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HomeMy WebLinkAboutA025 - Agreement for Right of Way Permit and Easement dated August 7, 1962 1 Inst6 8152 x Fee $ 9,50 AGREEMENT FOP, FIGHT OF WAY PMNZI to SIuL;:a THIS AGR ";nx, ', madam= thi shay o f ��_ .i ,1962, ------*� between Harriet Ally ., sia gle, Cladys .€l Mcn Witter an Ito, 0,/. W. Witter, hus- band and wife, all c.£ Ames, Story County, Iowa, Dorothy Allen, single, of Peoria, Pe.rie ucrint,, Illinois, and Ruth Allen, single of Tucson, Pima � � { County, Arizona, hereinafter referred to as GRA14TORS; Erben A. Hunziker and Donald M. aurman, of Ames, Story County, Iowa, hereinafter referred to asStAtv°PEES,, and Oeorc Heald, of fines, Sfioz- y County, Iowa, hereinafter referred to as OPTION HOLDER, WITNTESSETH* EPUS the Grantors with the, consent of the Option Holder, have agreed to g; aiat Co the Grantees, subject to the conditions hereinafter specified, an easement for construction and maintenance of a sanitary 'cower lire over and across certain lan4s wunec by Grantors. For and in of e`re ritual promises and covenants he;;einswter contained i` is t:lcrzieote agreed by and betucan the parties her_to or iollow" 1. ,Grantors do hereby uraat unto the Grantees above named, their heirs and assigns, the, right to construct, reconstruct and maintain an u-nderground sanitary aawcr _y txi�, withLn the boundaries of the following described real estates Tel (10) feet oa cach side `f a line beginning is the South line o the Northwest Quarter (h'W4) of section 'Thirty-four (3=+), To,,nship Eighty- four (,"') North, Range 'Cwenty-four (24) West of the'5th P.M., Story County, Iowa, 940 feet + East Of the Southwest corner of tile 'Northwest Quarter (14iC,) of said Section Thirty-four (34), thence North, 490 25' East 556.6 feet, thence South 710 45' East 649.9 feet to the West R.O.W. line of C&,-. 1. ay.; thence orth 6511 44' East 67.5 feet; thence .5 feet on th-- Wusterl;y side and '10 feet on the restcrly side of a line South 270 19' East for a distance of 196 feet to the South line of the _rrthwee,t fIvarter (^ ly7 of said Section Thirty- fnur(3"') as shown on tine ;alai thereo; Lercra attach,- , mar:r i Exhibit "A" acid made a part of this agreement, 1AW c�GEfi G6 . i BOOK . ... PAGE PE 2, Grantees expressly agree to pay ,all initial costs and ex- penscs of construction of'said sanitary sewer line, as.,,=, all liability for darutges to Granters' property and tc, r=,.>d persons caused by t?ic° fail = Grantees, their a,ents, rantars of employ so to exercise du=_ ._a.< .n _sac, installation and maintenance of said sooer line, and to defend and save, hanaless the Granters, their vendees, successors and s, 1 assigns from, any clazca of suit third persons arising out of the use maxde of the easement granted as aforesaid; it bean, further understood and agreed between all parties hereto that at such time as Grantors, their ;rendees, successors or assigns shall desire to connect with such sanitary sewer they may do so upon reimbursement of Grantees for the costs of in- ! i ' stallation advanced by Grantees and, except for the fixed amount agreed upon bet:zeen the parties hereto as set forth in Paragraph "3" hereof, ' suei. costs shall be apportioned as set forth in the estimated figures contained in BNhibit 'A hereto attached, the exact amount of such, re- llbursements so apportioned to be determined at the time such connection is made, the t atio u ojda, hereln evt?o ho?cs art option to purchase so i much of said lands as are described as follows: 1't All that part of the Southeast Quarter of the ?Northwest Quarter of Section 34, Township Sao North, Range 24, West of the 5th P.M., lying West of the hest 'line of the,right { of-way of the Chicago and :northwestern Railway Company; j �[ eoaztainin„ 12 acres. Also the East IG acres of tine 'Southwest, Quarter of the 4 Northz �at Quarter of section 34, Township 84 North, Kane 24, West of the 5th F.M.; containing in all 22 acres. hereby e=prcsw?y Conserats to the grout of vai.d easement, and in the event i z, ;. successors or assigns stali. t:<ercise said option, he hereby assumes j i and agrees t dray to Grantees t'ne suntt of $6500.00, in full of all costs of ;ucli connection or ccalnOctigns as shall thereafter be made to the im- provements on any of.the lauds last above described, In the event all or said any.portion Of,"costs'shall have been paid by Grantors the Option bolder >rcay agrees, in the event of the exercise of said option, to promptly ianburse Grantors for all costs so paid, E;, qt-, 4. ''InstalIatioal of said sewer line shall be completed promptly across the lands T1est of the Chicago and Northwestern Railway right-of- i way and in no event later than June 1, 1963. All excavations in the in- � sealtiora and maintenance of said sewer line shall be bacxfliled, the surface oonpacted"and restored to its or pi aZ grade, and shall be at all times maintained against erosion. one construction of g . streets, alleys, drives and cther,,facilities over and across said sewer ILne and the lands adjacent thereto by Grantors, Option Holder or their snQcQssors and assigns shall be unrestricted, and construction of any reces-nary manhole: or acre s thereto ,t any point ;hall be without ex- pense to sa Grantors, '€ption Holder,their successors and assigns. S. The Grantee herein, its successors and assigns shall in- I ff �md reimburse Grantors and the Option Helder, their successors j and damages assigns for any and all sustained to S a properties located upon i t"#ie leads t avnrsed by said sewer line in any Wanner arising from the � r>e onstr1ctyon or ruaiatenance of said line at any time ;following install- ation thereof. " 6> The 1roJisions n,=cof shall be binding upon and enforceable by the hei s, eraecac,rrs, .nd,..i:a trator,, successors and assigns of any of thc; Parties to t cis t.itn ss onr i,,an s ti:a eay and date: first above appearing. "rben A, Hun-ikeraT Farm .t Allen nrald I. 'awur n Ruth Alien 0 '.Iauys Dorothy Allen { i Glady Allen Witter � 1: fz George Ileald -t.W. Witter C7I'3`ION VOIDER GRANTORS ETA OF 10IM, y Gilt.* Cp STORY ) On this day of fit; A. D. 1962, before me, Lhe ux;ders3;ncd, a Notary Eubilc aza andtior sai,i County, in said State, tl C no BOOK ZZ 1 TOOK ..,....1 _...PAGE v I personally appeared Srben A. Funziker and Donald M. Furman to me known to bc, t identical persons named in and who executed the within andfore- going instrument, and acknowledged that they executed the same as their voluntary act and deed. } Notary Public in and for Story County, Iowa STATE OF IOWA � j ) as. COUNTY OF STORY ) t On this ' day of leII , A.D. 1962, before me, toe undersigned, a Notary Public in and �or said County, in said State, is rsonally appeared George Heald to me known is be the identical person ' named in and who executed the within and foregoing instrument, and ack. nouledged that he executed the same as�hze voluntary act and deed. Notary Public in and for-Story Cotinty, Iowa STATE OF IOWA ) � t CCUtv'TY OF STORY } f on taxis ,� day of , A.D. 1962, before me, the undersigned, a Notary Public in ant for said County, in said State, k �( personally appeared Harriet Allen, Gladys Allen Witter and E. W. Witter, her husband, to me known to be the identical persons named in and who u executed the within and foregoing instrument, and acknowledged that they t executed the sane as their voluntary act,,and deed. jidotary1iin and far Story 06unty, Iotaa STyiTEVZ ss. COE. I Y 0" STOP"' ) 44, On this day of e C u : A.D. 1962, before me, the. undersigned, allotary Public in a d far said County, in said State, personally appeared Dorothy Allen to me known to be the identical person j j named in and who executed the within and foregoing instrument, and ack- nowledged that she executed the saRx�ia� her voluntary act and deed. € P7o t zy Pgb1i n and auntp, E t i 1 �71 STATE OF ARIZOM C©MMIly QP PIM 1 to his -' day of , A.D. 1962, 'before me, the under>agned, a ilat,ar., Public in and for said County, in said State j personal. o appeared Ruth Allen to c�cz e kno to be the identical person 'nrXXmed in and who executed the within and foregoing instrument, and ack- nowl�,-Jg d that she executed tine s=e as her voluntary act and deed.. Notary ru°z Lic in and for Pima County, Arizona btp CQ-nm °iom Expires hly� iggg �i E 3 �r > F i I 500K..�'. ..1 ,. AGc �, j , i ,K ....._ / , . . 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