HomeMy WebLinkAboutA005 - Utility Easement dated December 29, 1992 01 M I cur ivwA 07824
Story County f' INST.NO.
�r. Entered f r taxation this2 STORY COUNTY IOWA
d D.18 FILED FOR RECORD 3y
f DEC 2 91992 PM 17Z
o County Auditor �(��.,,���
UTILITY EASE SAN L.VANDE iCAMP,Record r
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KNOW ALL PERSONS BY THIS INSTRUMENT: t SOUTH DUFF
DEVELOPMENT PARTNERSHIP, an Iowa General Partnership, in con-
sideration -of One Dollar and other good and valuable consid-
eration, does hereby grant unto the CITY OF AMES, IOWA, a
municipal corporation , its successors and assigns ,
hereinafter referred to as GRANTEE, upon the conditions
hereinafter recited, the perpetual right to enter upon the
land hereinafter described for the purposes of this easement
and the perpetual right to construct, reconstruct, cover
over, clean up, operate, use, maintain and repair electric
lines, consisting of poles, wires, cables, conduits, fix-
tures, anchors and other equipment required for the transmis-
sion of electricity over, upon, across and under the follow-
ing described real estate, situated in the County of Story,
State of Iowa, all of said real estate being situated within
SECOND ADDITION TO SOUTHWOOD SUBDIVISION OF AMES, IOWA, to-
wit::
The West 9.5 feet of Lot 1;
The South 9.5 feet of Lot 1;
The East 9.5 feet of Lot 1; and
That part of the North 10 feet of Lot 1, which is
adjacent to the South line of Lot 10, Block 2 ,
First Addition to Southwood Subdivision of Ames,
Iowa.
SOUTH DUFF DEVELOPMENT PARTNERSHIP, an Iowa General
Partnership, does further hereby grant unto the CITY OF AMES,
IOWA, a municipal corporation, its successors and assigns,
hereinafter referred to as GRANTEE, upon the conditions
hereinafter recited, the perpetual right to enter upon the
land hereinafter described for the purposes of this easement
and the perpetual right to construct, reconstruct, cover
over, clean, up, operate, use, maintain and repair a bicycle
path over, . upon, across and under the following described
real estate, situated in the County of Story, State of Iowa,
all of said real estate being situated within SECOND ADDITION
TO SOUTHWOOD SUBDIVISION OF AMES, IOWA, to-wit:
The South 9.5 feet of Lot 1.
SOUTH DUFF DEVELOPMENT PARTNERSHIP, an Iowa General
Partnership, does further hereby reaffirm the existing 20 '
sanitary sewer easement in favor of the CITY OF AMES, IOWA,
across LOT 1, SECOND ADDITION TO SOUTHWOOD SUBDIVISION OF
BOOK a.._ T- n PAGE�
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AMES, IOWA, as the same is shown on the final plat of said
subdivision.
The foregoing rights are granted by the undersigned and
shall be accepted and exercised by Grantee subject to the
following terms and conditions:
1. Grantee shall assume responsibility for all damage
to the above described real estate caused by its failure to
use due care in the exercise of the rights granted herein.
2 . Grantee shall have the right to trim or remove trees
within the aforesaid easement areas where necessary to secure
a clearance of four feet from wires or poles.
3. Grantee shall have the right to extend to any tele-
phone, telegraph, electric power, . gas or cable television
company the right to use jointly or separately with Grantee
the aforesaid easement areas for the purposes above
enumerated.
Dated this 7-f day of C ez Yet�46,joo , 1992 .
SOUTH DUFF DEVELOPMENT PARTNERSHIP
BY:
DOU S . PYLE, Partner
STATE OF IOWA, COUNTY OF STORY, SS:
On �)gpee hft Z9 , 1992, before me, the undersigned, a
Notary Public in and for said state, personally appeared
DOUGLAS G. PYLE to me personally known, who being by me duly
sworn, did say that the person is one of the partners of
SOUTH DUFF DEVELOPMENT PARTNERSHIP, an Iowa General Partner-
ship, and that the instrument was signed on behalf of the
partnership by authority of the partners and the partner ack-
nowledged the execution to be the voluntary act and deed of
the partnership by it and by the partner voluntarily ex-
ecuted.
• sD FRANK t 6,.JON Notary 1 is
vJY M SS10h p,ON
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