HomeMy WebLinkAboutA007 - Sanitary Sewer Easement Agreement dated December 19, 2002 p a3 - 01700
_ - INST.NO.
STORY COUNTY,HD ✓
FILED FOR RECORD
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JAN 2 S 2003 P 1 p
SUsAN L vANDE tCFeNiP,Recorder S•M�
.FEE S.J.al;�NQ.FEE�
S P A C E A B 0 V E R E <S E R V E D F 0 R 0 F F i C I A L U S E
RETURN T0IPREPARED BY. Franklin J.Feiltneyer,Attorney at law,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000
SANITAR Y SE WER EASEMENT A GREEMENT
THIS IS AN EASEMENT AGREEMENT,by and between Edwin B.Finch and Mary E.Finch,
husband and wife, Grantors,and the City of Ames,Iowa,Grantee,upon the following terms:
1. For and in consideration of good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,the Grantors do hereby grant and convey a pepetual easement over,
upon,under,and across the following described premises:Palensky Subdivision,Story County,
Iowa,for the purpose of constructing,repairing,maintaining,and operating a sanitary sewer.
2. This easement is granted upon the express condition that the Grantee shall, at the time of the con-
struction of the said sanitary sewer,reasonably define with specificity the limited locations for the
sanitary sewer mains and related improvements 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 ap-
purtenances above or under the ground 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 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 shall be binding upon the heirs,successors,and assigns of Grantors.
IN WITNESS OF THIS EASEMENT AGREEMENT,the Owner has executed this instrument
under date of December 2002.
EDWIN B.FINCH MARY E. NCH
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IN WITNESS OF THIS EASEMENT AGREEMEN ,the City has executedktflis mst�tment
under date of January Lr ,2003. f 1 z
s � G .r
CITY OF AMES A
B r'V'�XJ t r y + ? a
BY:
4 W .
Ted Tedesco Mayor
Y Diane R. Voss,Clerk
STATE OF IOWA,COUNTY OF STORY,ss: On December I T ,2002,beforetix'e,tl a undel's giijrd JY .
a Notary Public in and for said State,personally appeared Edwin B.Finch and Mary E FmCt,to,`me1mQ�i%ri
to be the persons named in and who executed the foregoing instrument,and acknowledged that , per-
sons executed the same as the voluntary act and deed of such persons.
C:ommiss'o""_'mtier�713921
My Commiss;cn EE�rss NOTAR UBLIC
December 4,20d4
FJF N 20021217113539 SHARP,JAHN,FEILMEYER,FEMME=&KEENAN,plc
Attorneys at Law•Ames,Iowa
i
SANITARY SEWER EASEMENT Page 2
STATE OF IOWA,COUNTY OF STORY,ss: On January��2003,before me,the undersigned,a
Notary Public in and for said state,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 mu-
nicipal corporation,and that the instrument was signed and sealed on behalf of the municipal corporar�t''oi74,
by author' of its City Council,as contained in the Resolution adopted by the City Council on the�!
day of OAUA24nd 2003,and that Ted Tedesco and Diane R.Voss acknowledged the execution of the
instrument to be thei oluntary act and deed and the voluntary act and deed of the corporation,by it volun-
tarily executed.
(h R-�.ek Ci HDI'�6 9F6;tj _ad
NOTARY PUBLIC
�patnc JILL L. RIPPERGER
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COMMISSION#146549
" lown " MY COMMISSION EXPIRES
FJF ✓20021217113539 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,p!c
Attorneys at Law•Ames,Iowa