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HomeMy WebLinkAboutA003 - Utility Easement dated May 17, 1983 UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS That David C. Eness and Deborah Jean Eness, husband and wife; Grantors, of Story County, Iowa, do hereby grant and convey unto the City of Ames, Iowa, their licensees, successors and assigns, Grantees, for One Dollar ($1. 00) and other good and valuable considerations,' receipt of which is hereby acknow- ledged, a utility easement. for the installation, maintenance, repair, alteration, inspection, and replacement of utility service lines including, but not limited to, water, sewer, electricity, and telephone and other attachments and incidental equipment thereon and appurtenance over, on, and across the following-described premises belonging to said grantors in Story County, Iowa, to-wit: Lot 1 The North 10. 0 ft. of that part of Lot 1, Eugene Eness Subdivision in 'the SW)4,, NWP4, Section 32, T84N, R24W of the 5th, P.M. , Story County, Iowa that lies East of. the right-of-way line of the County Road. The westerly 10. 0 ft. of. that part of Lot 1, Eugene Eness Subdivision in the SW4, NW4, Section 32, T84N, R24W of the 5th P.M. , Story County, Iowa that lies East of the right-of-way line of the County Road. Note: Bearings used in the above descriptions to -indicate dir- ections_ for lines are based on the - -- -- - --- --- - assumption that the West line of_ s ,-the NWX4,_ Section - 32 is 'a N-S line. This easement includes all rights of ingress and egress necessary for the full and complete use, occupancy, and enjoy- ment of the easement hereunto granted and all rights and privileges incidental thereto, to remove constructions which may injure or interfere with grantees' use, occupancy or enjoy- ment of this easement and the operation, maintenance, and repair of said distribution systems, except trees established on the land at the time of the plat, which shall be worked around and not removed or damaged. :EN&DEPPE. P.C. ORNEYS AT LAW - BROAD STREET CITY. IOWA 50248 ONE 515-733-4377 t t -2- Provided, however, the foregoing right is granted upon the express condition that grantees will assume liability for all damage to the above-described property caused by the failure to use due care in the exercise of the rights granted hereunder. IN WITNESS WHEREOF, said David C. Eness and Deborah Jean Eness have caused this instrument to be duly executed on this v day of , 1983. David C. Eness By Deborah Jean Eness per Power of Attorney Deborah Jean E ess STATE OF IOWA SS COUNTY OF STORY On this day of ' , 1983, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Davig C. Eness by Deborah Jean Eness per Power of Attorney and Deborah Jean Eness, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntar act and deed. T L Notary Public • i and fqjr I-owa.. X�j - �1� �rS•i•(,iJy,1!Lil:,`:;:R;t.Yrl1E.S a >.5111 ;r jff :KEN&DEPPE.P.C. -TORNEYS AT LAW 13 BROAD STREET Y CITY. IOWA 50248 'HONE 515-733-4377