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HomeMy WebLinkAboutA001 - Easement S• ,gip Q� �OwN 3'I �N °No. Y OpvNeO REOV0 3 $TO ED Fpa l`M F' p 3199400 ,vN USp,N1. A ices% EASEMENT We, Erben A. Hunziker and Margaret H. Hunziker, husband and wife, and Donald M. Furman and Ruth W. Furman, husband and wife; R. Friedrich & Sons, Inc. ; and Buck Construction Company, Inc. , of Ames, Story County, Iowa, 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: As described on Schedule "A" attached hereto and by this reference made a part hereof, all within Eleventh 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 2 above. We reconfirm and acknowledge the existence of all other utility and high-pressure gas main easements located within the Subdivision. We further grant to the City of Ames, Iowa, its successors and assigns, the perpetual right to construct, reconstruct, maintain and use its sanitary sewer system upon, underground, over or across the following described real estate: As described on Schedule "B" attached hereto and by this reference made a part hereof, all within Eleventh Addition, Northridge Parkway Subdivision to Ames, Iowa. We further grant to the City of Ames, Iowa, 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: As described on Schedule "C" attached hereto and by this reference made a part hereof, all within Eleventh Addition, Northridge Parkway Subdivision to Ames, Iowa. We further grant to the City of Ames, Iowa, the right to use the following described real estate as part of its storm sewer 3 system for surface drainage over and across: As described on Schedule "D" attached hereto and by this reference made a part hereof, all within Eleventh Addition, Northridge Parkway Subdivision to Ames, Iowa. We further grant to the City of Ames, Iowa, the right to: 1 . Use the Northeasterly 20 feet of Lot 1 for a walkway path (without any fences) ; 2 . Use the West 75 feet of Lot 23 , 26 and 27 for a Greenbelt, walkway and flood plane area; all within Eleventh Addition, Northridge Parkway Subdivision to Ames, Iowa. 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. 4 Dated this 1 day of 1994. Erb 'A. Hunziker Donald M. Furman Mar ar H. Hunziker R h W. Furman BUCK CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC. By. . Robert O. Buck, President Robert K. Friedrich, President By: By: Anne K. Buck, Secretary Re and K: -Pk-i-d--drien, Secretary STATE OF IOWA, STORY COUNTY, ss: On this c:ntt day of 1994 , before me, a Notary Public in and for said Coun y 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, 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. K STACIF R.MCCLUREY COMMISSION EXPIRES L- OTARY PUBLIC In and For The State of Iowa STATE OF IOWA, STORY COUNTY, ss: On this a�ftt\ day of �, 1994 , 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 5 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. STACIE R.McCLURE MY COMMISSION EXPIRES OTARY PUBL C In and For The State of Iowa I STATE OF IOWA, STORY COUNTY, ss: On this day of 1994 , before me, the undersigned, a Notary Public inland 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. NEW MEFLMCCLURE NOTARY PUBLIC In and For The State of Iowa ON EXPIRES SCHEDULE "A" North 10 feet of Lots 1, 2, 3, 4, 5, 24, 28, 29, 30, 43, 44, 45, 46, 47, 48 and 49. Northeasterly 10 feet of Lots 13, 16, 27 and 32. Northwesterly 10 feet of Lots 7, 8, 9, 10, 11 , 14, 33, 35, 36, 37, 38, 39, 40, 41 and 42. North 5 feet of Lots 6 and 21 . Northeasterly 5 feet of Lot 33. Northeasterly 20 feet of Lot 1 . South 10 feet of Lots 1, 2, 3, 4, 5, 6, 17, 22, 25, 29, 43, 44, 45, 46, 47, 48 and 49. Southeasterly 10 feet of Lots 7, 8, 9, 10, 11 , 12, 14, 16, 26, 33, 36, 37, 38, 39, 40, 41 and 42. Southwesterly 10 feet of Lots 12 and 13. Southwesterly 5 feet of Lot 34. East 10 feet of Lots 1 , 7, 15, 17, 18, 19, 20, 21, 22, 23, 24, 25, 28, 30, 31 , 34, 42, 49. East 5 feet of Lots 14, 29 and 32. West 10 feet of Lots 6, 16, 17, 18, 19, 20, 21 , 29, 34, 35 and 43. Westerly 10 feet of Lot 15. West 5 feet of Lots 13 and 33. All of Lots "U", "V", "W", X", "Y" and "Z". Part of Lot 35: A triangular area in the Southeasterly 10 feet. SCHEDULE "B" (SANITARY SEWER) A ten foot wide easement; 5 feet on each side of the following described centerline located on Lot 33 : "Commencing at the SW corner of Lot 34 ; thence S 77026137" E, 25. 0 feet along the north line of Lot 33 to the point of beginning, thence S 8201815811 W 27 . 53 feet to the point of ending, " and A ten foot wide easement; 5 feet on each side of the following described centerline located on Lot 34 : "Commencing at the SW corner of Lot 34 ; thence S 77026137" E, 25. 0 feet along the south line of Lot 34 to the point of beginning; thence N 82018158" E, 82 . 41 feet to the point of ending. " SCHEDULE "C" (STORM SEWER) East 5 feet of Lot 32 ; West 5 feet of Lot 33 and a ten foot wide easement; five feet on each side of the following described centerline located on Lot 33 : "Commencing at the NW corner of Lot 33 ; thence S 12013158" E, 60. 0 feet along the west line of Lot 33 , to the point of beginning; thence S 45136146" E 53 . 33 feet to the point of ending" ; East 5 feet of Lot 47 ; West 5 feet of Lot 48 ; and A ten foot wide easement; 5 feet on each side of the following described centerline located on Lot X: "Commencing at the SW corner of Lot 33 ; thence N 67012126" E, 29 . 85 feet along the southeasterly line of Lot 33 , to the point of beginning; thence S 45036146" E 23 . 59 feet; thence S 05028 - 28" E, 17 . 0 feet to the point of ending. " SCHEDULE "D" (SURFACE DRAINAGE) The North 5 feet of Lot 19; The South 5 feet of Lot 20; The East 5 feet of Lot 32 ; The South 10 feet of Lot 32 (including water detention ( g ) ; The West 5 feet of Lot 33 ; The Southeasterly 10 feet of Lot 33 (including water detention) ; The Northeasterly 5 feet of Lot 36; The Southwesterly 5 feet of Lot 37 ; The Southeasterly 10 feet of Lot 40 (including water detention) ; The Southeasterly 10 feet of Lot 41 (including water detention) ; The Northeasterly 5 feet of Lot 41; The Southeasterly 10 feet of Lot 42 (including water detention) ; The Southwesterly 5 feet of Lot 42 ; The East 5 feet of Lot 47 ; The West 5 feet of Lot 48 ; and The Southerly part of Lot X, adjacent to Lots 32 and 33 (including water detention)