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HomeMy WebLinkAboutA010 - Easement dated April 22, 1993 q � v r M F EASEMENT We, DAYTON PARK, LTD. , a limited partnership, and EAGLE GROVE CRANE SERVICE, INC. , 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 electric lines, consisting of poles, wires, overhead or underground cables, fixtures, anchors and other similar equipment, or any part thereof, upon, underground, over or across the following described real estate: INST.NO. e83 the West 15 feet of Lots 1, 2 , 3, 4 and 5; STORY COUNTY, IOWA FILED FOR RECORD, '�� , the North 40 feet of Lot 1; � Novol PM that part of Lot 1 described as follows: AZWA,�x SUSAN L,VANDE KAMP ►� thenceing at South 89 e Southeast 2 1tho 0 st Westcorner 26. 25 Lot feet; R9WjdtIQ Fee$ hence North 000 4 3 ' 4011 East to the North Audbrs Pee$ line of Lot 1; thence North 89° 22 ' 00" East 23 . 1 feet to the Northeast corner of said Lot 1; thence South 000 04 ' 20" West 280. 0 feet to the point of beginning; that part of Lot 2 described as follows: Commencing at the Southeast corner of Lot 2 ; thence South 890 22 ' 00" West 28 . 5 feet; thence North 000 43 ' 40" East to the North line of Lot 2; thence North 890 22 ' 00" East 26 . 25 feet to the Northeast corner of Lot 2; thence South 000 04 ' 20" West 194 . 25 feet to the point of beginning; that part of Lot 3 described as follows: Commencing at the Southeast corner of Lot 3 ; thence South 890 17 ' 50" West 30. 3 feet; thence North 00° 43 ' 40" East to the North line of Lot 3 ; thence North 890 22 ' 00" East 28 . 5 feet to the Northeast corner of Lot 3 ; thence South 000 04 ' 20" West 159 . 65 feet to the point of beginning; 68 . 2 that part of Lot 4 described as follows: Commencing at the Southeast corner of Lot 4 ; thence South 890 17 ' 50" West 32 . 15 feet; thence North 000 43 ' 40" East to the North line of Lot 4; thence North 890 17 ' 50" East 30. 3 feet to the Northeast corner of Lot 4; thence South 000 04 ' 20" West 160. 0 feet to the point of beginning; that part of Lot 5 described as follows: Commencing at the Southeast corner of Lot 5; thence South 890 17 ' 50" West 34 .9 feet; thence North 000 43 ' 40" East to the North line of Lot 5; thence North 890 17 ' 50" East 32 . 15 feet to the Northeast corner of Lot 5; thence South 000 04 ' 20" West 240. 0 feet to the point of beginning; all within First Addition, Dayton Park Subdivision, Ames, Iowa, for the sole purpose of conveying electric current for power and lighting purposes. We further grant to the City of Ames, Iowa, the right to permit other utility companies to construct and, in the same manner, maintain its utility facilities, jointly or severally, upon, underground, over and across the real estate as described above. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the hereinbefore described real estate and adjoining real estate caused by failure to use due care in the exercise of the granted rights. Dated this day of , 1993 . 561A t 41 ` 3 DAYTON PAN< LTD. , a limited EAGLE GROVE CR7-AE SERVICE, INC. partnerpnzp By: By: 5en Hunziker, jeneral Officer partn r By: By: 0 D n E. Hunziker, general Officer p rtner STATE OF IOWA, ,&�- COUNTY, ss: On this day of 1993 , before me, a Notary Public in and for said Co ty and State, personally appeared Erben A. Hunziker and Dean E. Hunziker, who being by me duly sworn, did say that they are the general partners of said r partnership and that said instrument was signed on behalf of said . },partnership and acknowledge the execution of said instrument to be the voluntary act and deed of said partnership and by it and by them voluntarily executed. Cal& NO ARY PU LIC In and For The Sta e of Iowa { Kelly Whitee 6!AT,E OF IOWA, /7� COUNTY ss: On this day of 1993 , before me, the undersigned, N tary Publi i and fo the St to f Iowa, personally appeared ! _sP _ and s to me personally k wn, who eing by me duly sworn, id say that they are the ��e5,gl�fi and �1- .1e& fY , respectively, of Eagle Grove Crane Service, Inc. , ex cuting the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the co porat ' on by authority of s Boar o Directors; and that � ged and , - � s'P as officers acknowle the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. NC&ART PUBLIC In and For The State of Iowa • •, KA UW1 561 _. 70