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HomeMy WebLinkAboutA001 - Easement 0 '►�° � �4 � �$ EASEMENT kop We, Erben A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992, and Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991; 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 Twelfth 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 2 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 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 Twelfth 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 Twelfth Addition, Northridge Parkway Subdivision to Ames, Iowa. f 3 We further grant to the City of Ames, Iowa, the right to use the following described real estate as part of its storm sewer system for surface drainage over and across: As described on Schedule "D" attached hereto and by this reference made a part hereof, all within Twelfth 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. Erben A. Hunziker, as rVrustee Donald M. Furman and Ruth W. of the Erben A. Hunzi er Furman, as Trustees of the Revocable Trust dated Donald and Ruth Furman July 28, 1992 Revocable Trust dated March 1, 1991 �TE�, .(�PNSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC. mow. x� 0 . v J 3 hf +q.N o ert O. Buck, President Ro ert K. Friedrich, President 4�nZe y: � K. Buck, Secretary hard ried ch, 12259 Secretary q� C3� 4 STATE OF IOWA, STORY COUNTY, ss: On this day of 1994 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker as Trustee of the Erben A. Hunziker Revocable Trust dated July 28, 1992 , as to me known to be the identical person named in and who executed the foregoing instrument, and acknowledge that the person, as the fiduciary, executed the instrument as the voluntary act and deed of the person and of the fiduciary. STSTACIE R.McCLURE W C0M MLawN EXPIRES Notary Public in and for said Sta STATE OF IOWA, STORY COUNTY, ss: On this �_ day of4 1994 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Donald M. Furman and Ruth W. Furman, as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, as to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledge that the persons, as the fiduciaries, executed the instrument as the ,,.•;Voiuntary act and deed of the persons and of the fiduciaries. otary Pu is in and said State --.STAT'E* bF' IOWA, STORY COUNTY, ss: D On this day of Coto et- , 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 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. . SAN K.OLSON (.c� CaMMIS 10 w OTARY PUBLIC In and For The State of Iowa �c11 � 7 ��' 12259 ��� i 5 STATE OF IOWA, STORY COUNTY, ss: On this � day of OcC oljer 1994 , 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. SUSM w OLSON OTARY PUBLIC In and For The State of Iowa OWP W JL=59 (6) GENERAL UTILITY EASEMENT LIST SUMMARY SCHEDULE "A" North 10 feet of Lots 1 , 2, 3, 4, 5, 8, 9, 10, *1 1 , 12, 17, 18. North 5 feet of Lot 7. Northwesterly 10 feet of Lots 1 , 6, 12 and 14. Northeasterly 10 feet of Lots 7, 13 and 16. Northeasterly 5 feet of Lot 14. South 10 feet of Lots 2, 3, 4, 5, 8, 9, 10, 11 , 12, 13, 14, 17 and 18. Southwesterly 10 feet of Lots 7 and 16. Southwesterly 5 feet of Lot 15. South 5 feet of Lot 6. East 10 feet of Lots 1 ,6 and 15. West 10 feet of Lots 15 and 18. All of Lot "AA". SCHEDULE "B" (SANITARY SEWER) Th e South 5 feet of Lot 6; The North 5 feet of Lot 7; The Southwesterly 5 feet of Lot 12; A Thirty (30) foot wide easement; Fifteen 0 5) feet on each side of the following described centerline; across Lot "AA": "Commencing at the Northeast (NE) corner of Lot Eleven (1 1 ); thence Northeasterly, along a 203 foot radius curve, concave northwesterly, an arc distance of 10.01 feet (the long chord bears N 50' 51 ' 39" E, 10.01 feet), to the Point of Beginning; thence S 41 ° 57' 49" E, 329.88 feet; thence S 121 39' 26" E, 7.66 feet to the Point of Ending." A Ten 0 0) foot wide easement; Five (5) feet on each side of the following described centerline; across Lot "AA": "Beginning at the Northwest (NW) corner of Lot Seven (7); thence S 820 18' 58" W, 12.48 feet to the Point of Ending." 7 12259 ��v� r SCHEDULE "C" (STORM SEWER) The Southwesterly 5 feet of Lot 1 ; The Northeasterly 5 feet of Lot 2; The Northeasterly 5 feet of Lot 11 A Thirty (30) foot wide easement; Fifteen (15) feet on each side of the following described centerline; across Lot "AA": "Commencing at the Northeast (NE) corner of Lot Eleven (1 1 ); thence Northeasterly, along a 203 foot radius curve, concave northwesterly, an arc distance of 10.01 feet (the long chord bears N 501 51 ' 39" E, 10.01 feet), to the Point of Beginning; thence S 41 ° 57' 49" E, 329.88 feet; thence S 121 39' 26" E, 7.66 feet to the Point of Ending." SCHEDULE "Y (SURFACE DRAINAGE) The Southwesterly 5 feet of Lot 1 ; The Northeasterly 5 feet of Lot 2; The Northeasterly 5 feet of Lot 11 The Southwesterly 5 feet of Lot 12; The West 5 feet of Lot 17; The East 5 feet of Lot 1 8; All of Lot "AA", (including water detention).