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Home My WebLink About~Master - Street and Electric Easements for Dayton Avenue Improvement Project _s • INST.N0. 02 - 04871 'Y RETURN TO: sFILLED FOECORDA �R R 4 Q CITY OF AMES 1� Box 811 MAR 2 9 2002 PM ✓ AMES IA 50010-0811 Aw SUSAN L.VANDE KAMP,Recorder REC.FEE$31-M AUD.FEE$ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Brian H.Davis,3M Center,Building 220-11 W-02,St.Paul,MN 55144-1000 Address Tax Statement To:3M Center,Building 220-11 W-02,St.Paul,MN 55144-1000 ELECTRIC 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, IOWA a Municipal Corporation, of the Count of Store State of Iowa, P rP � Y Y� hereinafter called GRANTEE, the receipt of which is hereby acknowledged, hereby grants and conveys unto GRANTEE, its successors and assigns, a perpetual easement for for the purpose of and including the right to construct, reconstruct, maintain, operate, enlarge, repair, locate, and remove and replace wires and cables for the transmission of electric energy, and for communications purposes, and any poles, structures, foundations and other equipment incidental thereto, (hereinafter collectively referred to as the "Line") together with the right of ingress and egress for access to said Line over all the tracts or parcels of land lying and being in the City of Ames, County of Storey, and State of Iowa, described in Exhibit A attached hereto. GRANTEE, for itself, its successors and assigns, agrees that any underground 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 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 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 t a easement covering the relocated tracts, which said new easement shall be in accordance with the terms and provisions of this easement. In the event the said 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 0,(o4-0 day of AAA-tIdi 2002. MINNESOTA MINING AND MANUFACTURING COMPANY +a e �� `�" By toff>> � e Presideit J. Yeoma r Assistant Secre — Thomas A. Boardman rfiLNYlil�ti� a "� CIT4OF - XCS By , Ma-Lc�� B1�7\A7 AW V,16� �D►'c-vtc, _ Vass, awl �Qa STATE OF MINNESOTA ) COUNTY OF RAMSEY ) On this 20th day of March , 2002, before me, a Notary Public within and for said County, personally appeared J. L. Yeomans and Thomas A. Boardmah 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 J. L. Yeomans and Thomas A. Boardman acknowledged said instrument to be the free act and deed of said corporation. Notary Public STATE OF IOWA ) ROSEANIN C. DAVID NOTARY PUBLIC MINNESOTA G,My Comm.Expires Jan.31 2005 COUNTY OF STOREY ) I A MAP ' On this �V" day of &A,)LNc ` 2002, before me, a Not y � blic within and for said County, personally appeared �.SC-� and I Q i � . Voss to me known, who being by me duly sworn, did say that they ale the ll/IA ✓ and K respectively, bf the CITY OF AMES, IOWA name . 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 s�co�rpol'on!by authority of its -of and said eLt CSC-0 and 771 r r l . VOSS acknowledged said instrument to be the free act and deed of said corporation. /. Notary Public' e JILL L. RIPPERGER THIS INSTRUMENT DRAFTED BY: !9 COMMISSION#146549 MY COMMISSION IXPIRES IOW A Brian H. Davis Senior Counsel 3M Center, Building 220-1 1 W-02 St.Paul, MN 55144-1000 pale 3 EXHIBIT A Permanent Easement'Area r pao,e IOWA DI-PARIMM OF IRANSPORTATION �, ACOUISH ION PLAT :� EXHIM T "Ae " COUNTY STORY STATE CONTROL NO.__ PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. _19 SECTION 06 _TOWNSHIP 83N _ RANGE 23W _ ROW - FEE 6,399 SO. FT. EASE_ 300 SO. FT. EXCESS - FEI._xX.___Ac ACOUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD —_..._._—SID! ACOUIREO FROM MINNESOTA MINING AND MANUFACTURING COMPANY MATCkiLINE A SHEET 2 of 2 —EXISTING 45.00' i RIGHT-OF-WAY W y CORNER. SECTION 06-63-23 CALCULATED POSITION �( STA. 136+30.01. t3.50' RT. �I] —MATT STREET^ •- S00•00,16"W 70.01' e S89°59.44'E 30.00' pF S 89 59'44'£ �� 23 45.00' S+ EASEMENT 8 • �• p6 POINT OF S00♦00'16"W 10.00' ytiC �p�P w BEGINNING ! 35+5 0 DES• ° lu 88.5 F o- o i tDo 110' N89°59.44 M 30.00'x 30' PERMANENT 0 100 ELECTRICITY TRANSMISSION c31 do DISTRIBUTION EASEMENT ? Z i y Z Z o SCALE C T I O I 4VS 89♦59'44"E 6.00' + ST + 08. 64.ACQUISITION 'POINT OF BEG `OQC WEST LINE OF SW cm SECTION 06-83-23N 00♦00'16"E6.00' ACQUISITION BY FEE TITLE TA I 4. 0 LOT i ' i Y° ♦59'i4"W 6.00' LOT 2 Z1EOSj SON i i LOT 3 i i i LOT 4 U.P.R.R. REV. 10-02-01 GAL DATE DRAWN 3-07-01 KSV en f000688\eeae\100066BOiq.•�q 70/0./SOOT _ - Pa It STORY COUNTY PROJ.NO. STP-U-0155(637�-70-85 PARCEL NO. 19 THE PERMANENT ELECTRICITY TRANSMISSION AND DISTRIBUTION EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A part of the Northwest 1/4, all in Section 6,Township 83 North,Range 23 West of the 51h P.M., in the City of Ames, Story County, Iowa, and more particularly described as follows: Commencing at the West 1/4 Corner of said Section 6; Thence South 89°59'44"East, 45.00 feet to a point on the existing easterly right-of-way line of Dayton Avenue;Thence South 00'00'16" West along said existing easterly right-of-way line, 70.01 feet to the Point of Beginning; Thence South 89°59'44"East, 30.00 feet; Thence South 00°00'16"West, 10.00 feet;Thence North 89°59'44"West, 30.00 feet to a point on said existing easterly right-of-way line of Dayton Avenue;Thence North 00°00'16"East along said existing easterly right-of-way line, 10.00 feet to the Point of Beginning and containing 0.01 acres(300 S.F.). J:\2000_projects\100.0668\wp\PARCELI9EAS.DOC10/04/01 227 PM