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Home My WebLink About~Master - Street - Qwest Corporation - Block 1, George & Little's Subdivision y Instrument- 200400012095 Date: 08-31-2004 Time: 09:58:19 am. Rec Fee: 21.00 E-Cam Fee: 1.00 RETURN TO: Cep) / FAudiled Fee: .0 Trans Tax: .00 J Filed for Record in STORY COUNTY IOWA AMES CITY CLERK a! SUSAN L. VANDE KAMIP,COUNTY RECORDER BOX 811 D AMES IOWA 50010 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) Retum to Ames City Clerk,Box 811,Ames,IA 50010 STREET EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: 1. The grantor,Qwest Corporation,successor by merger to Northwestern Bell Telephone Co, for and in consideration of$1 and the following covenants, hereby grants to the City of Ames, Iowa, the following permanent and perpetual right to enter upon the land hereinafter described for purposes of a public street and public utilities and construction and maintenance thereof over,across and under the land described as: That part of Lots 11 and 12, Block 1, Georg and Little's Subdivision of the West Three- Fourths of the North Half of the Northwest Quarter of the Northwest Quarter of Section 9, Township 83 North, Range 24 West of the 5'P.M., City of Ames, Story County, Iowa, described as follows: Beginning at the Northwest Corner of said Lot 12; thence S 89°29'21"E,99.53 feet along the Northerly line of said Lot 12 and along the Northerly line of said Lot 11;thence S 84°51'22"W,54.37 feet to the beginning of a 42.00 foot radius,non- tangent curve, concave Southerly; thence Westerly, 9.70 feet along said curve having a chord bearing S 78'14'14"W, 9.68 feet; thence S 00°00'00"W, 11.99 feet; thence S 90.00'00"W, 18.18 feet to the beginning of a 42.00 foot radius,non-tangent curve,concave Easterly; thence Southerly, 24.89 feet along said curve having a chord bearing S 24°35'39"W, 24.53 feet; thence N 89°40'53" W, 2.02 feet to the beginning of a 44.00 foot radius,non-tangent curve, concave Easterly; thence Southerly, 5.55 feet along said curve having a chord bearing S 03'40'05"W, 5.55 feet; thence S 00°03'13"W, 9.53 feet; thence S 07°36'10"E,37.53 feet;thence S 00°03'13"W,56.09 feet to a point on the Southerly line of said Lot 12; thence N 89°30'15"W, 10.06 feet along said Southerly line to the Southwest Corner of said Lot 12;thence N 00°00'18"E, 150.28 feet along the Westerly line of said Lot 12 to the Point of Beginning; said permanent easement for street purposes containing 2084 square feet. all as shown on the plat attached and made a part hereof. 2. Grantors shall not construct, install, erect or place any structure, or improvement over or within the area of this easement without first obtaining the written consent of the Grantee. 3. Grantors shall not change the grade, elevation or contour of any part of the area of this easement without first obtaining the written consent of the Grantee. 4. Grantee shall have the right to remove any unauthorized obstructions, improvements or structures placed, installed, constructed or erected on the area of this easement. 5. Grantee shall assume liability for all damage to the real estate described herein to the extent that such damage is caused by failure of the Grantee to use due care in the exercise of the rights granted by this easement. 6. Grantee shall be liable and responsible to Grantor for any liability,claims,damages,costs or expenses that may arise or result from (i) the use of the Easement by Grantee, its agents, employees, contractors, licensees and invitees; (ii) Grantee's interference with Grantor's use and enjoyment of the Described Property, when such interference is inconsistent with the easement granted hereby; (iii) any negligent or willful act or omission of Grantee, its employees or agents; or(iv) failure to comply with the terms of this Agreement. 7. Grantee shall, at its sole cost and expense, maintain its improvements and equipment constructed or installed in the Easement in good condition and repair. S. In the event that Grantee shall abandon the rights granted to it under this Agreement, all right,title and interest hereunder of Grantee shall cease and terminate,and Grantor shall hold the Easement, as the same may then be,free from the rights of Grantee. Failure to use the Easement for a period of one year or more shall constitute evidence of abandonment. 9. If,at any time,Grantee no longer requires the use of the Easement for the express purposes provided for herein,Grantee hereby agrees to immediately release its right,title and interest in the Easement by executing a release of easement,thereby fully terminating and extinguishing its rights to the Easement. DATED this day of ZuN G Zoo W,4l 11 Via,K'AM QWEST CORPORATION,GRANTOR STATE OF 1 ,STORY COUNTY ss; On this 30 day of 2004, before me,a Notary Public in and for the State of GSA; +onti personally appeared I Ak-o-k .. t�pnwp eK ,tome personally known,who being by me duly sworn,did say that that person is L-41-4A By: P2v reV4 NY/'�of said corporation,that the seal affixed to said instrument is the seal of said corporation, or no seal has been procured by the said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said 0-O&T si A;a+-) acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public in and for the State of P� e 2 PREPARED BY: BRIAN J• DIEHL. WHKS & CO. 1421 S. BELL. SUITE 103. AMES ]A 50010 PHONE 515-663-�9997 PERMANENT EASEMENT FOR STREET PURPOSES CITY OF AMES, STORY COUNTY, IOWA NW CORNER NWI/4 SECTION 9-T83N-R24W SET MAG NAIL _________S89°30'20"E _2671.05'_ ___L I N_COLN _WAY______ ___J�`__ 1 ' I M N'LY LINE LOT 12 N'LY LINE --NE CORNER NWI,�� • N LY LINE►'' SECTION 9-T83N-R24W. P.O.B. M N89 29 21 W (134.8 ) T 11 M FOUND PK NAIL . NW COR. - S89.29'21"E 135.01' _ LOT 10 -- LOT 12 ' 99.53' P.O.B. [LO 35.48'\ N69.30'20"W 15.31' j (28.7' ) -----_ ------------ - !/ 90.4$� ( ' " - �j Q i e.7o I S8454137?'w NE COR (kNW COR (67.4 ) I z. 00.00'Oo'W LOT 11 I LOT 10 C-1 z 9.70' 11.9`' (67.4' ) t R= 42.00' L0 w m S90.00100"w I I o= 13.14'16 �+� J , , 18.18, I L= 9.87' 70 C-3 N56.09'81'E WI r 5.55' 59.81' j CH.= 9.68'. of 3 N8924o0253'w I I CH. B.= S78°14'14"W o '"N NO1.20'00"E I 00Y, o p 14.00' Ln S00.0 '1 3"W I R IS C-:20 R= 42'0 0 Vs.s3' � NO7.36'10"W G A= 3357'22" ' 37.19' Q v I L= 24.89 z Co - E p t So7.36'10'E G i S�vD i CH.- 24?53' Z J N oo �/ T213 I 1 �0 CN. B.= S24°35`39"W LLI. >- o N72.30'03"E QJ I- p ; 2.58 1 3 OJ Z -+ NOD"03;13"E i Y �' C-3 22.00' N00.03'13'E I R= 44.00' L ` 3N89'3D_'3 N 4.00 I I A= 7.13'45" 27.60 •N89.30'15"Mi I L= 5.55' (28.7' ) M_ f3:46'w; T= 2.78' of (67.4' 1 I I CH.= 5.55' ; S'LY LINE - ,$ I I CH. B.= S03'40'05"W LOT 12 o;o l LY LINE _ - c I COLT 11 I SLY LINE I 10.06' o. I I LOT 10 I 50.00' _z� ---(67.4' )__ ------ (6.7_- )--�► - SW COR. -- -- L--�- ----� I LOT 12 S89030'15"E (202.2' ) ' FOUND N89°30'15"W 202.19' V' PIPE WOOD STREET 0 NOTES 1 SW CORNER NWI,4 N v I. This permanent easement for street SECTION 9-T83N-R24W purposes is located in the NW1/4 �► FOUND 1,2' IRON ROD Section 9. T83N. R24W of the 5th P.M. . 0 20 40 City of Ames. Story County, Iowa. LEGEND Set 5/8" rebar with 1 " = 40' 2. The W' I y line of the NWI-4 L.S. Cap No. #13644. . . . . . . . . . . . .. . . .. . . . .0 is assumed to bear N00.00'00"E. Set section corner as noted. . . . . . . . . . . . . . .A F ound 1/2' Iron rod unless noted otherwise. 9 3 Total area permanent easement for street purposes.:. .. .... ..2084 sq.ft. Found section corner as noted. . . . ... . . . . . . .♦ Total area temporary. Record dimension. . . . . . . . . . . . . . . . . . . . . . . . . ( ) construction easement.....2905 sq.ft. Tertporary Construction Easement. .. . . . . . . ...... Permanent Easement q, Permanent easement for street purposes for street purposes. .. . . . . . . . . .. . . . . . . . . � part of tract described in Warranty � Deed filed. February 26, 1964. \-ANp %, February 24,1970. and April 24,1970 �O,• ""' •.•SG with Inst. No. 2254, 15, .and 2076 PROPRIETOR: respectively. It is also part of tract NORTHWESTERN BELL = j: BRIAN J. i� = in Quit Claim Deed filed, TELEPHONE COMPANY = DIEHL = February 26th. 1970 with Inst. No. 16 in 13644 o the Office of Story. County Recorder. PROJECT: STATE AVENUE WIDENING �, "..... '' �`� I hereby certify that this land surveying document PARCEL NO. 2 �'i�, IOW P �`�� was prepared and the related survey work was performed '01+11+0 by me or under my direct personal supervision ono that I am a duly licensed Land Surveyor under the laws of t State of Iowa. 1'1' YI A V & CO. , 6 Q- rion J. Diehl. P.L.S. Date ENGINEERS-PLANNERS LAND SURVEYORS License number 13644. My license renewal date is December 31, 2005 1421 SOUTH BELL AVENUE. SUITE 103 AMES. IOWA 50010 515-663-9997 Sheets covered by this seat: 2 JOB NO. 6336 SHEET 1 of 2 DESCRIPTION OF PERMANENT EASEMENT FOR STREET PURPOSES That part of Lots 11 and 12, Block 1. Georg and Little's Subdivision of the West Three-Fourths of the North Half of the Northwest Quarter of the Northwest Quarter of Section 9, Township 83 North. Range 24 West of the 5th P.M. , City of Ames. Story County. Iowa, described as follows: Beginning at the Northwest Corner of said Lot 12; thence S 899 29' 21" E. 99.53 feet along the Northerly line of said Lot 12 and along the Northerly line of said Lot 11; thence S 84° 51' 22" W. 54.37 feet to the beginning of a 42.00 foot radius, non-tangent curve. concave Southerly: thence Westerly. 9.70 feet along said curve having a chord. bearing S 780 14' 14" W, 9.68 feet: thence S 00° 00' 00" W. 11.99 feet; thence S 900 00' 00" W. 18.18 feet to the beginning of a 42.00 foot radiusp non-tangent curve, ocncave.Easterly; thence Southerly. 24.89 feet along said curve having a chord bearing S 24' 35' 39" W. 24.53 feet; thence N 89, 40' 53" W. 2.02 feet to the beginning of a 44.00 foot radius, non-tangent curve. concave Easterly; thence Southerly. 5.55 feet along said curve having a chord, bearing S 030 40' 05" W, 5.55 feet; thence S 00° 03' 13" W, 9.53 feet; thence S 07 36' 10" E. 37.53 feet; thence S 00° 03' 13" W, 56.09 feet to a point on the Southerly line of said Lot 12, thence N 89. 30' 15" W. 10.06 feet along said Southerly line to the Southwest Corner of said Lot 12; thence N 009 00' 18" E. 150.28 feet along the Westerly line of said Lot 12 to the Point of Beginning; said permanent easement for street purposes containing 2084 square. feet. DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT That part of Lots 10. 11. and 12. Block 1. Georg and Little's Subdivision of the West Three- Fourths of the North Half of the Northwest Quarter of the Northwest Quarter of Section .9. Township 83 North. Range 24 West of the 5th P.M.. City of Ames. Story County, Iowa, described as follows: Commencing at the Northwest Corner of said Lot 12; thence S 890 29' 21"E. 99.53 feet along the Northerly line of said Lot 12 and "along the Northerly line of said Lot 11 Point ofBeginning; thence S 840 51' 22" W, 54.37 feet to the beginning of a 42.00 foot to the 9 radius, non-tangent curve. concave Southerly$ thence .Westerly, 9.70 feet along said curve having a chord bearing S 780 14'. 14" W. 9.68.feet: thence S 000 00' 00" W. 11.99 feet! thence S 900 00' 00" W. 18.18 feet to,the beginning of a 42.00 foot radius, non-tangent curve, concave Easterly; thence Southerly. 24.89 feet along said curve having a chord bearing S 240 35' 39" W. 24.53 feet: thence N 896 40' 53" W. 2.02 feet to the beginning of a 44,00 foot radius. non- tangent curve. concave Easterly: thence Southerly, 5.55 feet along said curve having a chord bearing S 030 40' 05" W, 5.55 feet: thence S 00. 03' 13" W. 9.53 feet$ thence S 07° 36' 10" E, 37.53 feet: thence S 000 03' 13" W. 56.09 feet to a point cri the Southerl.y line of said Lot 12: thence S 890 30' 15" E, 50.00 feet along said Southerly'Fine$ thence N 00° 03' 13" E. 30.00 feet: thence N 89, 30' 15" W, 19.90 feet; thence N 000 03' 13". E, 4.00 feet; thence N 890 301 .15" W. 27.60 feet: thence N 000 03' 13" E. 22.00 feet$ thence N 729 30' 03" E. 2.58 feet; thence` N 07° 36' 10" W. 37.19 feet; thence N 01,20' 00" E. 14.00 feet;. thence N 560 09' 51" E. 59.81 feet; thence N 84° 51' 22" E, 90.54 feet to a point on the Northerly line of said Lot 10: thence N 89° 30' 20" W, 15.31 feet along sold Northerly line to the Northeast Corner of said Lot 11; thence N 890 29' 21" W, 35.48 feet along said Northerly line to the Point of Beginning; said temporary construction easement containing 2905 square feet. PROPRIETOR: NORTHWESTERN BELL TELEPHONE COMPANY PROJECT: STATE AVENUE WIDENING PARCEL NO. 2 HKS & Co. ENGNEERS PLANNERS-LAND SURVEYORS 1421 SOUTH BELL AVENUE. SUITE 103 AMES, IOWA 50010 515-663-9997 JOB NO. 6336 SHEET 2 of 2