HomeMy WebLinkAboutA001 - Avigation Easement Conveyance . i
AVIGATION EASEMENT CONVEYA14CE
i
THIS AGREEMENT, made this day of ,
J. T. & S. DEVELOPMENT CO. , INC. and K. J.
1972 , by and between BARTELS , BERT CARNEY, T. B. HEGGEN
parties of the first part, and the CITY OF AMES , STORY COUNTY, IOWA,
a municipal corporation organized and existing under the laws of
I
the State of Iowa, party of the second part,
WITNESSETH: The parties of the first part, grantors , in
i
consideration of the sum of one dollar ($1. 00) and other good f
i
and valuable consideration, receipt of which is hereby acknowledged ,
and in consideration of grantors and the publics interest in pre
serving suitable air space routes to the Ames Municipal Airport,
does hereby grant, bargain, sell , and convey to the party of the
P
second part, grantee, its successors and assigns, the perpetual
right to use for purposes of aviation and avigation to and from
is
the Ames Municipal Airport, the air space existing above a height ;
and elevation of 134 City Datum (Elevation 957 . 5 USGS) at the
' South property line and sloping to a height and elevation of
158 City Datum (Elevation 981. 5 USGS) at the North property line i
of property described as :
Beginning at a point which is 244. 0 feet South and
75. 0 feet S. 89059130" W of the NE corner of the NW
1/4 of Sec. 14-T83N-R24W of the 5th P.M. , Story
County, Iowa; thence S 89059 ' 30" W, 1246. 7 feet;
thence S 0105' 30" W, 994. 2 feet to the North R.O.W.
line of U.S. Highway #30; thence N 72° 00110" E
1
along said North R.O.W. line, 104. 9 feet; thence
northeasterly along a 1066. 0 feet radius curve
concave to the North a distance of 434 . 5 feet;
l thence N 59131 ' E, 752. 4 feet; thence N 45° 55' E
162. 1 feet to the West R.O.W. line of U. S . Highway
` #69; thence West 267 feet; thence North 261. 4 feet;
thence East 242. 0 feet; thence North 67 . 0 feet to
is
the point of beginning, containing 19. 53 acres , more
or less.
AND }
Beginning on the North line of the NW 1/4 of Sec.
14-T83N-R24W of the 5th P.M. , Story County, Iowa,
at a point 615 feet West of the NE corner of said I
NW 1/4 , thence South 247 feet; thence West 706. 7
i feet to the West line of the NE 1/4 of the NW 1/4 ,
thence North 250. 4 feet to the NW corner of the
NE 1/4 of the NW 1/4 , thence East along the North
line of the NE 1/4 of the NW 1/4 706. 3 feet to
the point of beginning.
i
The grantee shall have the right of ingress and egress
i
from the above described air space, the right to use said air �.
i
-2-
space as a route of approach and departure to and from the Ames
Municipal Airport, and the right to direct and advise any and
all others to use said air space as a route of approach and
departure to and from the Ames Municipal Airport. Grantors
covenant and agree not to construct or erect , or cause or permit
any other to construct or erect any object encroaching upon said
air space and any object so encroaching may be removed by grantee
at grantors ' expense.
i
i; The grantors , their heirs , successors or assigns , may use
`. and enjoy the land under said air space, provided said use shall
not interfere with or endanger the grantee' s use of said air
space. Grantors covenant not to bring any suit. against grantee
in any court of this state, any other state, or of the United
l '
States because of grantee' s use of said air space , and grantors
,? 1
further covenant and agree to hold grantee harmless from any and
all claims and liability whatsoever for damages or injury to
persons on grantors' premises resulting from or arising out of
1
I grantee' s use of the aforesaid air space.
i
This easement conveyance shall run with the land and shall '
be binding upon the grantors, their heirs , successors or assigns ,
to have and to hold the same, .together with all appurtenances ,
} rights and immunities thereunto belonging or in anyway appertaining
unto the said City of Ames, an Iowa Municipal Corporation, and
unto its successors and assigns , forever.
'( IN WITNESS WHEREOF, the parties hereto have caused their
authorized officers to set their hands and seal all as of this
I
1, date first above written.
PARTIES OF THE FIRST PART
�i
,r t
J. T. & S . DEVELOPMENT CO. , INC.
BY
t P IDENT SE RY
r:
i
J. BARTELS
f
BERT C RNEY� j
is
T HEGGEN
is
y
-3-
PARTY OF THE SECOND PART
i
CITY OF AMES, IOWA
i
BY
MAYOR
i
- ATTEST: '
CITY CLERK '
i
f
STATE OF IOWA )
SS.
COUNTY OF STORY ) i
t
On this 27th day of November 1972 , before me, 1
a notary public in and for Story County, Iowa, personally appeared
K. J. Bartels , Bert Carney, and T. B. Heggen personally known to i
me to be the identical persons named in and who executed the
foregoing instrument and acknowledged the same to be their
voluntary act and deed.
Notary Public in and or said county }
STATE OF IOWA ) j
SS.
COUNTY OF STORY )
i
On this 27th day of November 1972 , before the j
undersigned, a Notary Public in and for said county and state,
personally appeared T. B. Heggen President, ad
n
Richard T. Johnson Secretary, of the J. T . & S . Development
Company, Inc. , who being to me known to be the identical persons f
who signed the foregoing instrument and by me being duly sworn,
each for himself, did say that they are respectively the
President and Secretary of said J. T. & S. Development Company,
Inc. and that by auftrity of its Board of Directors each of them i
acknowledged the execution of said instrument to be the voluntary ;
act and deed of said J. T . & S . Development Company, Inc. by it
and each of them voluntarily executed.
In witness whereof, I have hereunto set my hand and seal j
the day and year last above written.
Notary Public in and or said county
i
I
i
i
i
i
t
i