HomeMy WebLinkAboutA002 - Amended and Corrected Utility Easement -01 Instrunent:2010- 000 A* 02020
Date:Mar 11r2010 11:27:23A
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Filed for record in Story Countyr Iowa
Susan L. Vande Kama, County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Return to:Ames City Clerk,P.O.Box 811,Ames,Iowa 5001006 1 /
AMENDED AND CORRECTED UTILITY EASEMENT AND FILL AGREEMENT FOR
DISPOSAL OF LIME SOFTENING RESIDUAL FROM WATER TREATMENT
EASTWOOD OF AMES,INC.,Grantor,and the CITY OF AMES,IOWA,Grantee,do hereby agree
that the utility easement described herein corrects and replaces the description filed July 25, 1996,as
instrument number 96-07687 in the office of the Story County Recorder.
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor,
EASTWOOD OF AMES,INC.,does hereby grant and convey to the Grantee,the CITY OF AMES,
IOWA,a municipal corporation,its successors and assigns,a perpetual easement for the purpose of
the City's construction,operation,and maintenance of a water main upon,under,and across the land
described as follows:
The west 20.00 feet of the following described parcel being in the Northeast Quarter(NE 1/4)of the Southeast
Quarter(SE 1/4)of Section Two(2),Township eighty-three(83)North,Range twenty-four(24)West of the 5th
p.m.,in the City of Ames,Iowa,described as follows:Commencing at a point on the west line of the NE 1/4 of
the SE 1/4 of Section Two(2),Township eighty-three(83)North,Range twenty-four(24)west of the 5th p.m.,
Iowa,709.1 feet south of the Northwest corner thereof;thence in an easterly direction along the south line of
the Ames Cemetery 801.6 feet to the Southeast corner of said Ames Cemetery at a point which is 682.5 feet
south of the north line of said Northeast 1/4 of the Southeast 1/4 of said Section Two(2);thence south 216 feet;
thence west 795.3 feet to the west line of said Northeast 1/4 of the Southeast 1/4 of Section Two(2);thence north
216 feet to the place of beginning, said easement contains 0.10 acres(4,320 s.f.).
See the attached Plat of Easement marked and made a part hereof.
The foregoing rights are granted upon the express condition that the users of the granted rights will
assume liability for all damage to the real estate described herein and any adjacent real estate caused
by failure to use due care in the exercise of the granted rights.
Grantor and Grantee, do hereby agree further that the fill agreement for disposal of lime softening
residual from water treatment described and filed July 25, 1996,as instrument number 96-07687 in
the office of the Story County Recorder is amended as follows:
1. The lime softening residual transfer operation described in Appendix A is completed.
2. Authority of the Grantee to deposit any additional lime softening residual is terminated.
3. Grantor will take into consideration the altered bearing capacity of the filled area.
This grant of public utility easement and fill agreement shall be binding upon the heirs, successors,
and assigns of the Grantor.
SIGNED this day of February, 2010.
GRANTOR GRANTEE
EASTWOOD OF AMES,INC. CITY OF AMES,IOWA
e�
y: By: �c.w
Doug La o n YPrestd ot Ann H. Campbell, MaY -_
r
Attest Qt ,
Diane R. Voss, City-'Clerk,,
STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,STORY COUNTY,ss:
s instrument was acknowledged before me on this On this-,91!�day of 1, 2010, before me, a
_ day of V 2010, by Notary Public in and for the State of Iowa, personally
Doug LaBounty,as President of said corporation. appeared Ann H. Campbell and Diane R. Voss, to me
personally known, and, who,being by me duly sworn,did
D say that they are the Mayor and City Clerk,respectively,of
i t3 � NN the City of Ames, Iowa; the seal affixed to the foregoing
Notary Public instrument is the corporate seal of the corporation,and that
the instrument was signed and sealed on behalf of the
PATRICIA M.NISSEN corporation,by authorit of its City Council,as contained in
a�s COMMISSION NUMBER 726M Resolution No.1,d`O $ adopted by the City Council on
* MY COMMISSION EXPIRES the day of FLG• 20 00 , and that Ann H.
/owl, FEBRUARY 12,2013 Campbell and Diane R.Voss 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.
Z. ?;
Notary Nblic
o + JILL L.RIPPERGER
_ Commission Number 146549
My Cgmmisafon Expires
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PUBLIC UTILITY EASEMENT 0
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RECORDED:
INSTRUMENT NO. :
DATE: