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HomeMy WebLinkAboutA005 - Storm Sewer Easement dated November 30, 1994 J f .` • M F STORM SEWER EASEMENT lei 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 Second 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. .�- 09381 ow.No. STORY COUNTY, A FILED FOR RECORD OCT 2319 5 PM 6SIMUSXNL.VAPI P� e�r�r Recording FOB$ 2 ewdlwes Fee$ �� 2 Dated this day of1ejQ,� 1994. Erb n A. Hunziker, as rustee Donald M. Furman and Ruth W. of the Erben A. Hunziker Furman, as Trustees of the Revocable Trust dated Donald and Ruth Furman July 28, 1992 Revocable Trust dated March 1, 1991 STATE OF IOWA, STORY COUNTY, ss: On this day of , 1994, before me, the undersigned, a Notary Public in and or the State of Iowa, personally appeared Erben A. Hunziker as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992, as to me known to be the identical person named in and who executed the foregoing instrument, and acknowledge that the person, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary. STACIE R.McCLURE e MY MMIS EXPIRES oW� Notary Public in and 'for said ate STATE OF IOWA, STORY COUNTY, ss: On this day of (>� j(� `� 1994, before me, the undersigned, a otary Public in and for the State of Iowa, personally appeared Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, as to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledge that the persons, as the fiduciaries, executed the instrument as the voluntary act and deed of the persons and of the fiduciaries. �s TSTACIE R.McCLURE w MY OMMISS ON EXPIRES aW� - otary Public in and for said St e q6,09381 69) BROOKVIEW PLACE SECOND ADDITION EASEMENTS A 20.00 feet wide Storm Sewer and Surface Water Flowage Easement over and across a portion of Outlot "X" in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa lying 10 .00 feet either side of a line described as: Commencing at the Northwest Corner of Lot 13 in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence, N090-02 ' -48"E along the Westerly .Line of Lot C in said Brookview Place Second Addition, a distance of 10 . 00 feet to the Point of Beginning; thence, N800-57 ' -12"W, a distance of 195 .00 feet; thence, S090-02 ' -48"W, a distance of 120 .00 feet to the end of said line. An irregular shaped Detention and Surface Water Flowage Easement over and across a portion of Outlot "X" in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa is described as: Beginning at the Northwest Corner of Lot 22 in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence, S00°-00 ' -00"E along the West Line of said Lot 22, a distance of 70.00 feet; thence, N450-00 ' -00"W, a distance of 90.00 feet; thence, N450-001 -00"E, .a distance of 90.00 feet; thence, S450-00 ' -00"E, a distance of 96.35 feet to the Northerly Line of Lot 21 in said Brookview Place Second Addition; thence, N800-57 ' -12"W along the Northerly line of said Lots 21 and 22, a distance of 68. 98 feet to the Point of Beginning. An irregular shaped Storm Sewer, Detention and Surface Water Flowage Easement is described as : Beginning at the Northeast Corner of Lot 6 in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence, South along the East Line of Lots 6, 5, 4, 3 and 2 in said Brookview. Place Second Addition, a distance of 340.78 feet to the Southeast Corner of said Lot 2; thence Northerly in a straight line to a point on the South Line of said Lot 3, said point being 32 .50 feet West of the Southeast Corner of said Lot 3; thence Northerly in a straight line to a point on the South Line of said Lot 4, said point being 65 .00 feet West of the Southeast Corner of said Lot 4; thence Northerly in a straight line to a point on the South Line of said Lot 5, said point being 45 .00 feet West of the Southeast Corner of said Lot 5; thence Northerly in a straight line to a point on the South Line of said Lot 6, said point being '25.00 feet West of the Southwest Corner of said Lot 6; thence North along a line parallel with and 25 .00 feet West of the East Line of said Lot 6 to the Northerly Line of said Lot 6; thence Easterly along the Northerly Line of said Lot 6 to the Point of Beginning. BROOKVIEW PLACE SECOND ADDITION EASEMENTS A triangular shaped Storm Sewer Easement is described as: Beginning at the Northeast Corner of Lot 28 in Brookview .Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence South along. the East Line of said Lot 28, a distance of 20. 00 feet; thence Northwesterly to the North Line of said Lot 28; thence East along the North Line of said Lot 28, a distance of 20.00 feet to the Point of Beginning. A triangular shaped Detention and Surface Water Flowage Easement is described as : Beginning at the Northwest Corner of Lot 21 in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence Easterly along the Northerly Line of said Lot 21, a distance of 48 . 65 feet; thence Southwesterly in a straight line to the Southwesterly Line of said Lot 21; thence Northwesterly along the Southwesterly Line of said Lot 21, a distance of 37 .46 feet to the Point of Beginning. An irregular shaped Detention and Surface Water Flowage Easement is described as: Beginning at the Northwest Corner of Lot 22 in Brookview Place Second Addition, an Official Plat, Ames, Story County, Iowa; thence Easterly along the Northerly Line of said Lot 22, a distance of 20 . 18 feet to the Northeast Corner of said Lot 22; thence Southeasterly along the Northeasterly Line of said Lot 22, a distance of 37 .46 feet; thence Southwesterly in a straight line to the West Line of said Lot 22; thence North along the West Line of said Lot 22, a distance of 70.00 feet to the Point of Beginning. 9�-- o