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HomeMy WebLinkAboutA005 - Sanitary Sewer Easement dated April 4, 2002 RETURN TO: — 1 INST.NO. 7 5 MARK H HARMISON_ STORY YOU T ,0 RECORD 1O_ 2042 S SOOTH AVE FILED FORY D AMES IA 50014 . aCT 3a 2002 PM Q 400, SUS!I.VANDS KAMP,RecorderS�' OWA IN UD.FK$, , DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010 SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into effective the 1 '6 day of AP, I , 2002 by and between Mark Harmison and Elizabeth Harmison, Grantors, and the City of Ames, Iowa, Grantee, WITNESSETH : 1. For and in consideration of the sum of One dollar ($1.00) and other valuable consideration,the receipt and sufficiency of which are hereby acknowledged,the Grantors do hereby grant and convey to the Grantee, a perpetual easement and right-of-way in,over,upon,through and under the following described premises: Windy 500 Subdivision, Story County, Iowa, for the purpose of constructing,repairing,maintaining,and operating a sanitary sewer in,over,upon, through and under the premises described above. 2. This easement is granted upon the express condition that the Grantee shall,at the time of the construction of the said sanitary sewer,reasonably define with specificity the limited locations for the sanitary sewer mains and related installations and release the said easement with respect to all the rest of the above described land not reasonably needed for sanitary sewer purposes. 3. It is also agreed that the Grantee shall use due care in the construction and maintenance of the sanitary sewer, shall do no unnecessary injury to any trees, shrubs, lawns, buildings,fences or appurtenances above or underground within the area and shall restore the surface of the ground to the same condition in which it was before the start of the construction or maintenance work, as near as such restoration can be reasonably made. 4. For the purposes herein set out,the Grantee,its officers,employees,agents,licensees, successors and assigns shall at all times have the right and privilege of access to the premises hereinabove described. 5. This grant of easement and right-of-way shall be binding upon the heirs, successors and assigns of Grantors. IN WITNESS WHEREOF,the said Grantors and Grantee have caused this instrument to be made effective the date first above written. GRANTORS GRANTEE s 'z By - By: Mark Harmison Ted Tedesco, May'�ry By: h c-- Attest by. _ EI' abeth Harmison Diane Voss, CityClexk �a STATE OF IOIM STORY C UNTY ss: STATE OF IOWA,STORY COUNTY ss: On this mil' day of ,2002, On this_�day of ALP , 2002, before me, a Notary Public in anA for Story County, before me, a Notary Public in and for the State of personally appeared Mark Harmison and Elizabeth Iowa,personally appeared Ted Tedesco and Diane R. Harmison, to me known to be the persons named in Voss, to me personally known, and, who, being by and who executed the foregoing instrument, and me duly sworn, did say that they are the Mayor and acknowledged that they executed the same as their City Clerk, respectively, of the City of Ames, Iowa; v luntary act and deed. 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 AV,lu corporation, by authority of its City Council, as N ry Pu is in and for Story Coun Iowa contained in Resolution No. adopted by the City Council on the /Z�t day of �g"INE a6o and that Ted Tedesco and Diane Oct pM /p 1 �ry� Voss acknowledged the execution of the instrument 0cjo N to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily • executed. a � iG 20j.0,j� •••• Notary Public in and for Stay County,Iowa REAL SEP� Windy 500 Sanitary Sewer Easement(Harmison)-02272 JILL�, RIPPERGER o�M`s� COMMISSION#146549 MY COMMISSION F,CpIRES TOWN 3y-/7-q -2-