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eAl 6 0 INBTSNO
TT6.
FILED FOR RECO
AU G 2 8 1998 PM
K.
SUSAN L.VANDE KAMP,ROMMIet 5V
RECORDING FEE$....oZ h 00
AUDITOR'S FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
RIGHT-OF-WAY EASEMENT FOR WATER CONDUITS
AND TEMPORARY CONSTRUCTION EASEMENT
FOR THE CITY OF AMES SPORTS COMPLEX WELL FIELD
This Easement Agreement made as of the 19+K— day of Au q u 5t— , 1998,by and between
THE CITY OF AMES,IOWA,hereinafter called Grantee,and HIC RY PARK,INC.,hereinafter called
Grantor,witnesseth:
For and in consideration of the sum of$1,000.00,and other considerations herein recited,the receipt of
which is hereby acknowledged,the Grantor,its successors and assigns,hereby grants to the City of Ames,Iowa,
Grantee, a perpetual easement and right-of-way in which to construct, maintain,repair,replace, enlarge, and
operate utility facilities including but not limited to, water conduits, sanitary sewage conduits, storm water
conduits, and electrical lines and appurtenances, plus ingress and egress in, through, over, and across the
following described tract of land situated, lying, and being in the City of Ames, County of Story and State of
Iowa,to wit:
"An area of land described in the following manner: Beginning 10 feet east and 19 feet south
of the NW corner of Section 13,Township 83 North,Range 24 West,continuing 841 feet south;
thence west 35 feet;thence north 759 feet;thence west 10 feet;thence north 77 feet;thence east
35 feet;thence north 5 feet;thence 10 feet east to the point of beginning",
as shown on the attached plat.
Plus,a temporary construction easement over the following described tract of land in Ames, Story County,Iowa,
to wit:
"That part of the west 10 feet of the east 35 feet of the NE'/4 of the NE'a of Section 14,
Township 83 North, Range 24 West, beginning 101 feet south of the north section line of
Section 14,Township 83 North,Range 24 West,continuing 759 feet south",
as shown on the attached plat.
It is hereby mutually covenanted and agreed by and between the parties hereto as follows:
1. As consideration for the utility easement herein granted, the Grantee does hereby release,
relinquish and abandon its rights to the use of a portion of the electric utility easement recorded in the Office of
the Story County Recorder on November 21,,1952 in Book 72 at page 508,said portion being that which pertains
to the east 53 feet of the west 63 feet of the NW'/4 of the NW'/4 of Section 13, Township 83 North,Range 24
West,starting 34 feet south of the north section line of the NW'/4 of the NW'/4 of Section 13,Township 83 North,
Range 24 West,continuing south 826 feet.
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2. The right-of-way hereby granted is for a subsurface right for said conduits,which shall be laid
not less than two and one-half feet below the natural surface of the ground, and for the use of the surface of the
ground only for electrical lines and appurtenances, manholes, ventilators, and other necessary surface
appurtenances and the right to maintain, repair, replace, enlarge, and operate the electric lines, conduits, and
appurtenances,together with the right for ingress and egress over the above-described tract of land.
3. Any damage done to growing crops as a result of construction,repair,and other work done by
Grantee in the exercise of its rights hereunder,shall be paid by the Grantee to the owner of such crop,but Grantor
shall not plant in the permanent easement area nor in the temporary easement area in the year when construction
is anticipated,reasonable notice of which will be given by the Grantee.
4. The Grantor shall not erect or place any building or plant any tree on any of the above described
right-of-way,and the Grantee shall not be liable for damages occasioned by their removal or injury when done
to protect its facilities.
5. Grantor warrants that he has full right and lawful authority to make the grant hereinabove
contained, and promises and agrees to defend the Grantee in its exercise of rights hereunder against any defect
in his title to the land involved or his right to make the grant hereinabove contained.
6. Each and every one of the benefits and burdens of this agreement shall inure to and be binding
upon the respective legal representatives,heirs,executors,administrators,successors,and assigns of the parties
hereto.
IN WITNESS WHEREOF,the parties have executed the within agreement as of the day and year first
above written.
HI C PARK, C. CITY O MES,
M'ter 4
By: By:
Ted Tedesco, or p
r
`
a
By: Attest by: 4 `
Jill Ripperger,pity Ch
.._ a
•.. •.a b a
•a
INSTRUMENT NO. 98-12103
NOTE: We corrected this
document by changing the
recording date of the easement
referred to in paragraph "1."
at the bottom of page one
from 11NOVEMBER 11, 1952" to
NOVEMBER 21, 1952, as it
appears on our record. I
confirmed this action with
Donna in the city attorney's
office.
SUSAN L. VANDE KAS'P,
STORY COUNTY RECORDER
12103 C Z
STATE OF IOWA,COUNTY OF STORY,ss:
On this I day of Ate+- , 1998,before me,the undersigned, a Notary Public in
and for said State,personally appeared: i�—ee lock. and to me personally
known, who being by me duly sworn, did say that they are the s� i _ t 1��PIorlCand ,
respectively, of said corporation; (that no seal has been procured by said corporation) (that the seal affixed
thereto is the seal of said corporation); that said instrument was signed and sealed on behalf of said
corporation by authority of its Board of Directors, and that said ZaJicl 0�=tn!r—and
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.
UHDA M.DEDECKER
• MY COMMISSION PI
Nota ublic in and for Story County,Iowa
STATE OF IOWA,COUNTY OF STORY,ss:
On this o day of &Wd , 1998 ,before me, a Notary Public in and for the State of
Iowa, personally appeared Ted Tedesc9 and Jill Ripperger, to me personally known, and, who, being by me
duly sworn, did say that they are the Mayor and City Clerk,respectively, of the City of Ames,Iowa; that the
seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation,by authority of its City Council, as contained i esolution
No. 9 8'—qV5 adopted by the City Council on the�day of A t , 1 , and that
Ted Tedesco and Jill Ripperger acknowledged the execution of the instrument to be their voluntary act and
deed and the voluntary act and deed of the corporation,by it voluntarily executed
Notary Public in and for Story County,Iowa
Parks/Hickory.603 M]52=!jRES
EN C.THOMPSONrev.8/14/98
o� $,. 12103 ( 3)
I
24' 11 12
O
c'
77' 1 4 1 3 19'
PERMANENT UTILITY EASEMENT —
An area of land described in the
following manner: Beginning 10
10, feet east and 19 feet south of
the NW corner of Section 13,
10` Wide Township 83 North, Range 24
West, continuing 841 feet south;
temporo,ry thence west 35 feet; thence north
construction 759 feet; thence west 10 feet;
eo,sement thence north 77 feet-, thence east
35 feet; thence north 5 feet;
' thence10 feet east back to the
00 841' Point of beginning.
TEMPORARY CONSTRUCTION
759' EASEMENT — That part of the
I west 10 feet of the east 35 feet
of the NE 1/4 of the NE 1/4 of
II
00
Section 14, Township 83 North,
! Range 24 West, beginning 101
00 feet south of the north section
line of Section 14, Township 83
North, Range 24 West, continuing
759 feet south.
NE 1/4 NE 1/4 NW 1/4 NW 1/4
SEC 14—T83N—R24W oo SEC 13—T83N—R24W
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35'�
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Revisions Dole Scole:r=l50- City of Ames, Iowa
Modified to show 07-31-99 Drawn DWG
N0
vocoted eosenent BY, JD, AP Water & Pollution Control Department
eosenentew utility Checked Utility Easements
Re—ed 00-07-98 By: WG SE Well Field TO YSC Well Field 4
vocoted eosenent. -
Updated 0a-07-98 Approved SS HICKORY PARK INC.
Went descrptl°n. 300 East Fifth Street Ames, Iowa 50010
Rev sed 08-13-98 Date:15MAY98 (515) 239-5150 (515) 239-5251 (FAX) of 4
event description. nn
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