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HomeMy WebLinkAboutA005 - Storm Sewer Easement dated June 2, 1993 J 0M STORM SEWER EASEMENT 1/ We, Erben A. Hunziker, as Trustee of the Erben A. Hunziker .Revocable Trust dated July 28, 1992 , and Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, in consideration of the sum of One Dollar, receipt of which is hereby acknowledged, do hereby grant to the City of Ames, Iowa, a municipal corporation, its successors and assigns, the perpetual right to construct, reconstruct, maintain, and use its storm sewer system upon, underground, over or across the following described real estate: See Exhibit "A" attached hereto and by this reference made a part hereof, all within Brookview Place First Addition to the City of Ames, Iowa, conditional, however, upon the City of Ames maintaining the surface water flowage and detention area free of silt and other debris washed in by storm water. The Grantors, those successors and assigns, will mow vegetation within the surface water flowage and detention areas at least once each calendar year. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the herein before described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted right. a Dated this day of ( U.," , 1993 . INST.NO. STORY COUNTY IOWA ,,FILED FOR RECORD 8 57R 234 hA BOOK PAGE R % • Q.� AudbftFnl .� f . T s � 2 By: i i By: By: Erl� A. Hunziker, as Donald M. 'F1bT-:T&fi and Ruth Trustee for the Erben A. W. Furman, as Trustees for Hunziker Revocable Trust the Donald and Ruth Furman dated July 28, 1992 Revocable Trust dated March 1, 1991 STATE OF IOWA, STORY COUNTY, ss: On this p(n,d day of , 1993, before me, the undersigned, a Notary Pu is in and for the State of Iowa, personally appeared EX%(X 1XA(XXPdiXi:X:k1 %XX Donald M. Furman, and Ruth W. Furman to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledge that they, as the trustees, executed the instrument as the voluntary act and deed of the trustees. NOTARY PUBLIe in and foieVsaid State IWNSUSAN J.THOMPSON woommumeffIES STATE OF IOWA , STORY COUNTY , ss : On this �. day of June , 1993 , before me., the undersigned , a Notary Public in and for the State of Iowa , personally appeared Erben A. Hunziker , to me known to be the identical person named in and who executed the fore- going instrument ,_ and acknowledges that he , as the trustee , executed the instrument as the voluntary act and deed of the trustee . NOTARY PUBLIC in and r said State mlSs"J:TM IfYCO 02Lim 578 235 BOOK PAGE a EXHIBIT "A" An irregularly shaped Storm Sewer, Surface Water Flowage & Detention Easement over and across a portion of Lots 1, 2, 3 and 4 in Brookview Place First Addition, to the City of Ames, Story County, Iowa is described as : Beginning at the Southeast corner of Lot 2 in Brookview Place First Addition to the City of Ames, Story County, Iowa; thence, N88047125"W along the South Line of Lots 2 and 1 in said Brookview Place First Addition, a distance of 290 .50 feet; thence, N20018110"E, a distance of 102 .51 feet to a point on the Southwesterly Line of said Lot 2, said point being 219 . 15 feet Northwesterly of the most Easterly corner of said Lot 1; thence, N47045158"E, a distance of 209 . 32 feet to the Northeasterly Line of Lot 4 in said Brookview Place First Addition; thence, S62033127 "E along the Northeasterly Line of said Lot 4, a distance of 112 .55 feet to the Northeast corner of said Lot 4; thence, S00000100"E along the East Line of Lots 4, 3 and 2 in said Brookview Place First Addition, a distance of 191 . 09 feet to the Point of Beginning An irregularly shaped Storm Sewer Easement over and across a portion of Lot 32 in Brookview Place First Addition to the City of Ames, Story County, Iowa is Described as : Beginning at the Northeast corner of Lot 32 in Brookview Place First Addition to the City of Ames, Story County, Iowa; thence Southerly along the Easterly Line of said Lot 32 , a distance of 15 . 00 feet; thence Northwesterly a distance of 22 .52 feet to a point on the Northerly Line of said Lot 32 , said point being 15 .00 feet Westerly of the Northeast corner of said Lot 32; thence Easterly a distance of 15 .00 feet to the Point of Beginning. An irregularly shaped Storm Sewer Easement over and across a portion of Lot 24 in Brookview Place First Addition to the City of Ames, Story County, Iowa is, described as : Beginning at the Northeast corner of Lot 24 in Brookview Place First Addition to the City of Ames, Story County, Iowa; thence Southerly along the Easterly Line of said Lot 24, a distance of 35 .00 feet; thence Northwesterly a distance of 47 . 38 feet to a point on the North Line of said Lot 24, said point being 35 .00 feet West of the Northeast corner of said Lot 24; thence East along the North Line of said Lot 24 a distance of 35 . 00 feet to the Point of Beginning. 578 236 BOOK PAGE '�