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HomeMy WebLinkAboutA009 - Water Line Easement dated July 16, 1999 INST.NO. 99- 11899 STORY COUNTY,IOWA FILED FOR RECORD AUG 3 0 1999 PM c SUSAN L.VANDE KAMP,Recorder H RECORDING FEE ti AUDITOR'S FEE$ Prepared by and return to: Lawrence E. Myers, Nyemaster Law Firm, 700 Walnut, Suite 1600, Des Moines, Iowa (515) 283-3132 WATER LINE EASEMENT The undersigned property owner (hereinafter called "Grantor") , for good and valuable consideration, the receipt. and sufficiency of which is hereby acknowledged, does hereby grant, sell. and convey unto the CITY OF AMES, IOWA, a municipal corporation (hereinafter called "City") , a perpetual easement and right-of-way upon the real estate described in Exhibit A, attached hereto and incorporated herein by this reference (hereinafter called "Easement Area") , for the purpose of the City installing, operating, repairing, and maintaining a Water Line, together with the right of access to the Easement Area reasonably necessary for the use and enjoyment of the Easement Area as herein described, subject to the condition that upon exercising its rights hereunder, the City shall restore the Easement Area as nearly as possible to the condition existing prior to such exercise. Grantor specifically reserves unto itself, its successors and assigns, all use of the Easement Area, except as specifically conveyed herein, not inconsistent with the City' s use of such Easement Area. Without limiting the generality of the foregoing, Grantor specifically reserves the right to construct, repair and maintain driveways, parking areas, landscaping and signs, all on and over the surface area of the Easement Area. Dated this 16 day of July 1999 . GRAND JUNCTION, L.C. By: Hubbell Realty Company, Managing Member ame James W. Hubbell III Titl President STATE OF IOWA ) ss . COUNTY OF POLK ) On this day of 1999, before me, the undersigned, a Notary Pub /ic, in ' and- for the State of Iowa, personally appeared� of d ��1LL , to me personally known, who being by• m dulsworn did say that that person is '� Hubbell Realty Company, Managing Member of said Grand Junction, L.C. , that no seal has been procured by the said corporation; that said instrument was signed on behalf of the said Grand Junction, L.C. by authority of its managers; and the said gjjj=- acknowledged the execution of said instrVftnent to be the voluntary act and deed of the corporation and limited liability company, by them and by him voluntarily executed. Notary Public in and for t State of Iowa ACCEPTANCE BY CITY CARLA R.WENSEL jfj%j WCOMMISSION EXPIRES STATE OF I OWA ) o . March 2e,2000 ss : COUNTY OF 5T-0 C-t ) I, DA 'J E -R • y OSS City Clerk of the City of Ames, Iowa, do hereby certify that the within and foregoing Easement was duly approved and accepted by the City Council of said City of Ames by Resolution No. qq-3b20 , passed on the Q-L[ i day of 1999, and this certificate is made pursuant to auth&kity contained in said Resolution. Signed this e'2 day of y� �Tl i 1999 .: c t, City Clerk of Ames;• 2 EXHIBIT A Legal Description of Water Line Easement A strip of land 10 feet wide located across that part of Lot 1 of the Grand Junction Subdivision of the SW1/4 of the SW1/4 of Section 2 , T83N, R24W of the 5th P.M. in the City of Ames, Story County, Iowa. Said strip of land is centered upon and runs the length of a line described as follows: Commencing at the Southwest Quarter of said Section 2 ; thence S90°00 - 00--E, 98 . 06 feet along the south line of the Southwest Quarter of said Section 2; thence N00000110011E, 33 . 00 feet to the northerly right-of-way line of Lincoln Way; thence S90000100--E, 52 . 06 feet and the Point of Beginning; thence N0000010011E, 30 .37 feet; thence N67028 -20--E, 61.46 feet; thence N00000 - 00--E, 120 . 90 feet to the terminus point of said line. 3 99- 11899 3�