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Home My WebLink AboutA010 - Water Main, Sanitary Sewer and Storm Sewer Right-of-Way Permit and Easement J M WATER MAIN, SANITARY SEWER AND STORM SEWER RIGHT-OF-WAY PERMIT AND EASEMENT The undersigned, MID-LAND RESIDENTIAL VENTURES, INC. , a Kansas Corporation, and AMES HOUSING ASSOCIATES LIMITED PARTNERSHIP, by Mid-Land Residential Ventures, Inc. , its General Partner, and in consideration of the sum of One Dollar ($1. 00 ) and other good and valuable consideration, the receipt of which is hereby acknowledged, said parties being individually and collec- tively referred to as "Grantor" , do hereby grant to the City of Ames, Iowa, a municipal corporation, its successors and assigns, if any, a perpetual right to construct, reconstruct, maintain and use the following: 1. Its water main lines, consisting of all underground water mains, connections, hook-ups and other similar equipment or any part thereof, for the sole purpose of general water main use, together with the right to go upon the premises, make repairs, install mains, connect to existing mains and to extend the said main to any other property or locations with the said easement area described below for the safe operation of water mains upon, underground or adjacent to the real estate located in Prairie West, an Official Plat, now included in and forming a part of the City of Ames , Iowa, and more specifically described in Exhibit "A" , said Exhibit "A" being by reference incorporated and made a part hereof as if set forth verbatim herein. 09340 INST.NO. STORY COUNTY, IOWA FILED FOR RECORD!1w AW APR 15 1992 PM SUSAN L VANDE KAW,Rawrder BOOK 3.2-3 PAGE 15 - Recording Fa • Co Auditor`:Fee t WATER MAIN, SANITARY SEWER AND STORM SEWER 2 . Its sanitary sewer lines, consisting of all underground sanitary sewer lines, connections, hook-ups and other similar equipment or any part thereof, for the sole purpose of general sanitary sewer use together with the right to go upon the premi- ses, make repairs, install lines, connect to existing lines and to extend the said lines to any other property or location within the said easement area described below for the safe operation of sani- tary lines upon, underground or adjacent to that real estate located in Prairie West, an Official Plat, now included in and forming a part of the City of Ames, Iowa, and more specifically described in Exhibit "B" , attached hereto by reference incor- porated and made a part hereof if as set forth verbatim herein. 3 . Its storm sewer lines, consisting of all underground storm sewer lines, connections, hook-ups and other similar equip- ment or any part thereof, for the sole purpose of general storm sewer use, together with the right to go upon the premises, make repairs, install lines, connect to existing lines and to extend the said lines or mains to any other property or location within the said easement area described below for the safe operation of storm sewer lines upon, underground or adjacent to the real estate located in Prairie West, an Official Plat, now included in and forming a part of the City of Ames, Iowa, and more specifically described in Exhibit "C" , attached hereto by reference incor- porated and made' a part thereof if as set forth verbatim herein. The foregoing right is granted upon the express condition -2- WATER MAIN, SANITARY SEWER AND STORM SEWER that the City of Ames will assume liability for all damage to the herein described property caused by the City' s failure to use due care in its exercise of the granted right. SIGNED this day of March, 1992 . MID-LAND RESIDENTIAL V NTU E , INC. By Bruce L. Christenson, Its President BY nIRAfi't� Ndficy P_ Seitz , Pts Vice-President AMES HOUSING ASSOCIATES LIMITED P TNERSHIP BY: MID-LAND RESIDENTIAL VENT E , INC. , Its General Partner, By Bruce L. Christenson, Its President By Nancy . Seitz , It-6 Vice-President STATE OF KANSAS ) )ss COUNTY OF SHAWNEE) On this q day of March, 1992 , before me, the under- signed, a Notary Public in and for the State of Kansas, personally appeared BRUCE L. CHRISTENSON and NANCY C. SEITZ, to me personally known, who being by me duly sworn, did say that the President and Vice-President, respectively, of Mid-Land Residential Ventures, Inc. , the General Partner for Ames Housing Associates Limited Partnership; that no Seal has been procured by said corporation or limited partnership; that said instrument was signed on behalf of the corporation by authority of its Board of Directors for Ames Housing Associates Limited Partnership; and that the said President and Vice-President of the Corporation, as such officers, acknowledged. the execution of said instrument to be the voluntary act arrd*� e •o£.Mid-Land Residential Ventures , Inc. , as the Geneir � .ar. 'for Ames Housing Associates Limited Partnership, by:i�a'nd by `�, ,dd-;voluntarily executed. U: NOTARY pUBM • '•.l� Notary Public i and for the State of Kansas �� ®F .` -3- M...3 .PAGE .L....�. WATER MAIN, SANITARY SEWER AND STORM SEWER STATE OF KANSAS ) COUNTY OF SHAWNEE) On this _q day of March, 1992 , the undersigned, a Notary Public in and for the State of Kansas, personally appeared Bruce L. Christenson and Nancy C. Seitz , to me personally known, who being by me duly sworn did say that they are the President and Vice-President of said corporation; that no seal has been pro- cured by said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said President and Vice-President as such officers acknowledged the execution of said instrument to be the voluntary act and dgpA .of said corporation, by it and by them voluntarily executeer •. V;• NOTARY •• • PUBIJC ,.n Notary Public in and for the State of � •' • Kansas 7t O�t�R°" -4- BOOK._.e..,,3.�PAGE�• EXHIMT A "A 10 . 00 foot. wide Water Main Easement across a portion of Lot 1, Prairie_ West, an official Plat, Ames, Story county, Iowa, said easement being 5 . 0 feet on both sides of the following described centerline : Commencing at the N . W. Corner of Lot 1, Prairie West, an Official Plat, Ames, story County, Iowa; thence S000-00 ' -00",E, along the West line of said Lot 1, a distance Of 130 . 00 feet to the Point of Beginning; thence N900-00 ' -0011E, a distance of 145 . 00 feet; thence S600 -32 ' -12"E, a distance of 54 . 89 feet; thence S000-00 ' -00"E, a distance of 150 . 00 feet; thence S591-511 `21"W, a distance of 55 . 76 feet; thence S90°--00 ' -00"W, a distance of 3.45 . 00 feet, to a point on the West Line of said Lot 1, where said centerline terminates . And Commencing at the N .W. Corner of Lot 1, Prairie West, an Official Plat, Ames, stogy County, Iowa; thence SOO* -00 ' -00"E, along the West line of said Lot 1, a distance of 130 . 00 feet; thence N900-001 -001'E, a distance of 145 . 00 feet; thence S601-32 ' -1211E, a distance of 54 . 89 feet; thence S00-0 -00 ' --00"Et a distance of 5 . 0 feet, to the Point of Beginning; thence N900-00 ' -00"E, a distance of 11 . 00 feet; thence N300-06 " -41"E, a distance 21 . 00 feet, where said centerline terminates . And Commencing at the N .W. Corner of Lot 1, Prairie West, an Official Plat, Ames, Story County, Iowa; thence S000-00 ' -00"E, along the West line of said Lot 1, a distance of 335 . 00 feet; thence N900-001 -0011E, a distance of 145 . 00 feet; thence N590-51 ' -2111E, a distance of 5 . 00 feet, to the Point of Beginning; thence S000--001 -0011E, a distance of 21 . 00 feet, where said centerline terminates . " BOOK�a'3 PAGE.. / EXHIBIT A continued "A 10 . 00 foot wide Water Main Easement across a portion of Lot 18, Prairie West, an Official Plat, Ames, Story County, Iowa, said water main easement being 5 . 0 feet on both sides of the following described centerline : Commencing at the most Easterly Conner of Lot 18, Prairie West, an Official Plat, Ames, Story Cou:Ity, Iowa, thence Northwesterly, along the Easterly line of said Lot 18, a distance of 127 . 81 feet; thence N000-00 ' -00"E, continuing along the East line of said Lot 18, a distance of 202 . 55 feet to the Point of Beginning; thence N900-00 ' -001,W, a distance of 95 . 00 feet; thence S000-00 ' -0011E, a distance of 18 . 00 feet, where said centerline terminates . And Commencing at the most Easterly Conner of Lot 18, Prairie West, an Official Plat, Ames, Story County, Iowa, thence Northwesterly, along the Easterly line of said Lot 18, a distance of 127 , 81 feet; thetice N00°-00 ' -00"E, continuing along the East line of said Lot 1.8, a distance of 342 . 55 feet to the Point of Beginning; thence N9o,,-00 ' -00"W, a distance of 95 . 00 feet; thence N00°-00 ' -00"W, a distance of 10 . 00 feet, where said Centerline terminates . " "A 20 foot wide Water Main Easement across a portion of Lot 18 , prairie West, an Official Plat , Ames , Story County, Iowa , said water main easement being 10 feet of both sides of the following described centerline : Commencing at the S .W. Corner of Lot 18 , prairie West, an Official Plat , ,Ames , Story County, Iowa, said point also being the S .W. Corner of the S .W. 1/4 of the N.W. 1/4 of Section 34 'Township 84 North Range 24 West of the 5th P.M. ; Thence N890-15' -01"E, along the South line of the S .W. 1/4 of the N.W. 1/4 of said section 34 , a distance of 80 . 01 feet , to the Point of Beginning; thence N000--00 ' -00"E a distance of 169 .15 feet ; thence N900-00 ' -00"E, a distance of 104 . 00 feet; thence o_ . - ,� N44 00 00 E, a distance of 29 . 18 feet, to a point on the Easterly line of said Lot 18 , where said centerline terminates . " BO OK 3 PAGE .