HomeMy WebLinkAbout~Master - Storm Sewer - 3M - Dayton Avenue RETURN TO:
: AMES CITY CLERK M�,►,�" 0 14 7 01
BOX 811 r INST.NO.
AMES IOWA 50010 STORY COUNTY,IOWA
Pal FILED FOR RECORD
OCT 2 9 2001 PM
SUSAN L VANDS KAMP,Racrdfrs4"-�
WAtL&9-V D.I
STORM SEWER EASEMENT
MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation under
the laws of the State of Delaware, with principal offices in the City of St. Paul, County of
Ramsey, State of Minnesota, hereinafter called GRANTOR, for and in consideration of
the sum of One Dollar($1.00) and other valuable consideration to it paid by the CITY OF
AMES, a Municipal Corporation, of the County of Story, State of Iowa, hereinafter called
GRANTEE, the receipt of which is hereby acknowledged, hereby grants and conveys unto
GRANTEE, its successors and assigns, a perpetual twenty (20) foot easement for an
underground public storm Sewer and surface water flowage easement, together with the
right of ingress and egress for access to said storm sewer line over all the tracts or parcels
of land lying and being in the City of Ames, County of Story, and State of Iowa described
on Exhibit"A" attached hereto.
GRANTEE, for itself, its successors and assigns, agrees that all utility lines shall
be buried so as to have a minimum depth of 36 inches from the top of the utility line to the
surface of the ground.
GRANTOR excepts from this easement and reserves unto itself, its successors and
assigns, the right to install, construct, repair and maintain certain facilities, including but
not limited to roads, process lines, conduits, drain pipes, and utility lines or pipe lines of
every kind whatever, over, under, and across such easement including the right to grant
easements to any and all other public utilities to install, construct, repair, and maintain
such utility lines, provided only that such facilities do not unreasonably interfere with
GRANTEE's use and enjoyment of the easement granted hereby; GRANTOR further
reserves unto itself, its successors and assigns, the right to fully use and enjoy the said
premises, except for the easement herein granted to GRANTEE. GRANTOR agrees that it
shall not erect any structures, or other objects, permanent or temporary, except fences, on
said strips of land, without the prior written approval of GRANTEE.
GRANTEE for itself, its successors and assigns, covenants that it will pay the
reasonable value of any crops destroyed and other physical damage done to the property of
GRANTOR, its successors and assigns, arising at any time out of the exercise by it of the
rights herein granted.
GRANTEE agrees to indemnify and hold GRANTOR harmless from any and all
liability for damages, costs, losses, and expenses, for all injuries or death and all damage to
any and all property, by whomsoever owned, resulting from, arising out of or in any way.
connected with GRANTEE's use of the aforesaid premises for the aforesaid purposes.
GRANTEE agrees to relocate, at GRANTOR's cost and expense, the storm sewer
line facilities located upon this easement to such other location on GRANTOR's property
as GRANTOR in its discretion may require, and GRANTOR agrees to give to GRANTEE
a new easement covering the relocated tracts, which said new easement shall be in
accordance with the terms and provisions of this easement.
I
14
In the event the said underground storm sewer line facilities situate upon this
easement shall at any future time be abandoned or cease to be used, the easement hereby
granted shall automatically and ipso facto cease and determine as though this easement
had never been granted, and GRANTEE shall, at its own cost and expense, remove from
said premises its property and said facilities and shall thereupon surrender and deliver
possession of said premises to GRANTOR, its successors and assigns.
The rights granted hereunder are subject to any easements, rights of ways and
encumbrances of any kind or nature whatsoever now existing upon, over, or across the
property as described.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
affixed their respective seals this_ ;/von day of 2001.
' NaNNESOTA MINING AND l�ZANUFACTURING
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n Vice President -Ronald R. Belschner
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Assistant A&retary - Gregg M. Larson
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Ted Tedesco Mayor
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STATE OF MINNESOTA )
COUNTY OF RAMSEY )
On this 17th day of October , 2001, before
me, a Notary Public within and for said County, personally appeared
Ronald R. Belschner and Gregg M. Larson
to me known, who being by me duly sworn, did say that they are the Vice President and
Assistant Secretary, respectively, of MINNESOTA MINING AND MANUFACTURING
COMPANY named in the foregoing instrument and that the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation by authority of its Board of Directors, and said
Ronald R. Belschner and Gregg M. Larson
acknowledged said instrument to be the free act and deed of said corporation, j
Notary Public
STATE OF IOWA )
C_DAWD
�NOTA`31��P11f31:�� �a
COUNTY OF STORY)
On this 26th day of October , 2001, before
me, a Notary Public within and for said County,personally appeared
'red 'Tedesco and Jill Ripperger
to me known, who being by me duly sworn, did say that they are the
Mayor and Deputy City Clerk
respectively, of the CITY OF AMES named in the foregoing instrument and that the seal
affixed to said instrument is the coAt" seal of said and and that said
instrument was signed and sealed in behalf of said eg*k-a4m by authority of its Bezrr&-ofCity Council
of the City of Ames, IA, and said Ted Tedesco and _
ji 11 Ri ppergQr acknowledged said instrument to be the free act and deed of
said corporation.
Notary Public
0P%AL KAREN C. THOMPSON
# * COMMISSION#177422
THIS INSTRUMENT DRAFTED BY: MY CO M1SSl NEXPIRES
1OWWWA1111
Brian H. Davis
Senior Counsel
P. O. Box 33428
St. Paul,MN 55133-3428
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EXHIBIT A
STORM SEWER EASEMENT 0
CITY OF AMES , PUBLIC WORKS DEPARTMENT
DATE: N
OWNER : MINNESOTA MINING & MANUFACTURING
3M CENTER
900 DAYTON AVE
AMES, IA 50010
NORTHWEST CORNER
SECTION 6 0 162, NO SCALE
T 83N R 23W
o EAST 13TH STREET
0
POINT OF BEGINNING
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45'
STORM SEWER EASEMENT
FROM: MINNESOTA MINING AND MANUFACTURING
DESCRIPTION: A STRIP OF LAND 20' WIDE, THE CENTERLINE THEREOF COMMENCING AT THE
NORTHWEST CORNER OF SECTION 6 TOWNSHIP 83 NORTH RANGE 23 WEST OF THE 5TH P.M.,
CITY OF AMES, STORY COUNTY, IOWA, THENCE 162' EAST ALONG THE NORTH LINE OF SAID SECTION,
THENCE SOUTHERLY TO A POINT ON THE SOUTH R.O.W. LINE OF EAST THIRTEENTH STREET TO
THE POINT OF BEGINNNING, THENCE RUNNING S210 55'00"W A DISTANCE OF 316.8' TO THE EAST
R.O.W. LINE OF DAYTON AVENUE
RECORDED:
INSTRUMENT NO. :
DATE:
IPhillda ton easements.d n t y g Oc . 03, 2001 09:12:25
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