HomeMy WebLinkAboutA019 - Sanitary Sewer and Public Utility Easement dated December 30, 1999 � 0 ® 0066 �
INST.NO. --
STORY COUNTY,IOWA
a1� FILE®FOR RE
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AM JAN 2 0 2000
SUSAN L.VAN ,Fleo®rdaP
RECORDING FEE$
AUDITOR'S FEES
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus.City of Ames Legal Department 515 Clark,Ames Iowa 50010(Phone:515 239 5146)
SANITARY SEWER
AND
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 Sanitary Sewer and
Public Utility Right of Way under, over, through and across the following described real
estate:
The East 25 feet of Lot 5, Walter Family Campus Subdivision, an Official
Plat, now included in and forming apart of the City of Ames, Story
County, Iowa
(hereinafter called "Easement Area") for the purpose of the City constructing,
reconstructing, repairing, enlarging and maintaining a sanitary sewer and 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.
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 {:
Foundati n, Inc. T
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By
By: >
t *
Its: Pr i ent Ted Ted esco,.,A4dayor .
Attest b w
Diane R.' oss
STATE OF IOW
A, COUNTY ss:
On this �(/ day of fiex 1999, before me the u dersig d, a Nota
.,,,,,•Public in and for said County and State, personally appeared Q 0 � "
;personally known, who, being by me duly sworn, did say that h is the President of said
corP' htiQn executing the within and foregoing instrument; that said instrument was
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:signed'po behalf of said corporation by authority of its Board of Directors; and that the
(--said.Pres d6 as such officer acknowledged the execution of said instrument to be the
t ,;> voluntarg4bt and deed of said corporation, by it d by he vol ntarily e to .
L
S 3J
• tary Public in and o t e State of Iowa
STATE OF IOWA, STORY COUNTY ss: c,tc41 3 Co ree n
On this I I+' day of �a u g-!2� ,a000 before me, a Notary Public in
and for the State of Iowa, personally appeared 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 —00-7 adopted by the City Council on the_I Imo'
day of �f of �a,r ,a0G30, and that Ted Tedesco and Diane R. Voss
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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 executed.
Notary Public in an or S ry Coi r'it} owa,'
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