HomeMy WebLinkAboutA003 - Deed of Dedication DEED OF DEDICATION
OF
MINARD'S PLAT NO. 1
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, Joseph M. Minard and Ross D. Christensen, being
desirous of laying out and platting into lots the real estate described as
follows :
A part of the North Half (N!- ) of the Northwest Fractional Quarter
(NW Frl . 4) of Section Eighteen (18) , Township Eighty-three (83) North,
Range Twenty-three (23) West of the Sth P.M. , -in the City of Ames, Story
County, Iowa; lying northerly of the right-of-way of Primary Road No.
U. S. 30 and of Ramp "A" on the interchange of Primary Road No. U. S.
30 and of Interstate Route No. 35; described as follows :
Commencing at the Northwest (NW) Corner of the Northwest Quarter
(NW4) of Section Eighteen (18) , Township Eighty-three (83) North, Range
Twenty-three (23) West of the 5th P.M. , in the City of Ames, Story County,
Iowa; thence North 89015'55" East, Three Hundred Fifty (350.0) Feet along
the North line of the Northwest Quarter (NW-I,) of said Section Eighteen
(18) ; thence South 01044'28" East, Forty and One Hundredth (40.01) Feet
to the Point of Beginning; thence North 89015'55" East, Five Hundred
Ninety-nine and Twenty-nine Hundredths (599.29) Feet; thence South
00044' 05" East, Two Hundred Twenty-three and Six Hundredths (223.06)
Feet; thence South 84050' 29" West, Three Hundred Forty-five and Thirty-
six Hundredths (345.36) Feet along the northerly right-of-way of Rarnp
"A" on the interchange of Primary Road No. U. S. 30 and of Interstate
Route No. 35; to a point One Hundred Thirty (130) Feet normally distant
northerly from Station 1344+00 from the centerline of Primary Road No.
U. S. 30; thence South 85010'00" West, Two Hundred Twenty-nine and
Ninety-four Hundredths (229.94) Feet along the northerly right-of-way
of Primary Road No. U. S. 30; thence North 04050'00" West, Fifty (50)
Feet; thence South 85010' 00" West, Eighteen and Twenty-six Hundredths
(18.26) Feet; thence North 01044' 28" West, Two Hundred Seventeen and
Sixty HundredLhs (217.60) Feet to the Point of Beginning,
which land is described in the attached Certificate of Survey by F. R. Debe,
Professional Engineer and Land Surveyor, dated April 7, 1985, do by these
presents designate and set apart the aforesaid premises as a subdivision of
-the City of Ames, Story County, Iowa, to be hereafter called:
MINARD' S PLAT NO. 1,
all of which is with the free consent and in accordance with the desire of
Joseph M. Minard and Ross D. Christensen and the said Joseph M. Minard and
Ross D. Christensen do hereby desire and set apart for public use the streets
as shown upon the attached Plat.
BE IT ALSO KNOWN that the undersigned do hereby covenant and agree for
their successors and assigns, that each and all of the lots in the said sub-
division shall be and the same are hereby made subject to the following re-
strictions upon their use and occupancy as fully and effectively to all intents
and purposes as if the same were contained and set forth in each deed of con-
veyance or mortgage that the undersigned or their successors in interest may
hereafter make for any of said lots, and that such restrictions shall run with
thz 1-n-I � 1 Fh nach
lowing particulars, to-II it: y
1. The lots within said subdivision may be used for any purpose perinitted
by the zoning ordin,=nce of the City of Ames, Iowa.
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Page Two
2. For the mutual benefit of the undersigned, their successors in interest
in the ownership of any land in said subdivision, and of such public and private
corporation which may have occasion to serve, service, or supply any of said
land with water, sewer, gas, electricity, or communication services, the under-
signed hereby expressly and specifically reserve and establish permanent ease-
ments, as shown on said Plat, for the following purposes and uses :
(a) Any company or agency supplying electricity or communication ser-
vices in said subdivision shall have the right to construct, main-
tain, and operate permanent underground electric or communication
feeder service facilities under or over the areas designated on
said Plat for utility easements; and
(b) The City of Ames, Iowa, and any public utility company having a
franchise for the distribution and sale of gas in said City shall
have the right to construct and maintain sewer, water, and gas
service lines in, across, and along the areas designated on said
Plat for utility easements. The proprietors, agents, and workmen
of all such service corporations or agencies shall have the right
of reasonable access to their said services and installations for
the purpose of construction and maintenance of their lines and
equipment; and
(c) The City of Ames, Iowa, is granted a perpetual easement for
stormwater detention and drainage easements.
3. These covenants shall run with the land and shall be binding on all
parties and persons claiming under them for a period of twenty-one (21 ) years
from the date hereof, at which time said covenants shall be automatically
renewed and extended for successive periods of ten years unless by a vote of
the majority of the then owners of the lots in said subdivision it is agreed
to change them in whole or part; provided, however, that the easements, rights,
and privileges set out in Paragraph No. 2 above shall not be subject to change
at any time but shall be permanent.
4. If the undersigned, or their successors or assigns, shall violate or
attempt to violate any of the covenants or restrictions herein, it shall be
lawful for any other person or persons owning any other lot or portion thereof
in said subdivision to prosecute any proceedings at law or in equity against
the person or persons so violating or attempting to violate the same, and
either to prevent him or them from so doing or to recover damages for such
violation.
5. Invalidation of any one of these conditions or covenants, by judgment
or court order, shall in no way affect any other provisions hereof, all of which
shall remain in full force and effect.
Dated this Y, "day of ��� 1985.
s Joseph' , . Mi nard
4 1;
oss D. Chri stensen
a, l' T� fF IOWA )
:C,0U "•0F BLACK HAWK ) ss.
On this 1� day of �4 1985, before me, the undersigned,
a Notary Public in ana for the t e o Iowa, personally appeared Joseph M. Minard
and Ross D. Christensen, to me known to be the identical persons named in and who
executed the within and foregoing instrument and acknowledged that they executed
the same as their voluntary act and deed.
Notary Public in and for the State of Iowa
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