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HomeMy WebLinkAboutA001 - Easement MT. NO. q6 - 05209 STORY COUNTY, IOWA FILED FOR RECORD // MAY 1 19 6'/ PM W N 1.VAW KEPI Re= EASEMENT q,=drp Fee$J/' Ct kxlws Fee$ 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 shown on Schedule "A" attached hereto and by this reference made a part hereof, all within Fourteenth 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 utility and high-pressure gas main easements located within the Subdivision. 2 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 shown on Schedule "B" attached hereto and by this reference made a part hereof, all within Fourteenth 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 shown on Schedule "C" attached hereto and by this reference made a part hereof, all within Fourteenth 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 system for surface drainage over and across: As shown on Schedule "D" attached hereto and by this reference made a part hereof, all within Fourteenth Addition, Northridge Parkway Subdivision to Ames, Iowa. We further grant to the City of Ames, a non-exclusive right to use the following described real estate as a walkway path (without fences) : lu _ 05209 00 3 As shown on Schedule "E" attached hereto and by this reference made a part hereof, all within Fourteenth 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. Dated this'a+�k day of , 1996. Erben A. Hunziker, as rustee Donald M. Furman and Ruth W. of the Erben A. Hunziker Furman, as Trustees of the Revocable Trust dated Donald and Ruth Furman July 28, 1992 Revocable Trust dated March 1, 1991 BUCK CONSTRUCTION COMPANY, INC. R. FRIEDRICH AND SONS, INC. By: By: R bo ert O. Buck, President kftert K.-Friedrich Chairman y: Anne K. Buck, Secretary Reinhard' K.- Fri i h, President `1�a — 05209 (3) 4 STATE OF IOWA, STORY COUNTY, ss: On this-�lT � day of 1996, 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. INGRID R.NESBIT MY COMMISSION EXPIRES December 5,1997 Notary lic in and fo the State of Iowa STATE OF IOWA, STORY COUNTY, ss: C��On thisc'3� day of , 1996, before me, the undersigned, a Notary Public i 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 voluntary act and deed of the persons and of the fiduciaries. oa'ML INGRID R.NESBIT MY COMMISSION EXPIRES Decert►ber5,1897 '`✓ owe ` Notary u lic in and for the State of Iowa STATE OF IOWA, STORY COUNTY, ss: On thi99)*day of 1996, before me, the undersigned, a Notary Public iW 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 k- 05209 Cif) 5 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. o~ ' ICOMMI COMMISSION NESBR MV COMMISSION EXPIRES .ow Do mber5,1997 Notary P, lic in and for he State of Iowa STATE OF IOWA, STORY COUNTY, ss: On this ) day of ()I, L^ 1996, before me, the undersigned, a Notary Public in an for the State of Iowa, personally appeared Robert K. Friedrich,_ nd Reinhard K. Friedrich, to me personally known, who being by me duly sworn, did say that they are the Chairman and President, 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. DOCKnbe INGRID R.NE98rr W COMMISSION EXPIRES owe f 5,1997 `J- Notary P b is in and for th State of Iowa 6 SCHEDULE "A" GENERAL UTILITY EASEMENTS The North 10 feet of Lots 22 , 23 , 31, 34 and 35; The Northeasterly 10 feet of Lots 14 , 15, 16, 17 , 18, 19, 20, 21, 32, and 33 ; The Northwesterly 10 feet of Lot 30; The Northwesterly 5 feet of Lot 29 ; The South 10 feet of Lots 1, 2 , 24 and 25; The Southeasterly 5 feet of Lot 28; The Southwesterly 10 feet of Lots 3 , 4 , 5, 6, 7, 8 , 9 , 10, 11, 12 , 26, 27, 28, and 29; The Southwesterly 5 feet of the Northeasterly 20 feet of Lots 3 , 4, 5, 6, 7, 8, 9, 10, 11, and 12; The South 5 feet of Lots 4 and 11; The West 10 feet of Lot 13 ; and All of Lots "EE" and "FF" . ��- 05209 �( SCHEDULE "B" SANITARY SEWER EASEMENTS The Northwesterly 5 feet of Lot 8 ; and All of Lot "FF" . q(�- 05209 ��� 8 SCHEDULE "C" STORM SEWER EASEMENT The Southeasterly 5 feet of Lots 7, 18, and 28; the Northwesterly 5 feet of Lot 29; a 15 foot wide easement across a part of Lot "EE"; and 5 feet on the Northwesterly side and 10 feet on the Southeasterly side of the following described waterline: "Beginning at the NE corner of Lot 28, thence N 30°59'35" E, 128.41 feet to the Southwesterly line of Evergreen Road and the point of Ending"; and; All of Lot "FF. 9� - 05209 �$� Y 9 SCHEDULE "D" SURFACE DRAINAGE The Southeasterly 5 feet of Lots 7, 18, and 28; the Northwesterly 5 feet of Lot 29; and All of Lots "EE" and "FF". `7�O 05209 �9 l J 10 SCHEDULE "E" WALKWAY PATH The Northeasterly 20 feet of Lots 3 , 4, 5, 6, 7 , 8 , 9 , 10, 11, and 12 . 05209 06) J