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INST.NO.
V STORY COUNTY,IOWA
M
D I D � FILED FOR RECORD
® //AM SEP 2 4 1998 99 ��
SUSAN L.VANDE P,Reoo�S
nUD1110
ssa
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 Zday of , 1998,by and between
THE CITY OF AMES,10"WA,hereinafter called grantee, and. SC.OW SEED CO.,L.L.C., hereinafter
called grantor,witnesseth:
For and in consideration of the sum of$1,900.00, the receipt of which is hereby acknowledged,the
grantor,its successors and assigns,hereby grants to the City of Ames,Iowa,grantee,a right-of-way in which to
construct,maintain,repair,replace,enlarge,and operate water conduits,with necessary valves,vaults,manholes,
ventilators,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:
"The East 25 feet of the NE'/4 of the SE'/4 of Section 11,Township 83 North,Range 24 West,
starting 400 feet South of the North line of the NE 'A of the SE'/4 of Section 11,Township 83
North,Range 24 West,continuing 730 feet South,"
plus a temporary construction easement for work area and material storage over:
"The West 10 feet of the East 35 feet of the NE '/4 of the SE '/4 of Section 11, Township 83
North, Range 24 West,starting 400 feet South of the North line of the NE'/4 of the SE Y4 of
Section 11,Township 83 North,Range 24 South,continuing 730 feet South,"
as shown on the attached plat.
It is hereby mutually covenanted and agreed by and between the parties hereto as follows:
1. The right-of-way hereby granted is for a subsurface right for said water pipes,or conduits,which
shall be laid not less than two and one-half feet below the natural surface of the adjacent ground,and for the use
of the surface of the ground only for manholes,ventilators,and other necessary surface appurtenances and the
right to maintain,repair,replace,enlarge,and operate the pipes,or conduits,and its appurtenances,together with
the right for ingress and egress over the above-described tract of land.
2. 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.
3. 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.
1
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4. The existing drainage ditch located on the west side of the easement area shall be restored by
grantee to its pre-construction condition,and its effectiveness shall not be diminished by grantee or grantee's use
of the easement area.
5. Grantor warrants that it 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 it's title to the land involved or it's 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.
ASGROW SEED COMPANY L.L.C. CITY OFAAS,
Jan Snider Ted Tedesco,Mayor
Attest by: n
Jill RiWerger, tty CI lc x
STATE OF IOWA,COUNTY OF STORY,ss
' On this _day of 19 before me,a Notary Public in`and�foi-Sory�C°ounty,
Iowa;personally appeared to me personally known,who being by me duly sworn;did say
that that person is �f said limited liability company,and that said ins ent was signed on
behalf of said limited lia lity company by authority of its managers and the said acknowledged the
execution of said instrument to be the voluntary act and deed of said limited liab' com any by it voluntarily executed.
- Z____ '7
7. 5// Iotary Public in and for Story County,Iowa
STATE OF IOWA,COUNTY OF STORY,ss:
ZAJD a -- c { O� f- f n 1' ., 't C
On this :.ay o� G� I9 ,b:�o e me,a No,f i ub.lc ir,and far�..e„tale of Iowa,personally
appeared Ted Tedesco 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 in Resolution No. �9�Y79 adopted by the City Council on the�"V day
Of 192 ,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/asgrow.7 10 p,
1� �� KAREN C.THQMPSQN
rev.8/28/98 MY COMMISSION EXPIRES
oWp �a•a3-a�
2 1,3318 C Z-�
4
N, y
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Asgrow 1 1 12
11 12
From Asgrow
PERMANENT EASEMENTi The East 25 feet of
the NE 1/4 of the SE 1/4 of Section 11,
Township 83 North, Range 24 West, starting
400 feet South of the North line of the NE
1/4 of the SE 1/4 of Section 11, Township 83
North, Range 24 West, continuing 730 feet
South.
C❑NSTRUCTI❑N EASEMENT; The West 10 feet City of Ames
of the East 35 feet of the NE 1/4 of the
SE 1/4 of Section 11, Township 83 North,
Range 24 West, starting 400 feet South of
the North line of the NE 1/4 of the SE 1/4
of Sectionll, Township 83 North, Range 24
South, continuing 730 feet South.
NW 1/4 SW 1/4
SEC 12-T83N-R24W
NE 1/4 SE 1/4
SEC 11-T83N-R24W
Permanent Water
Main Easement (25')
Temporary Construction Fred and Mildred Lange
Easement (10')
I
Jerry Carney & Sons
Pamela K. Bradshaw
RevWom Dte s`°ie:i•=too City of Ames, Iowa DWG NO
orvim� nr water & Pollution Control Department
Checked Utility Easements I
p we SE Well Field TO YSC Well Field 1
w Proved ASGROW
9 g` :. C3)
!„ 300 East Fifth Street Ames, Iowa 50010
Dote-15WAY98 (515) 239 5150 (515) 239-5251 (FAX) of 4