1998-03-04 Dana City Ordinance 98-1 (Limited Easement to Xenia Rural Water District)
Dublin Core
Title
1998-03-04 Dana City Ordinance 98-1 (Limited Easement to Xenia Rural Water District)
Subject
Ordinance 98-1; Limited Easement; No. 48429A; Xenia Rural Water District; Xenia; Rural Water; perpetual easement; water pipeline; water service hook-ups; Lot 16; Lot 12; Lot B; Lot 22; Section 4; Township 84 North; Range 29 West; Jack Pedersen; Janice L. Gilley; Kent Mowrer; John W. Blyth; FMHA; Dana, Iowa; Greene County, Iowa
Description
Limited Easement No. 48429A from the City of Dana to Xenia Rural Water District, handwritten "Ordinance 98-1" at the top and signed March 4, 1998 by Mayor Jack Pedersen and City Clerk Janice L. Gilley. It covers Lot 16 of the Subdivision of Lot 12 and part of Lot B of the Subdivision of Lot 22, Section 4, and lets owners take any number of water service hook-ups by paying the current membership fee while adequate water is available. The March 4, 1998 minutes record its approval. No seal or recorder's stamp shows on this copy. Two pages.
Creator
City of Dana, Iowa
Source
City of Dana, Iowa
Publisher
City of Dana, Iowa
Date
1998-03-04
Contributor
City of Dana, Iowa
Format
Printed pages on blue paper with handwritten entries
Language
American English
Type
Public government records
Coverage
Dana, Greene County, Iowa
Text Item Type Metadata
Text
Preparer Information: John W. Blyth, Individual's Name; 400 Locust Street, Suite 400, Street Address; Des Moines, IA, City; 515/248-9000, Phone
SPACE ABOVE THIS LINE FOR RECORDER
[handwritten: Ordinance 98-1]
(FMHA Approved) No. 48429A
LIMITED EASEMENT
RE: City of Dana, Iowa, a municipal corporation.
Lot Sixteen (16) in the Subdivision of Lot Twelve (12), in the Southwest Quarter (SW 1/4) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa; and that part of Lot B of the Subdivision of Lot Twenty-two (22) in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa; described as follows: Beginning at a point on the South line of said Lot B which is 130 feet west of the Southeast Corner of said Lot B; thence N 55° E 54.0 feet; thence N 35° W 20.0 feet; thence S 55° W 82.56 feet to said South line of Lot B; thence East 34.87 feet to the point of beginning.
The undersigned, as Owner(s) of record of the real estate described above, for one dollar and other good and valuable consideration received, hereby grant(s), sell(s), transfer(s) and convey(s) to Xenia Rural Water District (the "District"), its successors and assigns, an affirmative and perpetual easement in, to, and running with the real estate described above, together with a general and perpetual right of ingress and egress upon such real estate, LIMITED AS FOLLOWS:
1. This easement is solely for the general purposes of construction and laying and thereafter using, operating, inspecting, maintaining, repairing, replacing or removing water pipeline and any necessary appurtenances thereto over, across and through the real estate described above; and,
2. Once such water pipeline and any necessary appurtenances thereto are installed and operating, then this easement (except the general rights of ingress and egress) shall be automatically reduced in scope to a width of thirty feet, the centerline of which shall be the water pipeline and any necessary appurtenances thereto.
It is agreed that, during the period of initial construction, no crop damage will be paid by the District. The District, its successors and assigns, hereby promise to maintain such water pipeline and any necessary appurtenances in good repair so that damage to adjacent real estate of Owner(s), if any damage there be, will be kept to a minimum. Said pipeline shall be placed within 30 feet from and adjacent to existing road right-of-way; provided, however, that grantee may deviate from said course to avoid natural and/or manmade barriers or obstructions.
The District further agrees:
1. To repair, or pay to repair, any tile lines and fences injured or destroyed during construction and in the course of maintenance thereafter.
2. To pay for any crops damaged or destroyed in the course of maintenance beginning one year from the date of initial construction.
3. As long as there is adequate water available, the Owner or successor Owners of the above described property may, by paying the current membership fee and other associated costs at that time, avail themselves to any number of water service hook-ups.
[page 2]
Executed this 4th day of March, 1998.
CITY OF DANA, IOWA
By: [signature: Jack Pedersen] JACK PEDERSEN By: [signature: Janice L. Gilley] Janice L. Gilley
Name: Mayor Name: City Clerk
Title: Title:
MUNICIPALITY
State of Iowa, County of Boone, ss:
On this 4th day of March, 1998, before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared Jack Pedersen and Janice Gilley to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dana, Iowa; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Ordinance No. 98-1 passed [(the Resolution adopted) struck through] by the City Council, under Roll Call No. ______ of the City Council on the 4th day of March, 1998, and that Jack Pedersen and Janice Gilley acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
[signature: Kent Mowrer] 8/6/2000 [handwritten beside the signature]
Notary Public in and for said County and State
DSMS1:40013530.01
[The handwriting on this page sits about one line above the form's blanks and overlaps the printing; it is placed here where it belongs. No seal or recorder's stamp shows on this copy.]
SPACE ABOVE THIS LINE FOR RECORDER
[handwritten: Ordinance 98-1]
(FMHA Approved) No. 48429A
LIMITED EASEMENT
RE: City of Dana, Iowa, a municipal corporation.
Lot Sixteen (16) in the Subdivision of Lot Twelve (12), in the Southwest Quarter (SW 1/4) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa; and that part of Lot B of the Subdivision of Lot Twenty-two (22) in the Southwest Quarter (SW 1/4) of the Southwest Quarter (SW 1/4) of Section Four (4), Township Eighty-four (84) North, Range Twenty-nine (29) West of the 5th P.M., Greene County, Iowa; described as follows: Beginning at a point on the South line of said Lot B which is 130 feet west of the Southeast Corner of said Lot B; thence N 55° E 54.0 feet; thence N 35° W 20.0 feet; thence S 55° W 82.56 feet to said South line of Lot B; thence East 34.87 feet to the point of beginning.
The undersigned, as Owner(s) of record of the real estate described above, for one dollar and other good and valuable consideration received, hereby grant(s), sell(s), transfer(s) and convey(s) to Xenia Rural Water District (the "District"), its successors and assigns, an affirmative and perpetual easement in, to, and running with the real estate described above, together with a general and perpetual right of ingress and egress upon such real estate, LIMITED AS FOLLOWS:
1. This easement is solely for the general purposes of construction and laying and thereafter using, operating, inspecting, maintaining, repairing, replacing or removing water pipeline and any necessary appurtenances thereto over, across and through the real estate described above; and,
2. Once such water pipeline and any necessary appurtenances thereto are installed and operating, then this easement (except the general rights of ingress and egress) shall be automatically reduced in scope to a width of thirty feet, the centerline of which shall be the water pipeline and any necessary appurtenances thereto.
It is agreed that, during the period of initial construction, no crop damage will be paid by the District. The District, its successors and assigns, hereby promise to maintain such water pipeline and any necessary appurtenances in good repair so that damage to adjacent real estate of Owner(s), if any damage there be, will be kept to a minimum. Said pipeline shall be placed within 30 feet from and adjacent to existing road right-of-way; provided, however, that grantee may deviate from said course to avoid natural and/or manmade barriers or obstructions.
The District further agrees:
1. To repair, or pay to repair, any tile lines and fences injured or destroyed during construction and in the course of maintenance thereafter.
2. To pay for any crops damaged or destroyed in the course of maintenance beginning one year from the date of initial construction.
3. As long as there is adequate water available, the Owner or successor Owners of the above described property may, by paying the current membership fee and other associated costs at that time, avail themselves to any number of water service hook-ups.
[page 2]
Executed this 4th day of March, 1998.
CITY OF DANA, IOWA
By: [signature: Jack Pedersen] JACK PEDERSEN By: [signature: Janice L. Gilley] Janice L. Gilley
Name: Mayor Name: City Clerk
Title: Title:
MUNICIPALITY
State of Iowa, County of Boone, ss:
On this 4th day of March, 1998, before me, the undersigned Notary Public in and for the aforesaid County and State, personally appeared Jack Pedersen and Janice Gilley to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Dana, Iowa; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its City Council, as contained in Ordinance No. 98-1 passed [(the Resolution adopted) struck through] by the City Council, under Roll Call No. ______ of the City Council on the 4th day of March, 1998, and that Jack Pedersen and Janice Gilley acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
[signature: Kent Mowrer] 8/6/2000 [handwritten beside the signature]
Notary Public in and for said County and State
DSMS1:40013530.01
[The handwriting on this page sits about one line above the form's blanks and overlaps the printing; it is placed here where it belongs. No seal or recorder's stamp shows on this copy.]
Files
Collection
Citation
City of Dana, Iowa, “1998-03-04 Dana City Ordinance 98-1 (Limited Easement to Xenia Rural Water District),” Dana, Iowa - Historical Records, accessed November 8, 2026, https://records.danaia.gov/items/show/517.