HomeMy WebLinkAboutA001 - Agreement for Easement dated February 5, 1957 AGREEMENT FOR EASEMENT
THIS AGREEMENT, Made this 5th day of February, 1957, by and between
HE CITY OF AMES, IOWA. hereinafter called "first party", and H,A. MUNN,
f Ames, Iowa, hereinafter: called "second party" WITNESSETH:
THAT WHEREAS on February 5, 1945 the first party and one George
oberson entered into an agreement entitled "Contract, Easement, and License
hich instrument appears of record in Book 60 on page 623 of the records of
tory County, Iowa,, and
WHEREAS, the second party is now the owner of a certain tract of real
state lying to the North of the railroad right-of-way in the North half of the
South we at quarter of Section 1 and the Northeast quarter of the Southeast
uarter of Section 2, Township 83 North, Range 24, West of the 5th P.M. by
rtue of purchase from the said George Roberson, and
WHEREAS it is now the desire of the parties hereto to cancel said
nstrument and in lieu thereof to establish an easement in favot of the second
arty as hereinafter provided,
NOW,, THEREFORE, it is agreed as follows, to-wit:
Said contract, Easement, and License dated February 5,, 19 45 and
ecorded in Book 60 on page 623 of the records of Story County, Iowa is hereby
anceled and annulled;, and the first party does hereby waive and relinquish the
easement and right-of-way specified in paragraph 2 of said instrument.
The first party does hereby grant and convey unto the second party a
ermanent easement for vehicular and other traffic over a strip of land one rod
a w:dth on each side of the following line, to-wit:
Beginning at a point which is North 1 degree 33 minutes West 191 feet and
orth 8$ degrees 4S min tgs. Eapt 1249. 7 feet from the Southwest corner of the
Northwest quarter of the Southwest quarter of Section 1, Township 83 North,
ange 24, West of the 5th P.M., and running thence Southeasterly 100 feet, mol e
r less„ at right angles to the South track of the Chicago and Northwestern
ailway, to the Northerly line of the right-of-way of said railway, and there
terminating.
The expense of construction and maintenance of any bridge or other
rection upon the tract last above described shall be borne by the second party,
and no such bridge or other erection shall be hereafter constructed without the
approval of the first party.
IN WITNESS WHEREOF this agreement has been executed the day and
ear first above written.
TTEST: THE CITY OF AMES, IOWA
By
W. Prather. City Clerk , , Lawlor, Mayor
FIRST PARTY
H.A.. Munn
SECOND PARTY
1497
STATE OF IOWA j
) SS
STORY COUNTY j
On this day of , A.D.,, 1957, before me, a Notary Public
in and for said County, per so�nally—appeared , to me personally
known, who being by me duly sworn did say that he is Mayor of the City of
Ames, Iowa; that the seal affixed to the foregoing instrument is the seal of
said municipal corporation, and that said instrument was signed and sealed
on behalf of said municipal corporation by authority of the Council of the
City of Ames, Iowa, and the said acknowledged the execution of
said instrument to be the voluntary act and deed of said municipal corporation
by it and by him voluntarily executed.
Notary Public in and for Story County,, Iowa.
STATE OF IOWA
)SS
STORY COUNTY j
On this _day of , A,. D. , 1957, before me, a Notary Public
in and for said County, personally appeared H. A, Munn, to me personally
known to be the identical person named in and who executed the foregoing
instrument,, and acknowledged that he executed the same as his voluntary act
,and deed,
Notary Public in and for Story County, Iowa