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HomeMy WebLinkAbout~Master - Water Main - Minnesota Mining and Manufacturing Company " INST. NO. STORY COUNTY, IOWA - E A S E M E N T c FILED FOR RECORD 1� o AM LIAR 17 1989 PW SUSAN L VANDE K,AMP,Reurder MINNESOTA MINING AND MANUFACTURING COMPANY, a corpoQrgkv�a, --;Z5'CV AuMWs P9e$ the laws of the State of Delaware, with principal offices in the City of St. Paul , County of Ramsey, State of Minnesota, hereinafter called GRANTOR, for and in consideration of the sum of One Dollar ( $1. 00 ) and other valuable consideration to it paid by the CITY OF AMES , IOWA, a municipal corporation of the State of Iowa, hereinafter called GRANTEE, the receipt of which is hereby acknowledged, hereby grants and conveys unto GRANTEE, its successors and assigns, an easement to enter upon the land described and the right to construct, reconstruct, clean up, operate , maintain, and cover over and repair an 8" diameter water main in the City of Ames, County of Story, and State of Iowa, the easement being upon, under and across the land known and described as follows, to-wit: A Ten (10) foot wide easement across that part of the Northwest Fractional Quarter (NW Frl. 1/4 ) of Section 6, Township 83 North, Range 23 West of the 5th P. M. , that lies West of the East 97 Rods of the said Northwest Fractional Quarter and lies five ( 5 ) feet on each side of the following described centerline: COMMENCING at the Northwest corner of the East 97 Rods of the Northwest Fractional Quarter of said Section 6; thence South 00 degrees 06 minutes 00 seconds West, along the west line of said East 97 Rods, a distance of 370. 00 feet; thence South 90 degrees 00 minutes 00 seconds West 10. 00 feet to the True Point of Beginning of the centerline to be described; thence South 00 degrees 06 minutes 00 seconds West 1080. 50 feet; thence South 22 degrees 24 minutes 00 seconds East 26. 13 feet to a point on the west line of said East 97 Rods and there terminating. Together with a temporary construction easement, which shall expire on June 30 , 1986 , across that part of the Northwest Fractional Quarter (NW Frl. 1/4 ) of Section 6 , Township 83 North, Range 23 West of the 5th P.M. , that lies West of the East 97 Rods of the said Northwest Fractional Quarter, and is bounded by a line thirty ( 30 ) feet on the West and BOOK PAGES_ Southwesterly sides and is bounded by a line ten (10) feet on the East and Northeasterly sides of the following described line: Commencing at the Northwest corner of the East 97 Rods of the Northwest Fractional Quarter of said Section 6; thence South 00 degrees 06 minutes 00 seconds West, along the west line of said East 97 Rods, a distance of 370. 00 feet; thence South 90 degrees 00 minutes 00 seconds West 10. 00 feet to the True Point of Beginning of the line to be described; thence South 00 degrees 06 minutes 00 seconds West 1080. 50 feet; thence South 22 degrees 24 minutes 00 seconds East 26. 13 feet to a point on the west line of said East 97 Rods and there terminating. Subject to easements of record. The grant of easement herein contained shall also include the right of GRANTEE to have reasonable access to said strip of land across the property of GRANTOR adjacent thereto, said access to be designated by GRANTOR within a reasonable time upon request of GRANTEE. GRANTOR excepts from this easement and reserves unto itself, its successors and assigns, the right to install, construct, repair and maintain certain facilities , including but not limited to roads , process lines, conduits, drain pipes and utility lines or pipe lines of every kind whatever, over, under and across such easement including the right to grant easements to any and all other public utilities to install, construct, repair and maintain such utility lines , provided only that such facilities do not unreasonably interfere with GRANTEE' s use and enjoyment of the easement granted hereby; GRANTOR further reserves unto itself, its successors and assigns , the right to fully use and enjoy the said premises, except for the easement - 2 - BOOK ..:_PAGE herein granted to GRANTEE. GRANTOR agrees that it shall not erect any structures, or other objects, permanent or temporary, except fences or parking areas, on said parcels of land, without the prior written approval of GRANTEE. GRANTEE for itself, its successors and assigns , covenants that it will pay the reasonable value of any physical damage done to the property of GRANTOR, its successors and assigns, arising at any time out of the exercise by it of the rights herein granted. GRANTEE agrees to indemnify and hold GRANTOR harmless from any and all liability for damages, costs , losses and expenses, for all injuries or death and all damage to any and all property, by whomsoever owned , resulting from, arising out of or in any way connected with GRANTEE's use of the aforesaid premises for the aforesaid purposes. GRANTEE agrees to relocate, at GRANTOR' s cost and expense, the facilities located upon this easement to such other location on GRANTOR' s property as GRANTOR in its discretion may require, and GRANTOR agrees to give to GRANTEE a new easement covering the relocated tracts, which said new easement shall be in accordance with the terms and provisions of this easement. In the event the said facilities situate upon this easement shall at any future time be abandoned or cease to be used, the easement hereby granted shall automatically and ipso facto cease and determine as though this easement had never been granted, 3 - BOOK PAGE r « w and GRANTEE shall , at its own cost and expense, remove from said premises its property and said facilities and shall thereupon surrender and deliver possession of said premises to GRANTOR, its successors and assigns. The rights granted hereunder are subject to any easements, rights of ways and encumbrances of any kind or nature whatsoever now existing upon, over or across the property as described. IN WITNESS WHEREOF, Minnesota Mining and Manufacturing Company has caused this instrument to be executed by its duly authorized officials, this 21st day of June , 1985. 4 MINNESOTA MINING AND MANUFACTURING COMPANY �s $ _ �` y Vice P esid nt « By ssistan )Secretary STATE OF MINNESOTA ) COUNTY OF RAMSEY } On this 21st day of June , 1985 , before me, a Notary Public within and for said County, personally appeared G. G. Mueller and JoAnn Bohne to me known, who being by me duly sworn, did say that they are the Vice President and Assistant Secretary, respectively, of Minnesota Mining and Manufacturing Company named in the foregoing instrument and that the seal affixed to said instrument is the corporate seal of said corporation, and that said instrument was signed and sealed in behalf of said corporation by authority of its Board of Directors, and said G. G. Mueller and JoAnn Bohne acknowledged said instrument to be the free act and deed of said corpora on. r Nota y Public c` $J a R09EAtvn C,DAVID i 4 Alor/4av PUBLIC_ RAr���r cou�Ty sora - 4 - y Expires Aug.11,,gas BOOK. .�.=.._PAGE ..g r i WATER MAIN EASEMENT PLAT City of Ames, Iowa — Engineering Department Date Owner : MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation organized and existing under the taws of the State of Delaware . N N.W. CORNER OF THE EAST 97 RODS OF THE N.W. FRG. 07R.—SEC. 6-T83N-R23W. E. /3TH STREET (E-W LINE) O R.O.W. LINE h Pow OF BEGINNING E-W PROP. L INE OF 8"DIA. WATER MAIN NO SCALE /0' /0' 3M 3 25 PROPERTY o , 5, h O PERMANENT /O' WIDE EASEMENT o � ADDITIONAL EASEMENT FOR PURPOSE OF INITIAL CONSTRUCTION ONLY. (✓UNE 30, 1986—EXPIRATION 1 S 22024'00"E '�—POINT OF ENDING CAGO @ NORTH WESTERN R.R. Description : see attachments. k e. Recorded Book Page PAGE._!._5. 9 Date � r �, a 1r `Y`^` V •� 4' C7 � � ..a ap r � .; s� �� + �_ �:- � �,., �� � � �-�: � �� r� _.... � �� � �b