HomeMy WebLinkAbout~Master - Vehicular and Other Traffic - H. A. Munn - Sec 1-T83N-R24 CONTRACT. EASEMUT. AND LICENSE_
WHEREAS, the City of Ames.. Iowa is the owner of certain
land hereinafter described; and
WHEREAS, George Roberson of Ames, Iowa is the owner of
certain land hereinafter described; and
WHEREAS, it is the desire of said City to grant a revokable
license to the said Roberson, said license giving to the said
Roberson permission to cross the land owned by said City; and
WHEREAS, it is the desire of the said Roberson to grant to
the City an easement, said easement giving the right to said City
to cross the land owned by t he said Roberson; and
WHEREAS, it is the desire of both parties that the terms
and conditions of said easement and said license be fully set
I
forth,
NOW, THEREFORE,
1. The City of Ames, Iowa does hereby grant to George
Roberson permission, under revokable license, to cross the land
described as:
All that part of the 8W} of the SW} of Section 1, Twp, 83
North, Range 24 West of the 5th P. M., which lies North-
westerly of a line drawn parallel with and distant 110
feet, at right angles, Northwesterly from the center line
of the Westbound or most southeasterly main track of said
Railway Company, as said main track is now located and
established. Also: All that part of the West 1300 feet
in width of the NW} of the SWJ of said Section 1 which
lies between two parallel lines, one of said lines being
distant 150 feet, at right angles, northwesterly, and the
other of said lines being distant 110 feet, at right
angles, northwesterly from said center line of said track,
under the following terms and conditions:
(a) The said Roberson shall not erect or construct
any bridge or erection of any type upon or over said land
without having first secured the approval of the City
Manager.
(b) Any such bridge or erection so constructed shall
be subject to removal within 60 days upon the City Manager
so notifying the said Roberson in writing, said 60 day
period to commence from the date of receipt of said notice.
Failure to so remove said bridge or erection within said
M
F period shall entitle the said City to do so itself and
all costs in connection therewith shall be paid by the
said Roberson.
(a) Said Roberson acknowledges that he enters upon
the operation of this license with full knowledge of the
condition of said property, and that he assures sole and
entire responsibility for any lose of life, or Injuries
that may be sustained by k*self or .his employees in sea-
neation therewith:
(d) Said City reserves the right to eancel this
license-at any t3we upon giving ;to the said Roberson W
days written notice.
(e) This liepAse .shall be non--Aegotiable and non-
trap sfeirable, except with the permies`ion And ratification
of the City of Ames, Iowa.
2. The said Roberson, in consideration of the am of One
Dollar and other considerations in hand duly paid, and by this
Instrument payment duly acknowledged as received,_ does hereby
grant to the City of Ames, Iowa, upon lead owned by himself and
contiguous to the land above described and owned by said City, tote
free and uninterrupted use, liberty and privilege of and passage
on and over said land, together with free ingress, egress, and
regress to and for said City, for all times forever hereafter,
provided, however, that said City shall assume liability for all
crop damage committed by said City in i is exercise of this granted
right, and said City shall assume sale and entire responsibility ,
for any loss of life or injuries that may be sustained by its
employees, in conneotion therewith.
WITNESS OUR H M 9 this � day of February, 1945
Owner
Owner pouse
CITY OF AUES, IOWA
Hy , %�
STATE OF If?1rA
Sg
StORY COUIT7
On this : day of rsbruary, 1945, before. me, a Notary
Public In and for said Gaunter; and state, psisena lly appeared Q*qr
Roberson and Laura. Robereeta, his wife, W" me�' n to be tie
parties mentioned in the foregoing Contract' Easement and is eta, ; r
and who executed the same, end they did_aaknowl.edged that they
executed it as theIr ewa;friee .act ,and d4 end,es tha res al&t f
and deed of -each of
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