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HomeMy WebLinkAboutA003 - Right-of-Way Permit and Easement dated February 24, 1970 RIGHT-OF-WAY PERfIT AND EASEMENT Jr We, Erben A. Hlunziker and Donald "1. Furman, of Ames , Stor County, Iowa, in consideration of the sure of One Dollar ($1.00) , the receipt of which is hereby acknowledged, do hereby grant to t e City of Aires , Iowa, a municipal corporation, its successors and assigns , a perpetual right to construct, reconstruct, maintain and use its electric lines, consisting of poles , wires, overhead and underground cables, fixtures, anchors and other similar equipment i or any part therefor, for the sole purpose of conveying electric current for power and light purposes , together with the right to extend to any telephone, electric or power company the right to use jointly with grantee, any pole placed pursuant to the provi- sions thereof together with the right to trim any trees to allow for clearance of at least 4 feet where necessary to secure adequate clearance for the safe operation of electric lines upon, under- ground or adjacent to that real estate located in Briardale Squar , Ames, Iowa, substantially as indicated upon the blue print plan attached hereto and made a part hereof, and more specifically des- cribed as: 1. The north 5 feet of Outlot B-B 2 . The North 5 feet of Lots 9, 10 , 11, 12, and 13. 3 . The north 5 feet of Outlot D-D. 4 . The East 8 feet of Outlot D-D. 5. In Outlot B-B: 4 feet either side of a line described as Beginning 4 feet North of the Northwest . Corner of Lot 1, thence North 890 16 ' East to the West line of Lot 9 . 6 . 8 feet parallel and adjacent to the East line of Lot 6 . 7 . 8 feet parallel and adjacent to the North 31.7 feet of the West line of Lot 9 . 8 . An 8 foot wide strip East of the line extending Northward from the ?�7orthwest Corner of Lot 1 to the North line of the Subdivision. -2- IN OUTLOT D-D 9 . 8 feet adjacent and parallel to the north 31.7 feet of the East line of Lot 13 . 10 . 8 feet adjacent and parallel to the West line and west line extended of Lot21. 11. 4 feet either side of a line described as beginning 4 feet North of the Northwest Corner of Lot 14 , thence North 890 16'East to the Pest line of Lot 21. 12 . 4 feet either side of a line described as beginning 4 feet North of the Northwest Corner of Lot 21, thence North 890 16 ' Fast to a point 4 feet North of the Northeast Corner of Lot 27. 13. 8 feet West of a line described as beginning at the northeast Corner of Lot 27, thence North 21. 9 feet. 14 . 8 feet South of the North line of Lot 28 extended Easterly to the East line of the Sub- division. 15. 8 feet North of the South line of Lot 35 extended Easterly to the East line of the Sub- division. 16 . 4 feet either side of a line described as beginning 4 feet East of the northeast Corner of Lot 28, thence South 00 03 ' 40 " West 91 feet thence westerly 15 feet thence South 00 03140" West 83 feet to a point 4 feet East of the Southeast Corner of Lot 35. 17. 8 feet parallel and adjacent to the North line and North line extended to the Last of Lot 36. 18. 8 feet parallel and adjacent to the South line of Lot 42. 19 . 4 feet either side of a line beginning 4 feet :Mast of the Northeast Corner of Lot 36, thence South 00 03 ' 40" West to a point 4 feet East of the Southeast Corner of Lot 47 . 20. 8 feet parallel and adjacent to the South line and .4outh line extended eastward of Lot 47. a. _3_ r IN OUTLOT A--A 21. 4 feet either side of a line described as beginning 4 feet East of the Northeast Corner of Lot 91, thence South 00 44 ' East, 94 feat, thence South 890 16 '47est 108 feet, thence South 0 44 ' East 8. 58 feet thence South 890 16 ' West 66 feet thence South 00 44 ' fast to the 'North line of Lot 76 . 22. 4 feet either side of a line described as beginning 4 feet South of the Southwest Corner of Lot 95, thence North 890 16 ' East 107 feet, thence South to the North line of Lot 103. 23 . 4 feet either side of a line described as 4 feet North of and parallel to the North line of Lots 100 thru 106; said line shall extend Eastward to the West line of the public street and westward to the West line extended of Lot 95. 24 . 4 feet either side of a line described as beginning at a point in the Nast line of Hoover Avenue which is 4 feet Pdorth of t1le North line of Lots 75 thru 30 extended westward, thence North. 890 16 ' vast to a point 4 feet North and 4 feet Last of the Northeast Corner of Lot 80 thence South 0 44 ' East 24 feet,thence North 890 16 ' Fast to a point 4 feet North and 12 feet East of the Northeast Corner of Lot 94 . 25 . 4 feet either side of a line described as beginning 4 feet East of the Northeast Corner of Lot 83 , thence South 00 44 ' 'East to the North line of 30th Street. i 26 . 4 feet either side of a line described as beginning 4 feet West of the Northwest Coacner of Lot 94 , thence South Oo 44 ' past to the :^;orth line of 30th Street. 27. 4 feet either side of a line described as beginning 4 feet South of the Southeast Corner of Lot 67 , thence South 890 16 ' West 116 feet, thence South Oo 44 ' East to a point 4 feet South and 4 feet East of the Southeast Corner of Lot 68, thence South 890 16 ' West 77 feet, thence North 00 44 ' West 40 feet, thence South 89 16 ' West to the East line of Hoover Avenue. 28 . 4 feet either side of a line described as beginning 4 feet South and 37 feet East of the Southeast Corner of Lot 48, thence South 89° 1G ' West 99 feet, thence South 00 44 ' Fast, 42 feet, thence South 890 16 ' West 87 feet, thence South to the North line of 30th Street. .s, 4- For electric, gas, telephone, water, sanitary sewer and storm sewer as well as any necessary future public utility. IN OUTLOT A--A 15 feet South of a line described as beginning 230 feet North of the Southeast Corner of said Outlot A-A, thence South 890 16 ' West to the East line of Hoover Avenue, 25 feet ?Forth of a line described as beginning 230 feet Forth of the Southeast Corner of said Outlot A--A, thence South 890 16 ' West to the East line of Eoover Avenue, excluding Lots81 and 92 , but including the South 5 feet of Lots 75 , 76, 77 , 78 , 79 , 80 , 100 , 101, 102, 103 , 104 , 105, 106 . For storm sewer and other necessary public utilities . IN OUTLOT A--A 5 feet either side of a line described as begiAng 5 feet West of the Northwest Corner of Lot 95 , thence South 00 44 ' East to the North line of 30th Street. IN OUTLOT B-B 5 feet either side of a line described as beginning 526 . 55 feet cast of the East line of Hoover Avenue thence South 00 44 ' East to the North line of the public street. The foregoing right is granted upon the express condition; that the City of Ames will assume liability for all damage to the hereinfore described property caused by said City' s failure to use due care in its exercise of the granted right. WITNESS our hands this day of r 1970 `Er en A. 'un �ilser Donald M. Furinan r -5- z STATE OF IOWA ss COUNTY OF STORY: On this q day of 4�i _ 70 , before me the undersigned, a Notary Public in and or the State of Iowa, personally appeared Erben A. Hunziker and Margaret f:, Hunziker, husband and wife, Donald M. Furman and Ruth W. Furman, husband i and wife, to me known to be the identical persons named in and who executed the within and foregoing instrument, to which this is attached, and acknowledged that they executed the same as their voluntary act and deed. DO, , LC R. PAYEZ, Nota Puh�ic in and for State of Iowa. seal f