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HomeMy WebLinkAbout~Master - Sanitary Sewer - Smith - NE1/4, S11, T83N MEMORANDUM OF AGREEMENT THIS AGREEMENT made and entered into this 1st day of August 1961 by and between THE CITY OF AMES, IOWA Party of the First Part and STUART SMITH and ANN SMITH, husband and wife, of Ames, Iowa, Parties of the Second Part, WITNESSETH: The First Pary agrees, in consideration for Second Parties granting an easement for a sanitary sewer across the following described real estate: Certain land in the Northeast Quarter of Section 11, Township 83 North, Range 24, West of the 5th P. M., Iowa, lying South and East of Wearthts Addition to the City of Ames, Iowa, and described as beginning at a point 12 feet South of the Southeast corner of Lot Six (6), Block One (1), Wearthts Addition to the City of Ames, Iowa, thence East 10 feet, thence North 91. 1 feet, thence West 10 feet, thence South 91. 1 feet to the point of beginning ; to assume all liability for damages to the above described property and to restore the same as nearly as possible to its original condition, and further agrees to pay damages for loss of crops at the rate of $150. 00 per acre for the first year plus one-half of said rate for the following year for all crop land involved in said easement area. First Party further agrees, in consideration for Second Parties grant- ing an easement for a sanitary sewer across the following described real estate: The North 100 feet of the West 125. 6 feet of the East 575. 6 feet of the Northeast Quarter (NE') of Section Eleven (11), Township 83 North, Range 24 West of the 5th P. M., Iowa and more parti- cularly described as 5 feet on each side of a line beginning at a point 50 feet South and 450 feet West of the Northeast corner of Section 11, Township 83 North, Range 24 West of the 5th P. M., Iowa, thence West 125. 6 feet; to assume liability for all damages to the above described property, to restore the same as nearly as possible to its original condition, to maintain so far as poaetical the drive across said easement area and to resurface Y i -2- the same after construction and restore it to its original condition, to preserve the evergregntrees in the northeast corner and if the same are damaged First Party agrees to replace the same, and First Party further agrees to pay damages for loss of crops at the rate of $150. 00 per acre for the first year, plus one-half of said sum for the following year for all crop land involved in said easement area. Dated at Ames, Iowa this 1st day of August , 1961. ATTEST: CITY OF AMES, IOWA By P City Vlerk Mayor, Party of the First Part Stuart Smith Ann Smith Parties of the Second Part