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HomeMy WebLinkAboutA004 - Easement dated September 23, 1988 INST.fUO. STORY cOUNTY, IOW + l �pG,o FILED FOR RECORD J G A� OCT 14 1989 SUSAN L.VANDE KAMP,Recorder �D rder EASEMENT Recording Fee$ Auditor's Fee$ We , Erben A. Hunziker and Margaret H. Hunziker , husband and wife; Donald M. Furman and Ruth W.. Furman, husband and wife; 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: The East 10 Feet of Lots 1 , 10 , 11 , 125 13 , 14, 15 , 16 , 175 18 , 19 , & 20; The Southeasterly 10 Feet of Lots 1 , 2 , 35 and 4; The Easterly 10 Feet of Lots 5 and 6 ; The West 5 Feet of Lot 5 ; The Southerly 10 Feet of Lot 6 ; The North 5 Feet of Lots 1 , 11 , 14, 17 , and 20; The Westerly 5 Feet --of Lot 6 ; ' The Northwesterly 10 Feet of Lots 7 , 8 , 9 , and 10 ; The East 5 Feet of Lots 7 and 8 ; The Southwesterly 5 Feet of Lots 7 and 9 ; The Northeasterly 5 Feet of Lot 8 ; The South 5 Feet of Lots 9 , 105 12 , and 15; The Westerly 10 Feet of Lots 11 and 12; The West 10 Feet of Lots 13 and 14; The West 12 Feet of Lots 15 , 165 17 , 18 , 19 , and 20; The South 5 Feet of Lot 18 , and; The East 10 Feet of Lots 19 and 20 , all within Sixth Addition Spring Valley Subdivision to NEWBROUGH,JOHNSTON, BREWER,MADDUX &NADLER AMES,IOWAOOK PAGE—AI& sn i -2- 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 further grant to the City of Ames , Iowa, a municipal corporation, its successors and assigns , the perpetual right to construct , reconstruct , maintain and use its underground storm sewer system within the following described real estate: The Southwesterly 5 Feet of Lot 2 and that part of Lot 3 described as : Beginning at the Northeast (N. E . ) Corner of Lot Three (3) ; thence South 45048 ' 00" West, 19 . 69 Feet along the Northwesterly Line of said Lot Three (3) ; thence South 50°03 ' 15" East , 130 . 68 Feet ; thence North 45048 ' 00" East, 6 . 36 Feet along the Southeasterly Line of Lot Three (3) ; thence North 44°12 ' 00" West, 130. 00 Feet along the Northeasterly Line of Lot Three (3) , to the Point of Beginning, all within Sixth Addition Spring Valley Subdivision to Ames , Iowa. -- —--------- ------ We do further grant to the City of Ames , Iowa, a municipal corporation, its successors and assigns , the perpetual right to construct , reconstruct , maintain and use its underground sanitary and water system within the real estate described as follows : The Northeasterly 5 Feet of Lot 10 and that part of Lot 11 described as follows : Beginning at the Southeast (S . E . ) Corner of Lot Eleven (11) ; thence North 00°04' 45" East , 15 . 35 Feet along the East Line of said Lot Eleven (11) ; thence North 69°09 ' 19" West , 141 . 73 Feet ; thence Southwesterly, along the West Line of Lot Eleven (11) , and along a 55 . 00 Foot radius curve, concave Northwesterly, an arc distance of 6 . 43 Feet (the long chord bears South 33°18 ' 29" West , 6 . 43 Feet) ; thence South 66°02' 38" East , 148 . 78 Feet to the Point of Beginning, all within Sixth Addition Spring Valley Subdivision to Ames , Iowa . JEWBROUGH,JOHNSTON, , BREWER,MADDUX 8,NADLER AMES,IOWA �� FAG y U -3- 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 day of September , 1988 . Er A. Hunziker " Donald M. Furman An }.. (7 � ar ar H. Hunziker R h W. Furman R. FRIEDRICH AND SONS, INC. BUCK CONSTRUCTION COMP . �" IUC., 0 4 By By:[, Robert K. Friedrich President Robert 0. Buck. A 'i Rf ktil k `b i T y: PY i", y: Re jfhard K. r ' dri Secretar Arne K. Buck; Se&r"61 N STATE OF IOWA ) ) ss : STORY COUNTY ) On this J-3 day of September , 1988, before me , the undersigned, a Notary Public in and for the State of Iowa , personally appeared Erben A. Hunziker and Margaret H. Hunziker , husband and wife, and Donald M. Furman and Ruth W. Furman, husband and wife, personally known to me to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Ze i r eZl PATRICIA L BRITSON "� ® Notary Pub is in and for the • —D � State of Iowa . STATE OF IOWA ) ) ss : COUNTY OF STORY ) On this ,,�Aj day of September, 1988, 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 foregoing instrument ; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and Robert K. Friedrich and Reinhard K. Friedrich acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. JEWBROUG H,JOHNSTON, OHNSTON, BREWER,MADDUX A/� � &NADLER otary Public in and for the AMES.IOWA o��" �.y PATRICIA L BRITSON State of Iowa. 41 •�OWr 0 E( -� -PAGE /0L I Y i -4- STATE OF IOWA ) ss : COUNTY OF STORY ) On this day of September , 1988, before me , the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert 0. 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 foregoing instrument ; that the seal affixed thereto is the seal of the corporation; that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and Robert 0. Buck and Anne K. Buck acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. a / P PATRICIA L BRITSON ` Notary Public in and for the State of Iowa . NEWBROUGH,JOHNSTON. BREWER,MADDUX 6 NADLER AMES,IOWA m�K PAGE 0 2 92892 'C„Y C 'UP fi r R E Cc C T 4 PP 2: 4 0 �99 � !t;,-1r REC0RDEF ' BOOKP pAGE-10-4— STATE OF IOWA a ss Story County Enter for xat' n this 19 County Auditor By Deputy