HomeMy WebLinkAboutA005 - Permanent Easement for Public Utilities dated August 7, 1998 t �
Preparer: Gary M. Myers,666 Walnut Street,Suite 2500, Des Moines, Iowa 50309 Phone:(515)288-2500
PERMANENT EASEMENT FOR PUBLIC UTILITIES
Dayton Hudson Corporation d/b/a Target Stores(hereinafter called"Grantor"), in
consideration of the sum of One($1.00)and other valuable consideration,hereby conveys unto
the CITY OF AMES, IOWA, a municipal corporation, (hereinafter called"City")a perpetual
non-exclusive easement for public utilities under, over, through and across the following
described real estate:
See Exhibit A attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area")for the purpose of the City constructing, reconstructing,
repairing, operating and maintaining any public utilities,together with appurtenances thereto,
under, over,through and across said Easement Area, plus the right to permit other utility
companies to construct and in the same manner maintain their utility facilities in the Easement
Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES PROHIBITED. Grantor shall not erect any
structures over or within the Easement Area without obtaining the prior written consent of the
City Engineer.
2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade,elevation
or contour of any part of the Easement Area without obtaining the prior written consent of the
City Engineer.
3. RIGHT OF ACCESS. City shall have the right of access to the Easement Area and
have all rights of ingress and egress reasonably necessary for the use and enjoyment of the
Easement Area as herein described, including but not limited to the removal of any unauthorized
obstructions or structures placed or erected on the Easement Area. The City shall have the right
to remove or trim trees in the Easement Area to maintain a four(4)foot clearance from wires
and poles.
4. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the
land and shall be binding on Grantor and on Grantor's successors and assigns.
5. APPROVAL BY CITY COUNCIL. This Easement shall not be binding until it has
received the final approval and acceptance by the Ames City Council by Resolution which
approval and acceptance shall be noted on this Easement by the City Clerk.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the
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same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the
lawful claims of all persons whomsoever.
Words and phrases herein including acknowledgment hereof shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Signed this 7 day of August, 1998.
DAYTON ORP TION
B
STATE OF MINNESOTA )
ss
COUNTY OF >,Ueo�X.) )
On this j7.4day of August, 1998, before me, a Notary Public in and for the
State of appeared ,� �,L�Q � to me personally known, who
being by me duly sworn did say that he is the V,r��TSrrof said Corporation,
and that said instrument was signed on behalf of said Corporation by authority of its
Board of Directors, and that the said F�„ fA,,�acknowledged the execution of
said instrument to be the voluntary act and deed of said Corporation by it and by him
voluntarily executed.
LINDA E. JOHNSON Notary Public in an for the State of -
NOTARY PUBLIC MINNcSOTA /�.fi.�507W
My Cemmission Expires Jan.31,2000
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 and Roll Call No. , passed on the day of
1998, and this certificate is made pursuant to authority contained in
said Resolution.
Signed this day of ' 1998.
City Clerk of the
City of Ames, Iowa
-2-
AUG-19-98 WED 01 :33 PM DAVIS LAW FIRM FAX NO. 5152430654 P. 02
1
Target Addition to the City of Ames, Story County, Iowa
Easement Descrtptions:
Descriptions-Public Utility Easement
Lot 1
The North 10.0 feet, the West 10,0 feet and the West 10.0 feet of the East 23.3 fee
Lot 2
The North 10,0 feet
Lot 3St
The most Northerly 10.0 feet, the most Weser that part e'he3mo S 8r o1n to the tC' ty
the east 10.0 feet of the West 289.49 feet
of Ames, Story County, Iowa, more particularly described as follows: Beg1nning at the
Northeasterly comer of said Lot 3 at the east end of Southeast Third Street, thence
S00°00'00"E, 473.33 feet along the easterly line of said Lot 3 extended to the southerly
line of said Lot 3; thence N9010U00"W, 384.33 feet along said southerly line= thence
S00°00'00VV,443.48 feet along�o�a�e�l37 50 feet long sa d northerly ine; thence
Southeast Fifth Street, thence N8 ,
N0000VW E, 687.38 feet; thence N10°49'45"E, 77.93 feet; thence N00*0111 feet along said
162-88
feet to the south line of Southeast Third Street: thence S90°00'00"E,
south line; thence S00°00'00"W, 54.27 feet, thence 33 foot thence N00`00'W'E 112.66 feet thence5,83
S00°00'00'W, 270.91 feet; thence S90 00
feet to the south line of Southeast Third Street; thence S90°00'00"E, 27.00 feet to the
point of beginning, containing 1.28 acres.