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HomeMy WebLinkAboutA020 - Overhead Electric Line Easement dated December 30, 1999 . / �• IIV ST.NO 00 ® 0,0660 . - V-r' STORY COON FILED FOR RECORD c" ANC JAN 2 0 2000 SUSAN L VAND OPCs FF 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) OVERHEAD ELECTRIC LINE 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 overhead electric line over, through and across the following described real estate and the air space above: See Exhibit "A" attached hereto (hereinafter called "Easement Area") for the purpose of the City constructing, reconstructing, repairing, enlarging and maintaining an overhead electric line, together with necessary appurtenances thereto, over, through and across said Easement Area and the air space above. 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. 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 es, Iowa Foundation, Inc. Y BY Its: 4res* 4� Ted Tedescf-?1MMayor. Attest by: 'M�) Diane R Vds , 3d: •r� J i ,,+ / tr,x N- � STATE OF IOWA, B / COUNTY ss: Onrthis� day of 999, before me, the undersigned, r Notary ,"Public in and for said County and State, personally appeared/ '�lV'- c t., �.6Ysqnally known, who, being by me duly sworn, did say that he 1s the President of said corpbration executing the within and foregoing instrument;that said instrument was "� psi ried oh behalf of said corporation by authority of its Board of Directors; and that the said PFes deent as such officer acknowledged the execution of said instrument to be the yoluntry act and deed of said corporation, by it d by he v untaril ex ut tary Public in and f the tate of Iowa STATE OF IOWA, STORY COUNTY ss: Ytil k Una e Green On this 1( day of � U ,aoca 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-©()-I adopted by the City Council on the I (t' day of �JQ-n u.O,rt A _,o DOD, and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntary act and deed and-th'e�..,, voluntary act and deed of the corporation, by it voluntarily exec --ed. Notary Public in and for St Countyk�IOwa' L. /PIP,0846 9-17- S:\shardata\MJG\Easements\Walter Family Campus Subdivision-Ames\Overhead Electric Line Easement 123099.doc, 2 0 0 ® 0 0 6 6--6 C Z 2.5 feet on either side of a diagonal line in the Southwest corner of Lot 1 Walter Family Campus Subdivision, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa, more specifically described as running from a point 103 feet East of the Southwest corner of said Lot to a point being 73.13 feet North of the Southwest corner of said Lot 1. RECEIVE® fG 77 EXHIBIT A � JAM 0 6 2000 CITY OF AWES,IOWA 3 DEPT.OF PLANNING&HOUSING 00 - 0'0 6 66 ( 3)