HomeMy WebLinkAboutA009 - Description of easement vacation � 1
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No. 53 J T & S Development Company Right of Way Permit and
By T. B. Heggen, President Easement
By Richard T. Johnson, Secretary
(No Seal)
T. B. Heggen and Betty Heggen, .. Consideration $1.00
husband and wife; K. J. Bartels
and Catherine E. Bartels, husband
and wife; Bert Carney and Nancy . Dated: November 14, 1974
K. Carney, husband and wife Ack'd: November 14, 1974
By T. H. Heggen, as Attorney Filed: November 27, 1974
in fact ,
To .
City of Ames, Iowa .. Recorded in. Book 125page 672
We, J T & S .Development Company; T.." B: Heggen and
Betty Heggen, husband and wife; K. J: Bartels and Catherine E.
Bartels, husband and wife; Bert Carney and- Nancy K. Carney,
husband wife,) 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:
- The West Five .(5) Feet of Lots l; 3; 7, �nda 9,
:The West 'Ten (10) Feet of Lots 2 4 5,
The South Five -(5) Feet' of Lots. 1, 8, and 9;
The East Five (5) Feet of Lots 1, 3, 4, 6, and 9; .
The East -ten (10) Feet of Lot 5;
G The North E7ive (5) Feet of Lots 1, 6, and 7;
The North Ten (10) Feet of Lot 2;
A 10-foot wide strip along the southerly side of
'b Lots 2, 3, 4, and 5 ;
- a 5- BY -
Feet wide strip described as the East Five :
Feet of the West 297.-8 Feet of Lot. 1;
all within Southtown Subdivision to Ames,- Iowa, for the sole -
purpose of conveying electric current for power and lighting"-
purposes, together with the right to trim any trees to -allow for .
clearance of at least four feet, where necessary, for the safe
operation and use of overhead electric lines. We further grant
to the City of Arries, 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.
O.
1GE
No. 53 Said owners do hereby grant to the City of Ames, Iowa,'
Cont'd a municipal corporation, its successors and assigns, the perpetual
right to construct, reconstruct, and maintain a storm- sewer
upon, underground, or across the following described real estate:
The West Ten .(10) Feet of hot 4 ;
The East Ten (10) .Meet of Lot 5;
all within Southtown Subdivision to ...
Ames, Iowa.
Said owners do-hereby grant to the City of Ames, Iowa;
a municipal corporation, its successors and assigns, the perpetual
right to construct, reconstruct, and maintain a water main and
water utility easement upon, underground, or across the following
described real estate:
The East Thirty (30) Feet of Lot 2, in Southtown
Subdivision- to Ames, Iowa. . '
The foregoing rights are granted upon- the express con-
dition that the City of Ames will assume liability for all damage
to the hereinbefore described real estate caused by the City's :
failure to use due care in its exercise of the granted right.
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A parzt o�` z�he /1C lt!'/s of Section %�- T,o.83 N R.21,(JY Zi e J-0P_�3f, Sfory C'o/.n y Zo.i a,
: __ descre6ecl as Jcollous= Caln ncneiny at Zhe AVECorner of 5oulfi along �`fJe
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feel,�/_7,ht &,ce MesZ; 73.0 feel to e poirr
T/ieixe lt�cst 5`/O.D Jcee7`, Thence /YOrCh 207 O Jceel; Thence /1/89•�330{!/'along aline
;oorallcl to and �f0 fecz` 5ouzifie!-1 fi ors lrhe /1/aith lrire of tLhP /1!lt!%s� 706.`f7
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Al 7Z'/7' Z.., along Me No!z'h F�O.L1/ lane of Ro�,p Thence /Yor2�/reQsler! on Q
/066 Yooe radius curve c>Dnca,,c z`o Z-he /1!lt/. a,-rd conitfntrrii9 alony safe r�rinp R_D.P.; e lorry
chord 6earciry J�7/7.220�, •500.9Z) a dfst`ance of 5�33.9i fe✓z� i`o a point` of z�cv�gexy,?he�rce ecvr2`firuiny
¢lorry•rhe ramp Fi 0 Lf/ J1YS93220 E, 7✓'- -9 feez`; 'Thence conz�lnufng along Ramp f�O.1S! tort,
N.DSO 57/ff-E., /19_//fees" Thence /7�arzth /9.0 feez`,' Thence O'cst ZG .0 feet,' 7hcnce /1/a.-z�i
26/.'f feed, Thence�as� 25�2.0 le ez; Thence /l,a h ('7.D feez� too z`fie pcti�l' of 6eye�n<�y-
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% here y_ cc,,ilfy -`haf- the. ahoYe.plan is Z/7 accordance ..W,' Lrfie survey_mock �n
Oct'bher /97-5( for' .T. T, �e S. lJfvelopMenf Corp.-T.6./lcyyen, Pr es,' �' X.J'811zrels,
' _ Beef CQr/�e i crnod T_ B. h'eyy9err all of Ames, zoev4
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# 173
E.T.C. Enterprises, Inc., John Easement
Berdusco, a single person, and Curt
Garland, a single person Dated: October 6, 2004
to Filed: October 15, 2004
City of Ames, Iowa Instrument#: 04-14093
KNOW ALL PERSONS BY THIS INSTRUMENT that E.T.C. ENTERPRISES, INC.,JOHN
BERDUSCO, a single person, and CURT GARLAND, a single person, referred to as Owner,
does hereby grant the CITY OF AMES, IOWA, the perpetual right to the following
described easements.
A. SANITARY SEWER EASEMENT. Owner, grants to the City of Ames, Iowa, the right to
construct, reconstruct, maintain and use underground sanitary sewer lines under the real
estate described on Exhibit A-1, all within lank Subdivision, Ames, Iowa.
B. WATER LINE EASEMENT. Owner, grants to the City of Ames, Iowa, the right to
construct, reconstruct, maintain and use its underground water main lines under the real
estate described on Exhibit A-2, all within Link Subdivision, Ames, Iowa.
C. PRE-EXISTING GENERAL UTILITY EASEMENT.The City of Ames owns an existing
public utility easement recorded November 27, 1974 in Book 125, Page 672. This
easement continues in full force and effect.
F. GENERAL CONDITIONS. All such easements are granted according to the following
terms and conditions.
i
1. Owner, its successors and assigns, shall not
A. erect any structures over or within the easement area without obtaining the prior
=� written approval of the City Engineer.
B. erect or cause to be placed on the easement area any structure, material, device,
thing or matter which could possibly obstruct or impede the normal flow of surface water
over the easement area without obtaining the prior written approval of the City Engineer.
C. Change grade, elevation or contour of any part of the easement area without
obtaining the prior written approval of the City Engineer.
2. The City of Ames, its assigns and licensees, shall install and maintain construct,
reconstruct, maintain and use its electric lines, consisting of poles, wires, overhead or
underground cables, fixtures, anchors and other similar equipment within. the said
easement area described above in a safe and prudent manner. It shall also restore the
Easement areas in a good and workmanlike manner, including but not limited to
restoration of lawns by sodding or seedings, and restoration of driveways damaged by the
City as nearly as possible to original condition.
G. RIGHTS OF CITY. The City of Ames shall have the right of access to the easement
areas granted in this Easement Grant together with rights of ingress and egress
reasonably necessary for the use of enjoyment of the easement area for the purposes
described, including, but not limited to,
1. the right to remove any unauthorized obstructions or structures placed or erected on
the easement area and the right, and
2. the right to improve, repair and maintain the easement area.
100284
story county Title,Inc.
formerly Bahi=Sayers Abstract Ca.
Abstmct
Nevada,IA 50201 Ames,lA 50010
Number
Tide Guazanty 98212 i
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# 173
3. the right to enforce through appropriate legal action any of the obligations assumed by
the owners of the lots in the subdivision under this Easement Grant.
H. LIABILITY. The foregoing rights are granted upon the express condition that the users
of the granted rights will assume liability for all damage to the described real estate and
adjoining real estate caused by failure to use due care in the exercise of the granted rights.
OWNER
E.T.C. Enterprises, Inc.
By: Rodney L. Lindquist, CEO
(SEE EXHIBITS A-1 AND A-2 ON THE FOLLOWING PAGE)
.................................................
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100284
Story County Tifle,Inc.
Abstract jonnerly Batman-Sayers Abstract Co.
Number Nevada,to 50201 Ames,IA 50010
Tide Guaranty 48212
Ea5ement Grant n-
EXHIBIT A 1
SANITARY SEWER EASEMENT:
A 24 foot wide access and sanitary sewer easement, located in part of Lot One of
SOUTHTOWN SUBDIVISION, and part of PARCEL H as shown on the Plat of Survey
filed in the office of the Recorder of Story County, Iowa, (also part of Lot 1 and part of
Lot 2 of pending LINK SUBDIVISION) located in part of the Northeast Quarter of the
Northwest Quarter (NEJNW) of Section 14, Town 83 North, Range 24 West, City of
Ames, Story County, Iowa lying twelve feet either side of the following described
centerline.`Commencing at the Southwest corner of said Lot 1; thence along the West
line thereof, N00'01'24"W 141.00 feet to the point of beginning; thence S89°59'19"E
325.00 feet to the point of terminus of said centerline. ( Said centerline is also the
common line between Lot 1 and Lot 2 of said pending subdivision.)
EXHIBIT A 2
WATER MAIN EASEMENT:
A 10 foot wide water main easement, located in part of Lot One of SOUTHTOWN
SUBDIVISION,and part of PARCEL H as shown on the Plat of Survey filed in the office
of the Recorder of Story County, Iowa, (also part of Lot 2 of pending LINK
SUBDIVISION) located in part of the Northeast Quarter of the Northwest Quarter
(NE/NW) of Section 14, Town 83 North, Range 24 West, City of Ames, Story County,
Iowa lying five feet either side of the following described centerline: Commencing at
the Southwest corner of said Lot 1; thence along the West line thereof, N00'01'24"W
159.89 feet to the point of beginning; thence S89°59'19"E 266.08 feet; thence
N00*00AVE 9.59 feet; thence S00°00'41"W 9.59 feet; thence S89'59'19"E 160.77
feet; thence Nob°00'41"E 9.59 feet to the point of terminus of said centerline.
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