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Home My WebLink AboutA013 - Easement Agreement dated December 16, 1997 J f Instrument prepared by: Deborah S. Krauth, P.O. Box 847, Ames, IA 50010-0847; 515-232-1762 EASEMENT AGREEMENT Now, on this 16-th day of December 1997, this agreement is entered into by and between the CITY OF AMES, IOWA, and ERBEN A. HUNZIKER, TRUSTEE OF THE ERBEN A. HUNZIKER REVOCABLE TRUST, DATED JULY 29, 1992; DONALD M. FURMAN and RUTH W. FURMAN, CO-TRUSTEES OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST, DATED MARCH 1, 1991; and R. FRIEDRICH & SONS, INC. The parties agree as follows: 1. Definition of "Premises." The term "premises" as used in this declaration means: Outlots S, T and U, Somerset Subdivision First Addition, Ames, Story County, Iowa. 2. Easement. The City of Ames, Iowa, grants to Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust, Dated July 29, 1992; Donald M. Furman and Ruth W. Furman, Co-Trustees of the Donald and Ruth Furman Revocable Trust, Dated March 1, 1991, and R. Friedrich & Sons, Inc., their successors and assigns, a perpetual easement over and across the premises for the purpose of complying with the Iowa Department of Natural Resources section 401 Water Quality Certification General and Special Conditions dated , 1997, and filed for record in the office of the Recorder of Story County, Iowa, on , 1997, as Instrument No. The grantees of this easement do accept full responsibility for compliance with said conditions and do indemnify and hold harmless the City of Ames, Iowa, for compliance therewith. The City of Ames shall retain the right to construct, reconstruct, maintain (including trimming of trees) and operate public utilities, both underground and overhead, within the easement area. Any area disturbed by operation of the utilities shall be restored by Hunziker, Furman and Friedrich, at their sole expense, in compliance with the Water Quality Certification. 3. Easement to Run with the Land. These grants of easement shall run with the land and shall be binding on and shall inure to the benefit of the parties to this agreement, their respective heirs, successors and assigns. 4. Governing Law. It is agreed that this agreement shall be governed by, construed and enforced in accordance with the laws of the State of Iowa. 5. Entire Agreement. This agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement. 6. Modification of Agreement. Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing and signed by each party or an authorized representative of each party. 2 Dated this 16th day of December 1997. CITY OF AME OWA ERBEN A. HUNZIKER REVOCABLE TRUST B r BY ry R. Curti , Mayor Erben A. Hunziker, Truste By L DONALD AND RUTH FURMAN San ra L. Ryan, Ci Clerk REVOCABLE TR ST G Donald M. Furman, Co-Trustee By r h' W. Furman, Co-Truste �,e R. FRIEDRICH & SONS, INC., an Iowa rporation By r - Re hard K. rie rich, P sident By Xober4t—K. Friedrich, Jr., Vice President 3 STATE OF IOWA ) )ss: COUNTY OF STORY ) On this 16th day of December 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Ordinance No. 2508 passed (the Resolution adopted) by the City Council, under Roll Call No. 97-633 of the City Council on the 16th day of December , 1997, and that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. l Notary Public in and f6r the State of Iowa STATE OF IOWA ) )ss: COUNTY OF STORY ) On this � day of (t C'.0 �.� , 1997, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust Dated July 28, 1992, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary executed the instrument as the voluntary act and deed of the person and of the fiduciary. Notary Public in and for the State of Iowa ��ryJ �'I S/}�U�^SAN K.OLSON py� Y own J �i �ON EXPI.S 4 f STATE OF IOWA ) COUNTY OF STORY )ss:) On this day of �997, before me, the undersigned, a Notary Public in and or the State ofLl ' a,-�p*erssonnt-a�Jllly appeared Donald M. Furman and Ruth W. Furman, Co-Trustees of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that the persons, as the fiduciaries executed the instrument as the voluntary act and deed of the persons and of the f'd ciaries. J c' ,f rr ary Public in an for e State of Iowa STATE OF IOWA ) )ss: COUNTY OF STORY ) 1 /I I undersigned, aOn this ary Public in and forday the /tate � �� 1997, before me, the Friedrich and Robert K. Friedrich of Iowa, personally appeared Reinhard K. Jr., to me personally known, who being by me duly sworn, did say that they are the President and Vice President, respectively, of the corporation executing the within and foregoing instrument; 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 Reinhard K. Friedrich and Robert K. Friedrich,Jr., as officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by ' sand by them vol to i executed. DEBORAH S.KRAUTH f MYC !! Ex s o ry Public in an for the State of Iowa 5