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HomeMy WebLinkAboutA003 - Right-of-Way Permit and Easement dated March 11, 1974 RIGHT OF WAY PERMIT AND EASEMENT KNOW ALL MEN BY THESE PRESENTS: That we, Estate of Earl B. Spencer, Deceased, Hoffmann-La Roche Inc. , Hach Chemical Company and J T & S .Development Co. , for and in consideration of the sum of One Dollar, the receipt of which is hereby acknowledged, do hereby grant unto the City of Ames, Story County, Iowa, its successors and assigns , th perpetual right within the areas shown on the plat and hereinafter described, to construct, reconstruct, operate and maintain electric lines consisting of poles, wires, cables, conduits, fixtures, anchors and other similar equipment, and storm and sanitary sewer facilities, including the right to trim or remove trees within such areas where necessary to secure clearance from the wires or poles , together with the right to extend to any telephone, telegraph, electric or power company the right to use separately or jointly with the City the areas included in this easement for the purposes enumerated, over, upon, across or under the following described real estate situated in the City of Ames, Story County, Iowa, to-wit: --The West Five (5)- Feet of Lots 1 (adjacent- to Lot 2) , 6 and 8; The East Five (5) Feet of Lots 2, 5 and 7; The South Five (5) .Feet of Lots 5, 6, 7 and 8; The North Five (5) Feet of Lot 9; The West Ten (10) Feet of Lots 2 and 5; The East Ten (10) Feet of Lot 1 ; The North Ten (10) Feet of Lots 1 and 2; The South Twenty (20) Feet of Lot 1 ; The West Twenty (20) Feet of the East One Hundred Fifty-five (155) Feet of Lot 2; The West Ten (10) Feet of the East Two Hundred Sixty-nine (269) Feet of Lot 2; All that portion of the Southerly part of Lot 4 which lies below elevation 93.0 -(city datum) ; The East Ten (10) Feet .of the North Four Hundred Eighty-six and Seven-Tenths (486.7) Feet of Lot 4, ' (Adjacent to the West lines of Lots 5 and 9) ; BOOK.:l. _ 2 _ An easement in Lot 4 Twenty (20) Feet in width; the centerline of which is described a-s. commencing at the Northwest corner of Lot 5, thence South 486.7 Feet to the Point of Beginning; thence South 53.0 Feet; thence at an angle to the left of 300 a distance of 168 Feet to an existing storm sewer; An easement in Lot 4 Twenty (20) Feet in width the centerline of which is described as beginning at a point on the extreme easterly line of said Lot 4 which is 110 Feet South of the Northeast Corner thereof; thence West 550 Feet; thence at an angle to the left of 120 200 feet; The West Ten (10) Feet of the North One Hundred Fifty-six and Seven-tenths (156.7) Feet of Lot 9, all in Spencer's First Industrial Addition to City of Ames, Iowa. The foregoing right is granted upon the express condition that the City of Ames will assume liability for all damage to-. the above described property caused by said City' s failure to use due care in its exercise of the granted right. Witness our hands thi s 1\ day ofj�; ,�`. 1971. Estate of Earl B. Spencer, Deceased by : f t,f nr) 4 t _n j Jot n`B. S encer Earl S. Spencer CO-EXECUTORS Hoffmann-La Rochelnc. Y '(t 1 . X yI John H. Kelly �x Vice President by. . . �f„f�- • D. A. Seligman Asst. Secretary Hach Chemical Company by . . �/ - 3 - J T & S Development Co. by 5 z by . STATE OF IOWA ) SS COUNTY OF Black Hawk ) On this 30 day of November 9 A.D. 1973, before me, the undersigned, a Notary Public in and for the State of Iowa-, personally appeared John B. Spencer and Earl S. Spencer to me known to be the identical persons named in and .who executed the within and foregoing instruction, and acknowledged that they executed. the same as their- voluntary act and deed. Notary Pu lic` in and forte State " of (owa STATE OF NEW JERSEY ) SS COUNTY OF ESSEX ) On this 19th day of February A.D. 1974, before me, the undersigned, a Notary Public in and- for the State of. . . . . . personally appeared John H. K611y -and ' D. A. Seligman 9 tome personally known, who, being. by me duly sworn, did say that they are the Vice President and Assistant Secretary respectively, of Hoffmann-La RocheInc. executing the within and foregoing instrument, that Ha�sx� x , exbg�x�cht�) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said John H. Kelly and D. A. Seligman as such officers acknowledged the execution of said instrument to be. the voluntary act and deed of said corporation, by it and by them voluntarily executed- Notary. Publ i i n and for -the State. " of' T1ew Jersey r. L ROSE L. DU C ,1�.n,-�_.L1 _ - . NOTARY PG3,LIC c; N.E'01 t S,7j' My commis,cn EXPUcs-tan. 29, 1913 n rA1 I - 4 - STATE OF - ohlA ) SS COUNTY OF 5Tole � ) On this day of A1,671-Ck A.D. 197,4, before me, tile undersigned, a Notary Public in and for the State of personally appeared �c;-ar7k L, Zi.! ap, and 1g_,41117 to me personally known, who, being by me duly sworn, did say that they are the �/(fc?S r'cr and t1 cy//�_r7 respectively, of Hach Chemical Company executing the within and foregoing instrument, that �id) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said �a� . .�. p�� and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by. it and by them voluntarily executed. 2*P\AL 8m GEORGE H. CLARK, JR - ' • W COMMISSION EXPIRES Notary Publ ' in and for the tate- �oww SEPTEMBER30,1977 of �Z"�vJcj STATE OF j�414 ) SS COUNTY OF �c�f'�/ ) On this '7117 day of A.D. 197,%,.. before me, .the undersigned, a Notary Public in and for the State of ' _6 6'lGt , personally appeared C-:-7 and Z6lC'Gi��rc� % �d klsoyJ to me personally known, who, being by me duly sworn, did say that they are the and S-�'C respectively, of J T & S Development Co. executing the within and foregoing instrument,. that (no seal has been procured by the, said) ( ret-u is -h " ' ^F &a+d) corporation; that said instrument was signed (ar med-) on behalf of said corporation by authority of its Board of-Directors; and that the said it 7 1� l—��c j cz;-7 and P pi P-r- saTY) as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. • W COMMISSION EXPIRES Notary P u i c i n and for to to %owP SEPTEMBER 30 197 of p���