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
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o AM LIAR 17 1989 PW
SUSAN L VANDE K,AMP,Reurder
MINNESOTA MINING AND MANUFACTURING COMPANY, a corpoQrgkv�a, --;Z5'CV
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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
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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
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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,
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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.
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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
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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)
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R.O.W. LINE
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Pow OF BEGINNING
E-W PROP. L INE
OF 8"DIA. WATER MAIN NO SCALE
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3M 3 25
PROPERTY o , 5,
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O PERMANENT /O' WIDE EASEMENT
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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.
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