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HomeMy WebLinkAboutA006 - Avigational Easement dated July 30, 1986 ' INST.No. - 01958 � STORY COUNTY, IOWa1 INST y' FILED FOR R CCHD FEE $ I®' 00 AVIGATIONAL EASEMENT I() AM AUG 2 II 1996 fw KNOW ALL PERSONS BY THESE PRESENTS: SUSAN L.POTTER,Recorder BY —-- Deputy That for good and valuable consideration, the receipt of which is hereby acknowledged, Iowa State University Research Foundation, Inc. , does hereby grant a permanent Avigational Easement to the City of Ames, Iowa, authorized by law to own and operate Ames Municipal Airport, for the use of "navigable airspace" as defined by the Federal Aviation Act of 1958., over all of the following-described real estate, to-wit: Lot Fourteen ( 14) and a part of Lot One ( 1 ) in Gateway Hills II, Ames , Iowa, situated in the Northeast Quarter (NE 1/4 ) of Section Sixteen ( 16 ) , Township Eighty-three ( 83 ) North, Range Twenty-four ( 24) West of the 5th P.M. , in the City of Ames, Story County, Iowa, described as: Commencing at the Southeast ( SE) Corner of the Northeast Quarter (NE 1/4 ) of the Northeast Quarter (NE 1/4 ) of Section Sixteen ( 16) , Township Eighty-three ( 83) North, Range Twenty-four ( 24 ) West of the 5th P.M. , in the City of Ames, Iowa; thence North 89°36 ' 11" West, 124. 66 Feet along the South line of the said Northeast Quarter (NE 1/4 ) of the Northeast Quarter (NE 1/4 ) of said Section Sixteen ( 16 ) ; (the following calls are along the Northwesterly Right-of-Way line of U.S. Highway #30 and the Southeasterly lines of the Final Plat of Gateway Hills II, Ames, Iowa) thence South 00°37 ' 23" West, 141 . 80 Feet; thence South 48046 ' 58" West, 270. 35 Feet; thence South 81053 ' 04" West, 634 . 32 Feet; thence North 81030114" West, 150 . 03 Feet to the Point of Beginning, also being the Southeast ( SE) Corner of Lot Fourteen ( 14) , Gateway Hills II, Ames, Iowa; (the following calls are around said Lot Fourteen ( 14) and include that part of Lot One ( 1 ) , Gateway Hills II, Ames, Iowa, which is included within this plat) thence continuing North 81°30 ' 14" West, 402 . 16 Feet; thence North 63°06 ' 35" West, 152 . 74 Feet ; thence North 34°36 ' 00" East, 78 . 56 Feet; thence Northeasterly along a 126 . 10 Foot radius curve, concave Southeasterly, an arc distance of 73 . 06 Feet (the long chord bears North 17°59 ' 50" East, 72 . 04 Feet) ; thence North 34036 ' 00" East, 155 . 22 Feet; thence Southeasterly, along a 148 . 71 Foot radius curve, concave Northeasterly, an arc distance of 136 . 70 Feet (the long chord bears South 60°40 ' 00" East, 131 . 94 Feet) ; thence South 87°00 ' 00" East 30 . 00 Feet ; thence Southeasterly, along a 195 . 22 Foot radius curve, concave Southwesterly, an arc distance of 236 . 52 Feet (the long chord bears South 52018100" East, 222 . 32 Feet) ; thence South 17035 ' 00" East, 36 . 00 Feet; thence Southeasterly along a 224 . 26 Foot radius curve, concave Northeasterly, an arc distance of 95 . 74 Feet� (the long chord bears South 29°49 ' 00" East, 95 . 01 Feet) ; thence South 70 . 50 Feet to the Point of Beginning. G60K�� PAGE a l 4 -2- By virtue of this easement, the grantor, for and on behalf of itself and all successors in interest to any and all of the real property above-described, waives as to the City of Ames, Iowa, only, any and all claims for damage of any kind whatsoever incurred as a result of aircraft using the "navigable airspace" granted herein. This easement does not grant or convey any surface use rights, nor is it to be construed to grant any right to private persons or corporations . "Navigable airspace" means airspace above the minimum altitudes of flight prescribed by regulations issued under the Federal Aviation Act of 1958 , Section 101 ( 24 ) , 49 U.S. Code' 1301 , and shall include airspace needed to insure safety in the takeoff and landing of aircraft. To have and hold said easement forever. I IN WITNESS WHEREOF, the grantor has signed this V instrument this day of ���� 1986 . IOWA STATE UNIVERSITY RESEARCH FOUNDATION, INC. h� By , ✓y Rich rd F. Ro s , Pre dent By if en, Jr. , Secretar STATE OF IOWA ) ss . COUNTY OF STORY ) On thisU day of 1986 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Richard F. Ross and Daniel L. Griffen, Jr . , to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of- said' corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors ; and that the said Richard F. Ross and Daniel L. Griffen, Jr. , as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa APPROVED AS TO FORM BY Juanita Lovejoy John R Maus I_ City',Attorney BOOK PAGE a�U F L E- 01958 STO,y CGUi4TY Ri= io��ffi , 956 w�AUGAA U 2 M, �8 �� I Aiw,PO BOOKc�-PAGE STATE OF IOWA ss Story County Ent"q for taxation this of, A.® 79 C0Unill U C;`s :sr By Deputy i