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HomeMy WebLinkAbout~Master - Water Main - Miller - 603 Crystal Street InstruMent:2014- 00002026 Date:Mar 240014 10:36:24A D Rec Fee: 15.00 E-CoM Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Countst Iowa Susan L. Vande Kamar County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Clapsaddle-Garber Associates,Inc., 16 East Main St.,POB 754,Marshalltown,IA 50158;641-752-6701 ;Re+vrn TO: Clapsaddle-Garber Associates Inc., 16 East Main St. POB 754 Marshalltown,IA 50158 PERMANENT EASEMENT TO CONSTRUCT AND MAINTAIN WATER MAIN Grantor: Jerry J. Miller and Judy A. Miller 603 Crystal St. Ames, IA 50010 Grantee: City of Ames, Iowa 515 Clark Ave. Ames, IA 50010 Legal Description: A parcel located in Lot 19, Country Gables Ninth Addition, Ames, Story County, Iowa. More particularly described as follows: Beginning at the Southwest corner of said Lot 19; thence, NO°36'13"E 130.09' along the West line of said Lot 19 to the Northwest corner of said Lot 19; thence, S89021'09"E 10.98' along the North line of said Lot 19; thence, S0022'08"W, 39.69' thence, N89037'52"W 5.00'; thence S0022'08"W 70.70'; thence S89037'52"E 5.00'; thence, SO°22'08"W 19.68' to the South line of said Lot 19; thence, N89030'13"W 11.46' along the South line of said Lot 19 to the point of beginning. Parcel 2 contains 1,103 square feet. This easement is given in fulfillment of that certain agreement dated September 10, 2013, and recorded in the Story County Recorder's Office on October 1, 2013, in Instrument #2013- 00011741, except those terms that survive the execution of this document. Prepared by Clapsaddle-Garber Associates, Inc. 16 E Main St., POB 754, Marshalltown, IA 50158, Phone 641 752-6701 When recorded, please return to Clapsaddle-Garber Associates, at above address PERMANENT EASEMENT TO CONSTRUCT AND MAINTAIN WATER MAIN For the consideration of Three Thousand Five Hundred and no/100-----($3,500.00)-----Dollars and other valuable consideration in hand paid by the City of Ames,Iowa,Jerry J.Miller and Judy A.Miller,husband and wife do hereby grant to the City of Ames, Iowa a permanent easement to construct and maintain water main in, to, on, over and across real estate in Story County, Iowa: THE EASEMENT GRANTED TO CONSTRUCT AND MAINTAIN WATER MAIN IS TO LAND DESCRIBED AS FOLLOWS: A PARCEL LOCATED IN LOT 19, COUNTRY GABLES NINTH ADDITION, AMES, STORY COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 19;THENCE,NO°36'13"E 130.09' ALONG THE WEST LINE OF SAID LOT 19 TO THE NORTHWEST CORNER OF SAID LOT 19;THENCE,S89°21'09"E 10.93'ALONG THE NORTH LINE OF SAID LOT 19; THENCE, SO°22'08"W 39.69' THENCE, N89°37'52"W 5.00% THENCE, SO°22'08"W 70.70%THENCE,S89°37'52"E 5.00%THENCE,SO°22'08"W 19.68'TO THE SOUTH LINE OF SAID LOT 19; THENCE, N89030'13"W 11.46' ALONG THE SOUTH LINE OF SAID LOT 19 TO THE POINT OF BEGINNING. PARCEL 2 CONTAINS 1,103 SQUARE FEET. This easement is given in fulfillment of that certain agreement dated September 10, 2013, and recorded in the Story County Recorder's Office on October 1, 2013, in Instrument#2013-00011741, except those terms that survive the execution of this document. The additional amount of$70.00, as agreed to in the aforesaid agreement, is paid as severance damages to the remaining property and is not subject to real estate transfer tax. This easement and transfer is exempt from transfer tax. Iowa Code Sec. 428A.2(17). This easement is being acquired for public purposes through eminent domain and a Declaration of Value is not required. Iowa Code Sec. 428A.1. Grantors do hereby covenant with grantees,and successors in interest,that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate;that the real estate is free and clear of all liens and encumbrances except as may be above stated;and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive share in and to the easement. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated I -- , 20 A (SIGN IN INK) X Je6 J. Mil1W Judy A. Millgr pie 2. Water Main Extension, Project No. Stanley 21784.02, Miller (Parcel 2) s � e Prepared by Clapsaddle-Garber Associates, Inc. 16 E Main St., POB 754, Marshalltown, IA 50158, Phone 641 752-6701 When recorded, please return to Clapsaddle-Garber Associates, at above address Page 2 ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _ X1 INDIVIDUAL STATE OF �yro� } / _CORPORATE COUNTY OF 40' } ss: Title(s)of Corporate Officer(s): On this q0A day of aMaa A.D. 20Zt before me, the undersigned,a Notary Public in and fo•said State,personally appeared _Corporate Seal is affixed �crv'v-4. Ail 0 a,r Mt _No Corporate Seal procured to me personally k own _PARTNER(s):_Limited Partnership or proved to me on the basis of satisfactory evidence _General Partnership to be the person(s) whose name(s)is/are subscribed to the within instrument and _ATTORNEY-IN-FACT acknowledged to me that he/she/they executed the same in his/her/their authorized _GUARDIAN(s) or TRUSERVA ca acit ies ,and that b his/her/their signature(s)on the instrument the erson s , —OTHER:AN(s)or CONSERVATOR(s) p Y( ) y p O OTHER: or the entity upon behalf of which the persons)acted,executed the instrument. — SIGNER IS REPRESENTING: (NOTARY SEAL) � (Sign in Ink) List name(s)of person(s)or entity(ies)' (Print/Type Name) Notary Public in&nd for he State of —'Q5,wc, aN'A 00, so Water Main Extension, Project No. Stanley 21784.02, Miller (Parcel 2)