HomeMy WebLinkAbout~Master - Utility Right of Way - BBNC, LLC - Sumner Avenue Right-of-Way in Kingsbury's Addition ✓,Y� Instrument:2011- 00003741
M MOW 2101011 12:58:06P
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Filed for record in Story Countyf Iowa
Susan L. Vande Kamp, County Recorder
Utility Right of Way Permit and Easement
Recorder's Cover Sheet
Preparer Information: Douglas R. Marek
City Attorney
Ames Legal Department
515 Clark Avenue
Ames, Iowa 50010
Phone: 515-239-5146
Taxpayer Information: City of Ames, Iowa
515 Clark Avenue
Ames, Iowa 50010
Return Document to: Ames City Clerk
P. O. Box 811
Ames, Iowa 50010
Grantor: Bart Clark,President,BBNC, LLC
Grantee: City of Ames, Iowa
Legal Description: See Legal Description on Page 2
Document or instrument number if applicable: N/A
UTILITY
RIGHT OF WAY PERMIT AND EASEMENT
THE UNDERSIGNED, its successors and assigns, in consideration of the sum of One
Dollar and other consideration, receipt of which is hereby acknowledged, do grant to the City of
Ames, Iowa, a municipal corporation, its successors and assigns, the perpetual right to construct,
reconstruct, maintain, and use a storm sewer, sanitary sewer, water and electric lines, consisting
of poles, wires, cables, conduits, fixtures, anchors, and other similar equipment, including the
right to trim or remove trees within such area where necessary to secure a clearance of 4 feet from
the wires or poles, and a right of access for equipment and vehicles, together with the right to
extend to telephone, telegraph, television, or gas companies, the right to use separately or jointly
with the City of Ames the areas included in this easement for the purposes above enumerated,
over, upon, across, or under the following described real estate, situated in the County of Story,
State of Iowa,to-wit:
Commencing at the northeast corner of Lot 1, Block 4 of Kingsbury's Addition
to the City of Ames, Story County,Iowa, in the 5`b P.M.;thence south 152' along
the west ROW line of Sumner Avenue to the point of beginning; thence south
112' along the west ROW line of Sumner Avenue; thence east 33' to the
centerline of Sumner Avenue; thence north 112' along said centerline; thence 1
west 33' to the point of beginning;Containing 3,696 square feet.
It is further promised by Grantor that there shall be no construction or erection of any
building or structure on the described land or at any other place where any part of such structure
will be closer to the said wires, conduits, cables, etc., than is allowed by the National Electric
Safety Code, ANSIC-2, or over a gas, water, or sewer main. Fences and materials storage is
permitted, but removal will be prompt on request of the Grantee for exercise of rights herein
stated.
The foregoing rights are granted upon the express condition that the City of Ames will
assume responsibility for all damage to the above described property caused by the City's failure
to use due care in the exercise of its granted right. The provision in Ames Municipal Code
sections 22A.3 and 22A.4 shall be applicable to the surface of any parking area and access way
on the above-described property.
Witness our hands this a-A day of ,2011.
Bart Clark,President
BBNC, LLC
State of Iowa,County of Story, ss. Paz
This instrument was acknowledged before me on this 4' day of OA&Z —, 2011,
by Bart Clark,as President of said corporation.
o PA�Sr SHERI L. DAVIS ,
COMMISSION#127116
*
'O1NA a—MY COMMISSION EXPIRES
Notary Public for the State of Iowa
43963.doc 1
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