HomeMy WebLinkAboutA017 - Public Utility Easement dated December 30, 1999 ® ® ® ® ® 6 6 3
INST.NO.
p STORY COUNTY IOWA
Dj FILE®FOR RECORD p
AM JAN 2 0 2000
SUSAN L.VAN=ewrder
NOMIN®FEE$
AUWMR'S FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus City of Ames Leeal Department 515 Clark Ames Iowa 50010(Phone:515-239 5146)
PUBLIC UTILITY EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Convalescent Home for Children Foundation, Inc., (hereinafter called
"Grantor") does hereby convey unto the CITY OF AMES, IOWA, a municipal
corporation(hereinafter called "CITY"), a perpetual Easement for Public Utility Right of
Way under, over, through and across the following described real estate:
See Exhibit "A" attached hereto
(hereinafter called "Easement Area") for the purpose of the City constructing,
reconstructing, repairing, enlarging and maintaining public utilities consisting of electric
lines, poles, wires, overhead or underground cables, fixtures, anchors or other similar
equipment and any and all other utilities, together with necessary appurtenances thereto,
under, over, through and across said Easement Area.
This Easement shall be subject to the following terms and conditions:
1. ERECTION OF STRUCTURES PROHIBITED. Grantor shall not
erect any structure over or within any part of the Easement Area without
obtaining a prior written consent of the City.
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.
3. RIGHT OF ACCESS. City shall have the right of access to the
Easement Area and have 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 right to remove any unauthorized_ -
_�_-- - ------obstructions or structures placed or erected on the Easement Area.
4. OTHER UTILITY SERVICES. Grantors also grant to City the right to
permit other utility companies to construct and in the same manner,
maintain its utility facilities jointly or severally upon, underground, over
or across the real estate described above.
5. EASEMENT RUNS WITH LAND. This Easement shall be deemed to
run with land and shall be binding on Grantor and on Grantor's successors
and assigns.
• i
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 same; and said Grantor covenants to WARRANT AND DEFEND
the said premises against the lawful claims of all persons whomsoever.
GRANTORS GRANTEE
Convalescent Home for Children The City of Ames Iowa.-..
Foundation, Inc.
IBts: sident By: 1! { d•
Ted Tedesco,
Attest by:�ulm p) � ,
Diane R. Vos , '? `.
STATE OF IOWA, COUNTY ss:
On this 9Z) dayof—Ai6ecesk f/? 1999, before me the undersigned, Nota
Public in and for said County and State, personally appeared liC me ��
personally known, who, being by me duly sworn, did say that he is the President of said
°colporation executing the within and foregoing instrument; that said instrument was
s gAO'on behalf of said corporation b authority of its Board of Directors; and that the
r' 1P Y Y
W.a Pre"sident as such officer acknowledged the execution of said instrument to be the
volunt; rract and deed of said corporation, b and by he v unt 1Mexecuto.
q i _
otary Public in and/ r the State of Iowa
STATE OF IOWA, STORY COUNTY ss: 7 Cc r~2Rr1
On this j (`�°" day of �_1_0, -,t,�_a,r ,',,pnp, before me, a Notary Public in
and for the State of Iowa, personally appeare Ted Tedesco and Diane R. Voss, to me
personally known, and, who, being by me duly sworn, did say that they are the Mayor
and City Clerk, respectively, of the City of Ames, Iowa;that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was
signed and sealed on behalf of the corporation, by authority of its City Council, as
contained in Resolution No. 00 —0 0-1 adopted by the City Council on the
�"
day of y-,ua v t,� , g000, and that Ted Tedesco and Diane R. Voss
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily execu d. _41-A
Notary Public in and ii>Ito b'County;-Iowa
S:\shardata\MJG\Easements\Walter Family Campus Subdivision-Ames\Fublic Utility Easement 12300.-aoc %- r
ILI
2
63
The South 10 feet of Lots 1, 2, 3, 4, 5 and 6, and the North 10 feet of Lots 1, 2, 3, 4, 5 and
6, and the East 5 feet of Lot 2, the East 10 feet of Lot 6 and the West 5 feet of Lots 3 and
5, all included in and forming a part of Walter Family Campus Subdivision, an Official
Plat, now included in and forming a part of the City of Ames, Story County, Iowa.
EXHIBIT "A"
3
00 ® 00663 (3)