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Home My WebLink AboutA003 - Easement dated September 13, 1988 F ' 5.®D G FM $r� EASEMENT For and in consideration of the sum of one dollar, and other valuable consideration, the receipt of which is hereby acknowledged, the undersigned, its successors and assigns, (hereinafter called "Grantor") , do hereby grant to the City of Ames, Iowa, a Municipal Corporation, its successors and assigns, (Hereinafter called "Grantee") , an easement to construct, maintain and operate electrical transmission lines, poles, structures, wires, and other necessary equipment incident thereto, upon, over, under, along and across certain real estate described below together with the right to enter upon said real estate for the purpose of constructing, maintaining, or removing said lines and the right to trim or remove with reasonable care, trees as may interfere with the proper maintenance and operation thereof, and any tree hereafter planted thereon, and the right to remove from the strip of land specifically described below, any obstruction, -including buildings not built by permit and other structures which may interfere with the proper maintenance and operation of said lines. Grantor and Grantee also covenant that the present grade of ground level will not be changed. The said easement shall be over the land described as: Legal Description of Property: Part of the C. & N.W. Transportation Company Right-of-Way lying south of the South Track and West of Duff Avenue in the City of Ames, Story County, Iowa, described as follows: Beginning at the intersection of the Southerly right-of-way of said C. & N.W. Transportation Company with the Westerly right-of-way of Duff Avenue, City of Ames, Iowa; thence NO°-05/w, 85.63 feet along said westerly right-of-way of Duff Avenue to a point that is 50.0 feet southerly, measured at a right angle, from the centerline of said South Track; thence S760-43'-23"W, 308.14 feet along a line that is parallel with and 50.0 feet distant, measured at a right angle, southerly from the centerline of said South Track; thence SO°-051E, 48.98 feet to the southerly right-of-way line of said Transportation Company, said line also being the North line of Ames Grain and Coal Company Second Addition to the City of Ames, Iowa; thence N830-30' 40"E, 301.89 feet along said line to the point of beginning, containing 20,190 S. F. ( .4635 acres) . Easement Description: A strip of land 50 feet in width as long as it affects the above described property, beginning 25 feet on each side of a centerline that is described as follows: Beginning at a point on the West line of the above described proper- ty that is 45.7 feet South of the Northwest corner thereof; thence Northeasterly, 308 feet, more or less, to a point on the East line of said property that is 8.8 feet South of the Northeast corner thereof, and there terminating. All as shown on Exhibit "A" attached hereto and by this reference made part hereof. Encroachment on Easement An encroachment on the easement is hereby granted for construction of a building at a location described as: -- --_-- From the northwest corner of__si.i-d property- N-760.43 .E_apn.r_Q_x mately 125 ft to the point of beginning, thence East 28 feet, thence North 7 feet, thence East 32 feet thence south 33 feet, thence west 60 feet thence North 26 feet to the point of beginning. Said description outlines Building B as shown on Exhibit A. Said encroachment shall not exceed 3.11.5 elevation City datum. ONST.NO 02207 STORY COUMTY, IOWA (,�, FILED FOR RECORD JDAm S EP b 91988 VANDE KAMP 1 Ga0 PAGES SUSAN-L.RATT&t Rer4rder By I Deputy The Grantor, its successors and assigns, do hereby covenant and agree to indemnify and hold harmless the City of Ames, its officers and employees, against any loss or liability whatsoever, including attorney's fees, pertain- ing to any and all claims whatsoever made by any and all persons whomsoever, resulting from, arising out of, or occurring during; a) the construction, reconstruction, repair or remodeling of the said encroaching building, or any encroaching building, b) any work or activity of any kind on the roof of said building or buildings, c) any activity on the premises involving booms or other things that could reasonably be foreseen to come into contact with the Grantee's lines, whether overhead, underground, fallen, or placed on the ground. At any and all times other than the aforesaid, the Grantor, its succes- sors and assigns, covenants and agrees not to sue or to make or bring any claim or demand against the City of Ames, Iowa pertaining to any loss or liability whatsoever pertaining to or arising out of the said building en- croachment and the use and occupancy thereof by any tenants or invitees of the Grantor, its successors and assigns, or, any trespassers or interlopers drawing to the premises by reason of any use or occupancy of the premises made or permitted by the Grantor, its successors or assigns. The Grantor shall indemnify and save the City, its officers and employ- ees, harmless from any and all claims, liability or loss arising out of electrocution or other harm from electric transmission lines occurring to persons, on the premises that encroach on the easement as aforesaid. Dated this 13th day of September 19 88 CITY''`O IOWA DUFF CENTRE IMITED PARTNERSHIP 0� ri !•. 1 �l�� gY , , � t BY F dell-GGoodland, Mayor v De9f, Hunziker, Gen ral Partner d r h ° rip�itg3,: f ting City C rk 4,State`of,�Iowa, County of Story, ss On, his /5 day of � n y 19 before me, the undersigned, allotar Public in and for the State of Iowa, personally appeared F. Paul Y,,:,; Y pP Goodland and Nancy Dionigi, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council as contained in Resolution No. �a,0 passed on the 1 4e` day of S rd� , 199�'_, and that the said F. Paul Goodland and Nancy Dionigi, ackno4l { dgAd the execution of the instrument to be their voluntary act and deed..and , VooI44� tary act and deed of the corporation, by it voluntarily execut�i ; 3� r. Notary Public in and State ofIowa, County of Story ss• On this �� day of g , , 1988, before me the Notary Public in and for the S ate of Iowa, personally appeared DeanHunziker, _. to me__gers.onall--known., being by_ me duly sworn- did. say that. _the -person is a General Partner of Duff Centre, Limited Partnership, an Iowa limited partnership, executing the foregoing instrument, that the instrument was signed on behalf of the- limited partnership by authority of the limited partnership; and the general partner acknowledged the execution of the instru- ment to be the voluntary act and deed of the limited partnership, by it and by the general partner voluntarily executed. SUSM W.AHLERS I MY COMMISSION EXPIRES Notary Public in and for Iowa APPROVED A FO� 2 sx BOOK• PAGE._._ John R. l' q s City Attorney Cd• 50 <f0• LJFF CENTR �'ry , TRa�S. _`3 L7 B L7 I V 1 E3 I CD N .�. gag:1 N MN `� LEGAL DESCRIPTIO m- - • N Lots l through ?, inclusive, in Ames Grain and Coal Company Second V Addition, AND That part of the C. & N.W. Transportation Company Fix Pow•+ N o. right-of-way lying south of the South Track and West of Duff Avenue, C,f. -� d described as follows: Beginning at the 'intersection of the, Southerly Ery . _- __ { • 3 right-of-way of said C. & N.W. Transporrtation Company with the Westerly T' h right of=way of Duff Avenue; thence NO-05 W, 85.63 feet along-!said.'_ . � LO / 1,0 'wE«" _ - - _ �3' yQ westerly right=of-way of Duff Avenue'to;a point that Is 50.0 feef _ • • - - Q` _ EI. souther-1y,-measured at a rightangle, from the centerline of sat¢ South- �. °' op '-y Q E 3_�f_ Track; thence S76e43'23°W, 308.14 feet along a line that is paralle.] N.83. - - - - �' with and 50:0 feet distant , measured at a right angle, southerly from ;/W (.dam • . �- the center]ine of said South Track; thence S0105'E, 48.98 feet to the 7t2.72' ap i LUr southerly right-of-way line of said Transportation Company, said line also.being the north line of -Ames Grain and Coal Company Second Addition 1 . . . . . . . . . . . . ' •- to the City of Ames, Iowa; thence N83'30'401E, .301.89 feet along said • W line to the point of beginning, all in the City of Ames, Story -County, 8 59/ D9G S.F. Iowa. Parcel contains 59,096 S.F. (1.36 acres). AriH /8.0 CERTIFICATION: a� GD . N , . , , , •-,•; I hereby certify that this plat, map, survey or report was made by me or , N. under my direct personal supervision and that I am a duly Registered AO — I Via•uric Land Sur yor under the 1 of the State , %, . /72-4 Si`.,' Q` o ;s Robert L. St r. ! � R.L.S. #6586 ]- N l D - /80. Sls '� LAI Pape: STUM130 45SOC 4TES L6 D SLRVEV/Akj 1 Pt, i M - P.O.-Box 1664 Ames. Iowa 50010 Phone 233- 3689 Date: Drawn by: CX� m N INADMINlS7�AT1VE PLAT (� Q Checked by: "l I ED M DOTS �' 7� tgMeS �7RAIN AUG 26 1488 P.4,e �T !JF YiYW VANS. Co. scate:p_�� CITY OF AMES,IOWA ¢�o.e v � R,Q.fit/, W,6 5T OF DUFF' A ve-., DEFT.O,. IMV ING&HOUSING S - Z-B3-Z'�f Job no: n�oT you vo 7- OF �/l'JE S .IOWA . ✓�- 9�Q OZZ0 7 1LED� 19a� �P � �� 1 • 57 "fiD„Y r `7p a VYL es