Notary Public in and for a,p ►� ;' State of Oklahoma `.�!® �•' My commission expires Jan.18,2003. City of Ames,Iowa STPN-69-5(70)--2J-85 Parcel 9,Kerr-McGee Refining Corporation 4 - 04 778 (&) IOWA DEPARTMENT OF TRANSPORTATION 7'0184% ACOUISITION PLAT • lIII 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 24W ROW - FEE AC, EASE 923 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 CITY OF AME S . I OWA ACOUISIT10N LOT 2 182 SO. FT. 1.00' TOTAL 923 SO. FT. GILCHR"ST STREET ORIO. W• LINE ST. FD.� REROD W/C0 x 6586 N 31' �'� � BLOCK 48 � Z w O Lu o c=� J o Q ~ F w Q O CD 3 00 F- 0 3 ; Q rn 0 2 00, '` z Z + per = O J --O F— �` N r+l + Ill O" G N N f 0 25 50 < M W N IN Q iD QO = Q H J SCALE IN FEET.' rn m a 'W co P = PLATTED DIMENSIONS $ m 3 = I/1 F0. P. .K. S86.44.02"E 131 NAIL 80t••....,• 31' N89.49'1 S'M 131.59. ••. X S L Y R/W L NE PI Sta 220-61.07 SW CDR LOT 3 (Olt. L. May wBL) SE CDR W 40' LOT 2 A=3.07'34.54" Lt. - No Curva FD. "X" FO.1;" RE-ROD M S86'44'09"E W/�ELLOW =POT Sta 220+60.68 ~' WEST BOUND LANE N87.49'25"E CAP n 6586 (L. May Surv.) — — — — — — — --KQTIDN11NL — — — — — — ----- EAST BOUND LANE LINCOLN WAY ( US 69 ) M Pl S;a 221�10.50 10.R. L. Way EBLI Bac 54.8 R No C ry P.1. STA. 219+24.23 = POT Ste 221.09.57 (L. Way Survey) And. = 5' 26' 26.13" (RT) D = 11. Do' 00.00. T = 24.75' L = 49.46' E = 0.59' R = 520.87' P pp� O� I hereby certify that this Land surveying document was y prepared by me or under my direct personal supervision. and that I am a duly Licensed Land Surveyor under the 1 1556 lows of the Stave of ! a. ,e,,D� W Q J R. POpelka Lic. o. 11556 ate I i cense renewal d to is December 31. 2000. DATE DRAWN JO° 5/18/2000 1 REVISED 11-09-2000 GCJ 0 1 - 04 7 78 (3) I l 1E >rASI�ML?N`I' RIGHT FOR�IiGMWAY PURPOSES GRANTED 1S TO LAND DESCRIBED AS h(3LL0`.tIS: A parcel of land in the West 40 feet of Lot 2 and in Lot 3 of Block 48 in the 4`i' Addition to Allies in the SW'IA oi';he SW,A of Section 2, Township 83 North, Range 2-I West of the Fifth Principal Meridian, included in and forming a part of the City of Ames, Story County, luwa, shown on Acquisition Plat, Lxhibit "A", attached hereto which by this reference is made a part hercof. Beginning at the SW corner of said Lot 3; thence NOW 12'14"E, 10.56 feet along the West line of said Lot 3; thence S86°44'02"E, 131.80 feet to a point on the East line of the West 40 feet of Lot 2; thence S00°32'2.8"W, 3.46 feet along said East line to the SE corner ol'the West 40 feet of said Lot 2; thence N89°49' l 5"W, 131.59 feet along the South line of Lot 2 iind I.m 3 to the Point of Beginning, containing 923 Square Ft 01. Story County Project No. S`1'PN-69-5(74)-2,1-85 Parcel p 1 - 0.4 77 &(4)