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HomeMy WebLinkAboutA005 - Easement EASEMENT o t� We, Erben A. Hunziker and Margaret H. Hunziker, husband and c H C=i wife, and Donald M. Furman and Ruth W. Furman, husband and wife; o � R. Friedrich & Sons, Inc. ; and Buck Construction Company, Inc. , of Ames, Story County, Iowa, in consideration of the sum of One o on Dollar, receipt of which is hereby acknowledged, do hereby grant ro to the City of Ames, Iowa, a municipal corporation, its successors N O and assigns, the perpetual right to construct, reconstruct, H 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 k z the following described real estate: y ro The Northerly 10 feet of Lots 1, 2 , and 5; The Northeasterly 10 feet of Lots 19, 20, and 21; The Northwesterly 10 feet of Lots 4 , 5, 6, 7 , 8 , 15, 16, 17 , 18, and 21; The North 5 feet of Lot 27 ; KThe Northeasterly 5 feet of Lots 7 , 11, and 15; 0 The Northwesterly 5 feet of Lots 2 , 22 , 23 , 24 , w JtI3 25, 26 and 27 ; The Northwesterly 20 feet of Lots 11, 12 , and '— 13 ; o The Southerly 10 feet of Lots 1 and 13 ; d ® W Oct ® „ The Southeasterly 10 feet of Lots 10, 12 , 22 , z 23 , 24 , 25 and 26; o A The Southwesterly 10 feet of Lots 2 8 and 9 • The Southeasterly 5 feet of Lot 1; 573 74 2 The Southwesterly 5 feet of Lots 12 , 14, 21, 22 and of the Northwesterly 13 . 69 feet of Lot 20; The Southeasterly 20 feet of Lots 3 , 4 , 5, 6 and 7 ; The Easterly 10 feet of Lots 11 and 27; The East 20 feet of Lots 9 and 19; The Westerly 10 feet of Lots 1, 3 , and 14 ; The West 20 feet of Lots 10 and 18; That part of Lot 2 described as: "Beginning at the Southeast (SE) corner of Lot Two (2) ; thence S 731 01 ' 21" W, 38.41 feet; thence N 310 00 ' 25" W, 6. 93 feet; thence N 59° 00 ' 25" W, 195. 49 feet; thence S 870 11 ' 45" E, 105. 85 feet; thence S 590 00 ' 25" E, 119 . 00 feet; thence S 000 19 ' 02" E, 28 . 94 feet to the Point of Beginning; " That part of Lot 3 described as: "Beginning at the Northeast (NE) corner of Lot Three (3) ; thence S 000 19 ' 02" E, 57. 51 feet; thence S 460 35 ' 35" W, 194 . 56 feet; thence N 58° 59 ' 32" W, 20. 76 feet; thence N 460 35 ' 35" E, 196.44 feet; thence N 310 00 ' 25" W, 40. 03 feet; thence N 730 01 ' 21" E, 38 .41 feet to the Point of Beginning; " A triangular area in the Southeasterly 20 feet of Lot 5; and All of Lots S and T, all within the Tenth Addition, Northridge Parkway Subdivision to Ames, Iowa. 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 or across the real estate as described above. We reconfirm and acknowledge the existence of all other 573 ,f5 } 3 utility and high-pressure gas main easements located within the Subdivision. 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 �U ' day of f�;�i�� c�14��.1� , 1993 . Erb A. Hunziker Donald M. FuIrman Mar, re unziker With W. Furman BUCK:,CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC. By': By Robert O. Buck, President Robert K. F'riecIrTch, President By: By: Ann K. Buck, Secretary Re ' nhard K. F dri.c , Secretary STATE OF IOWA, STORY COUNTY, ss: On this 'f" day of �� -( 1993 , before me, a Notary Public in and for said County and State, personally appeared Erben A. Hunziker and Margaret H. Hunziker, husband and wife, and Donald M. Furman and Ruth W. Furman, husband and wife, 573 76 4 to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. &A ` p0�gpd NOTARY PUBLIP In and For T State of Iowa STATE OF IOWA, STORY COUNTY, ss:Z On this -- day of a,)C (0ZK , 1993 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert O. Buck and Anne K. Buck, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of the corporation executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Robert O. Buck and Anne K. Buck as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. �YHOMPSON EXPIRES NOTARY PUBLIC In and or The State of Iowa r STATE OF IOWA, STORY COUNTY, ss: On this � day of ALLAer"Ler" , 1993 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert K. Friedrich and Reinhard K. Friedrich, to me personally known, who being by me duly sworn, did say that they are the President and Secretary, respectively, of the corporation executing the within and foregoing instrument to which this is attached, 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 Robert K. Friedrich and Reinhard K. Friedrich as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. NOTARY PUBILIC In For The State of Iowa SUS%N J.THOMPSON MY COMMISSION EXPIRES •pow. March 22,1996 573 77 WOK PAGE ADDENDUM TO EASEMENT The owners also grant to the City of Ames the right to use all of Lot S within Tenth Addition, Northridge Parkway Subdivision to Ames, Iowa, for storm water storage as a part of the City's storm sewer system, subject to the obligation of the City to maintain the area free of siltation and other debris washed in by storm water, and subject further to the obligation of the owners, their heirs and assigns, being obligated to mow the area at least once each calendar year. 573 78