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HomeMy WebLinkAboutA011 - Easements dated November 16, 1992 INST. ®. 07705 STORY COUNTY, IOWA FILED FOR RECORD Ate DEC 2 8 1992 EASEMENTS va4ld KL I SUSAN L.VANDE KAMP,Recorder KNOW ALL PERSONS BY THESE PRESENTS: Recording Fee$ OU, Auditor's Fee$ y That WILLIAM K. FEDELER, an unmarried person, and STORY CONSTRUCTION CO. , an Iowa Corporation, for good and valuable consideration, receipt of which is hereby acknowledged, do hereby grant unto the City of Ames, Iowa, a municipal corporation, its successors and assigns, the perpetual right to construct, reconstruct, maintain and use utility services and apparatus upon, underground, over or across the following-described real estate, all of which is situated within the following-described real estate, all of which is situated within H & B SUBDIVISION TO AMES, IOWA: Lot 1• The South Five (5) Feet thereof and the East Five Feet thereof. Lot 2 • The North Five (5) Feet thereof, the East Five w = o (5) Feet . thereof, the West Ten (10) Feet thereof and the East Thirty-five (35) Feet of p the South One Hundred Seventy-five (175) Feet cc thereof. c Lot 3 • a The East Five (5) Feet thereof, the North Five (5) Feet of the East One Hundred Ninety (190) U_ c Feet thereof, the East Ten (10) Feet of the 00 ,0 North Two Hundred Twenty-eight (228) Feet 2 o thereof, and an easement five (5) Feet in N W W width across the Southerly part of said Lot 3 which is Five (5) Feet along the Northerly side of the following-described line: Beginning at the Northwest Corner (NW Cor. ) of Lot Three (3) , Skunk River East First 07 2) qq 2 Industrial Addition to Ames, Iowa, thence South 88046150/1 East 348. 05 Feet, thence North 68014130/1 East 123 .8 Feet, thence South 88021120/1 East 368.40 Feet to the point of beginning. In addition, the undersigned further grant unto the City of Ames, Iowa, its successors and assigns, and to the respective owners of Lots Two (2) , Three (3) and Four (4) of Skunk River East First Industrial Addition to Ames, Iowa, a perpetual easement as a mutual access road and as a corridor for the extension of utility services to said Lots Two (2) , Three (3) and Four (4) of Skunk River East First Industrial Addition to Ames, Iowa (said Lot Four (4) now being described as Lot Three (3) of H & B Subdivision to Ames Iowa) , upon, underground, over or across the following- described real estate: Commencing at the Northeast Corner (NE Cor. ) of Lot One (1) , Skunk River East First Industrial Addition to Ames, Iowa, thence North 88021120/1 West 178 . 4 Feet to the point of beginning, thence South 68014130/1 West 123 .8 Feet to the Northeast Corner (NE Cor. ) of Lot Three (3) in Skunk River East First Industrial Addition to Ames, Iowa, thence South 01013910/1 West 438. 85 Feet to the Southeast Corner (SE Cor. ) of said Lot Three (3) , thence South 88021120/1 East 35. 0 Feet to the Southwest Corner (SW Cor. ) of Lot Two (2) of Skunk River East First Industrial Addition to Ames, Iowa, thence North 01013110/1 East 403 . 35 Feet, thence North 4402613511 East 115. 4 Feet to the point of beginning. (This reciprocal roadway easement and utility corridor easement is a reaffirmation of that instrument filed in the office 3 80 3 of the Recorder of Story County, Iowa, on June 9, 1980, in Book 163 at page 324. ) In addition, the undersigned further hereby grant unto the City of Ames, Iowa, its successors and assigns, the perpetual right to construct, reconstruct, maintain and use utility services and apparatus with respect to a water main upon, underground, over or across the following-described portion of Lot Two (2) of H & B Subdivision to Ames, Iowa: The East Thirty-five (35) Feet of the South One Hundred Seventy-five (175) Feet thereof. The undersigned further grant unto the City of Ames, Iowa, its successors and assigns, the perpetual right to construct, reconstruct, maintain and use utility services and apparatus with respect to a sanitary sewer on the following portion of Lot Two (2) of H & B Subdivision: A Twenty (20) Foot wide easement across said Lot Two (2) which is Ten (10) Feet on each side of the following-described centerline: Commencing at the Northeast Corner (NE Cor. ) of Lot One (1) of H & B Subdivision to Ames, Iowa, thence North 01013110/1 East 98.96 Feet along the East line of said Lot Two (2) to the point of beginning, thence North 88053100/1 West 222 . 46 Feet to the West line of said Lot Two (2) and the point of ending. (This is a redefinition of an existing easement filed in the office of the Recorder of Story County, Iowa, on October 17, 1961, in Book 90 at page 28 . ) The undersigned do further hereby grant unto the City of Ames, Iowa, its successors and assigns, the right to permit other 3 PAS 8 4 utility companies to construct and, in the same manner, maintain their utility facilities, jointly or severally, upon, underground, over or across the real estate described herein. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate which is caused by the failure to use due care in the exercise of the granted rights. Dated this �1.� day of November, 1992 . WILLIAM R. FEDELER STORY CONSTRUCTION CO. , an Iowa Corporation By C]4���� A-1 hard T. hnson, ecutive ice-President By Gary W rning, Secret ry 5 STATE OF IOWA ) ss. COUNTY OF STORY ) On this Ito day of e-v ee , 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William R. Fedeler, an unmarried person, to me known to be the identical person named in and who executed the within and foregoing instrument, and acknowledged that he executed the same as his voluntary act and deed. Li t�YCOMMISSIONEXPIRES Notary Public in a d for the State of Iowa STATE OF IOWA ) ss. COUNTY OF STORY ) On this day of 1992, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard T. Johnson and Gary Warning, to me personally known, who being by me duly sworn, did say that they are the Executive Vice-President and Secretary, respectively, of the corporation executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Richard T. Johnson and Gary Warning, as officers, acknowledged the execution of the forego nc,;�, instrument to be the voluntary act and deed of the corporation, Eby" r it and by them voluntarily executed. rgrt vc Notary Public in ab f rr',theU State of Iowa r. PAGE $3