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HomeMy WebLinkAboutA004 - Utility Easement dated May 17, 1983 : UTILITY EASEMENT KNOW ALL MEN BY THESE PRESENTS That Eugene Eness and Gerene B. 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 2 The westerly 10. 0 ft. of that part of Lot 2, Eugene Eness Subdivision in the SW4, NW4, Section 32, T84N, R24W of the 5th P.M. , Story County, Iowa that 1}es East of the right-of-way line of the County Road. A Strip of land 40. 0 ft. wide, consisting of 20 . 0 ft. on each side of the following described line: Commencing at a point on the North line of Eugene Eness Subdivision in the SWh, NW4, Section 32, T84N, R24W of the 5th P.M. , Story County, Iowa 430. 0 ft. west of the NE Cor. of said subdi- vision; thence S36044 ' 45"E, 273. 77 ft. to the South -----1--ine- of--Lot- 2- of---said Eugene Eness _Subdivis-ion..- Note: Bearings used in the above descriptions to indicate directions for lines are based on the assumption that the West line of the NW;, 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 :EN&DEPPE.P.C. ORNEYS AT LAW BROAD STREET CITY. IOWA 50248 ZONE 515-733-4377 p -t- on the land at the time of the plat, which shall be worked around and not removed or damaged. 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 Eugene Eness and Gerene B. Eness have caused this instrument to be duly executed on this day of 1983. Eugen Eness Gerene B. Eness 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 Eugene Eness and Gerene B. 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 th it voluntar act and deed Notary Publi in a for Iowa.. �-r'°ere:,',,;t-�-• ,.k. .. , - aar: - - 1 : Fi A9Y l ?;y j r S Oir1 E.,i ii ^n KEN&DEPPE. P.C. TORNEYS AT LAW 3 BROAD STREET CITY. IOWA 50248 HONE 515-733-4377