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HomeMy WebLinkAboutA006 - Utility Easement dated october 11, 1989 F UTILITY RIGHT OF WAY PERMIT AND EASEMENT PARTNERSHIP INDEPENDENT PRESS, INC. , 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 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 mobile equipment and vehicles, together with the right to extend to telephone, telegraph, television, electric or power companies, or a company, 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: INST.NO. 0z' 6i50w south 180 feet of the vacated north and south alley in STORY COUNTY, �lock 9, Original Town of Ames, Iowa, more particularly IFILBD FOR RECORD described as follows: Beginning at the southeast corner of S3Lot 6, block 9, Original Town of Ames, Iowa, thence north 180 Alit' OCT 12 1989 Meet to the southeast corner of Lot 9, said Block 9, thence east 16 feet to the southwest corner of Lot 2, said Block 9, SUM LVAMKAIMIP,R=r ence south 180 feet to the southwest corner of Lot 7, vords Subdivision to Ames, Iowa, thence west 16 feet to the Recording Fee$ nt of beginning. All in Block 9, Original Town of Ames, Auditor's Fee$ e+^ry County, Iowa. Containing 0.066 acres. It is further promised by grantor that there shall be no construction or erection of any building or structure on the described land. Furthermore there shall be no new construction of any structure at any other place where any part of such structure will be closer to the said wires conduits and cables that are now installed in the described easement area, than is allowed by the National Electric Safety Code, ANSIC-2. Fences and materials storage is permitted, but removal will be prompt on request of the grantee for exercise of rights herein stated, and if not removed as reasonably requested, the grantee may cause the necessary removal at grantor' s expense. 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, but the City of Ames shall have no obligation to restore or compensate for the removal of fences, materials, structures or other obstructions to the exercise of the easement right herein granted. Witness our hands this day of 0Or'J �efC_ PARTNERSHIP INDEPENDENT PRESS, INC. (President Secret BOOK■r&-:�PAGE�L..�.� t State of Iowa, Coun of Story, ss. On this % � .._ day of A. . 19�, before me, a Notary, personally appeared and to me personally known, w o being by me duly sworn, did say that they are the President and Secretary respectively of the corporation executing the foregoing instrument; that (no seal has been procured by)(44e -- seal- affixed thereto is the sea-4---of-) the corporation; that the instrument was signed (a4d—&eaa-ed) on behalf of t corporation by authority of its Board of Directors; that � cz ,and _ acknowledged the execution of th instrument to be the voluntary act and deed of the corporation, voluntarily executed. Notary in an for Iowa (;WCY A D10Ni61 K•a�;;,,.11SSIQN PIKES 'OWP WOK_2f-6.PAGE� rs �. ' �,, w � 'N �