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Home My WebLink About~Master - Sanitary Sewer Condemnation Proceedings - Kutish •Inst �k� 13949= -- Fee $ 1950 IN THE MATTER OF THE CONDEMNATION ) TO ACQUIRE RIGHT-OF-WAY ACROSS ) APPLICATION TO SHERIFF CERTAIN LAND BY THE CITY OF AMES, ) FOR APPOINTMENT OF A IOWA FOR THE USE AND BENEFIT OF THE ) COMMISSION TO APPRAISE PUBLIC AND THE CITY OF AMES, IOWA, ) DAMAGES IN THE CONSTRUCTION OF A SANITARY ) SEWER. ) - - - - - - - - - - - - - - - - - - - - - - - - - - - TO: J. I. SHALLEY, SHERIFF OF STORY COUNTY, IOWA: The City of Ames, Iowa, applicant herein, states: 1. The public interest requires that the City of Ames, Iowa, a ° municipal corporation located in Story County acquire a certain perpetual right-of-way and easement across certain land, all hereinafter described, by condemnation proceedings, as authorized and provided by law. 2. The tract of land affected by this condemnation proceeding is described as follows: The Southwest Quarter (SW4-) of the Northwest Quarter (NW;) of Section Eight (8), Township 83 North, Range 24 West of the 5th P. M. , Story County, Iowa, except a tract of land in the Northwest corner thereof, described as follows: Beginning at the Northwest corner of said quarter quarter section thence East 700 feet on the quarter quarter line, thence South 384 feet, thence South 160 001 West 400 feet, thence West 580 feet to the section line, thence North on the section line to the point of beginning. 3. The perpetual right-of-way and easement which the City of Ames seeks to condemn herein is described as a perpetual right to enter upon, and construct, reconstruct, clean up, operate, maintain, cover over and repair a saniary sewer upon, under and across a strip of land described as follows: A STRIP OF LAND 10 FEET WIDE in the Southwest Quarter of the Northwest Quarter of Section 8, Township 83 North, Range 24 West of the 5th P. M. , the center line thereof being described as follows: COMMENCING AT a point 24. 1 feet South of the South line of Lot 12 of Vivian Coy Subdivision of the City of Ames, Iowa, and 10. 8 feet West of the East line of said Lot 12, thence South 260 06' West 785. 7 feet thence North 780 39' West 637. 5 feet, t {en i.� a West 304. 4 feet, thence North 880 ....PAGE— qa �"` / --._ Pate E.,--. 2 • 2. 30' West 261. 3 feet, thence North 420 54' West 357. 4 feet, thence North 680 33= West 626. 5 feet to THE POINT OF BEGINNING, thence North 680 33' West 158. 4 feet, thence South 710 19' West 594. 4 feet, thence North 810 271 West 298. 4 feet, thence North 360 151 West 441. 8 feet to the terminal point, and a temporary right of encroachment over and across adjacent land on each side of the above described strip of land for construction purpos es. A plat showing the location of the perpetual right-of-way and easement sought to be condemned with reference to the tract described in paragraph 2 above is hereto attached, marked Exhibit "A" and made a part hereof. 4. The names and addresses of all record owners of the tract of land described in paragraph 2 above, and of all record holders of liens and encumbrances on said land, are set forth below: Francis A. Kutish, R. F. D, Ames, Iowa joint owner Virginia I. Kutish, R. F. D. , Ames, Iowa - joint owner 5. Condemnation of the above described perpetual right-of-way and easement is sought for the purpose of constructing and maintaining a sanitary sewer, 18 inches in diameter, along the North side of a natural course of water known as College Creek. Said sanitary sewer will serve the needs of homes and businesses presently found, and others which are likely to be developed, in the adjacent areas. The cost of said sanitary sewer will be paid from general obligation bonds of the City of Ames and its construction will be at no expense to the abutting property owners. In the course of constructing said sanitary sewer described in paragraph 3 hereof (1) all fences damaged will be replaced with the same or better fencing by the city; (2) all damaged grass areas will be reseeded by the city; (3) damaged roadways will be restored to their original condition or better; and (4) the entire sewer, including any manholes, will be buried under ground. 3. WHEREFORE, your applicant requests the appointment of a commission of six freeholders, being residents of Story County, Iowa, not interested in the same or like question, to view the tract of land described in paragraph 2 above and assess the damages which the owners thereof, lienholders, encumbrancers, or other persons interested therein, will sustain by reason of condemnation of the perpetual right-of-way and easement described in paragraph 3 above, and make their report in writing to you, all according to the provisions of Chapter 472, Iowa Code (1962). Dated at Ames, Iowa, this yday of November, 1963. CITY OF AMES, xWA r By Rex B. Gilchrist Cityl Attorney 3002 Main Street Ames, Iowa Filed in my office at Nevada, Iowa, this - .20' - day of November, 1963 Sh ff of Story ounty, Iowa. S r " SANITARY SEWER ' EASEMENTS 1" 2 sod CORPORATION LINE 700' f' I W �tll ST. THOMAS < Ir AQUINAS m LOT 12 OF - ---- _ J �W CHURCH ) VIVIAN COY Sumo. Y N , < < 0 Y Ci SW NWI/4 s C •-63-24 CORPORATION LINE Y N J T• A. ao F.A.KUTISH / A �Ts," Na6o W 69 r • 1� A �`w W• dlss-.. n^� F 1 i 2!1 4' W J \Nsee3O,� +,0° 261.3' y t W !- % i A strip of land 10 feet wide, the centerline described as follows: comoncing at a point 24.1 feet South of the South line of Lot 12 of Vivian Coy Subdivision of the City of Ames, Iowa and 10.8 feet West of the Mot line of said Lot 12, thence South 270 06' West 781,.7 feet, thence North 780 39' West 637.5 feet, thence South 561, 2±' West 340.E feet, thence North 880 10t West 261.3 feet, thence North 420 54' West 357.4 feet, thence North 680 33' West 626.5 feet to the point of beginning, thence North 680 33' West 158.4 feet; thence South 71' 19' West F94.4 feet, thence North 810 27' West 298.4 feet, thence North 360 15' West 441 .8 feet