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HomeMy WebLinkAboutA006 - Water Utility Easement dated July 30, 1999 4 99 - 12265 INST.NO. � STORY COUNTY, IOWA � FILED FOR RECORD Z� SEP p 7 1999 PM SUSAN L.VANDE KAMP, U Raootder S � A XOR"S FEE i�'�' ' WATER UTILITY EASEKWr KNOW ALL PERSONS BY THESE PRESENTS: That Doolittle Oil Company, Inc. (hereinafter called "Grantor") , do hereby convey unto the City of Ames, a municipal corporation, (hereinafter called "Jurisdiction") a perpetual Easement for Water Line Right-of-Way under, over, through and across the following described real estate: The West 10' of Lot No. 1 and the East 10' of Lot No. 2 of the Doolittle Subdivision. (hereinafter called "Easement Area") for the purpose of the Jurisdiction constructing, reconstructing, repairing, enlarging and maintaining a Water Line, together with necessary appurtenances thereto, under, over, through, and across said Easement Area.. This Easement shall be subject to the following terms and conditions: 1. ERECTION OF_ STRUCTURES P_RO_H1C_B_IT_E_D. Grantor shall not erect any landscaping or structure over or within the Easement Area without obtaining the prior written approval of the Jurisdictional Engineer. 2. CHANGE O_F GRADE P_R_O_H_IB_I_TE_D_._ Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the Jurisdictional Engineer. 3. RIGHT O_FACCESS. The Jurisdiction shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area as herein described, including but not limited to, the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area. 4. EASEIMU RUNS WITH LAND. This Easement shall be deemed to run with the ------------------------- land and shall be binding on Grantor and on Grantor's successors and assigns. 5. APPROVAL BY THE JURISDICTION., This Easement shall not be binding until it has received the final approval and acceptance by the Jurisdiction. V Grantor does HEREBY COVENANT WITH THE Jurisdiction that Grantor holds said real estate described in the Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenant to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by- this Easement. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Signed this .--day of -� /y , 1999. 99 1 22 65 STATE OF IOWA, COUNTY OF --------------------------' ss On this 3 _ day of � , 1999, before me the undersigned, a Notary Public sn in and for the State of Iowa, personally appeared ------------------------------------------------------------------------------- to me }mown to be the identical persons named in and who executed the same as their voluntary act and deed. o'"`s� JUDITH MALAISE NOTARY OF PUBLIC ,oW r MY TERM EXPIRES of PJotary Public in and for _ _ ___ County, Iowa I, a,,... D.so�,Trt_--- do hereby certify that -------------- t ewithin and foregoing Easement was duly approved and accepted by the CDC./;7r�_o_O-c i c.o_ by Resolution and Roll Call No. --------- o , passed on the 3 day of __Z7-f _ _ 1999, and this certificate is made pursuant to authority contain d in said Resolution. Signed this -30_ day of �- �-_____, 1999. Authorized Sig ure of 99 122 65 � 3�