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HomeMy WebLinkAboutA021 - Water Main Easement dated December 30, 1999 INST.NO. ` STORY COUNTY,IOWA FILED FOR RECORD AM JAN 2 0 2000 SUSAN L.VAND'ItA P,Fd�Ar�r AUDIHOMING FEE$ 'S FEE$ - 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) WATER MAIN 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 an 8 inch water main and hydrant under, over, through and across the following described real estate: The South 90 feet of the East 50,feet of Lot 5 Walter Family Campus Subdivision, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa (hereinafter called "Easement Area") for the purpose of the City constructing, reconstructing, repairing, enlarging and maintaining an 8 inch water main and hydrant, 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. 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 Foundat' n, Inc. or B Y By. Its: Si lent ° Ted Tedesco, Mayor `` - e Attest by: Diane R. R. STATE OF IOWA, ( COUNTY ss: ._._ On this day of ^ !7!//2 1999, before me, the undersigned, a Not Public in and for said County and State, personally appeared, t� ..,personally known, who, being by me duly sworn, did say that a is the President of said -P`�c"' ation executing the within and foregoing instrument; that said instrument was �vm , signed°on behalf of said corporation by authority of its Board of Directors; and that the �Sa�,dPresident as such officer acknowledged the execution of said instrument to be the , ?voluntary aet and deed of said corporatio4bi by he v untarily ecu e Public in an or the tate of Iowa ►-r c,L ow 1 Co r-�ri STATE OF IOWA, STORY COUNTY ss: On this j I`-�) day of d,660, 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 -0 0-7 adopted by the City Council on the day of T n Lkoury ,a000, 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 executed. f '�e Notary Public in an or St Coulty;'Iowa, JfL-L- L IPP Fq - S:\shardata\MJG\Easements\Walter Family Campus Subdivision-Ames\Water Main Easement 123099.doc 2 00 - 0-0 667 ( z)