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Home My WebLink AboutA004 - Easement dated March 29, 1989 / INST.NO ,/ram STORY COUNTY, IOVVA FILED F®R RECORD M I�' P APR 17 1989 PM EASEMENT SU"SAN L VANDE KAMP,Recorder Recording Fee$ �— \ucditor'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 West 5 feet of Lots 1 , 2 , 7 , 8 , and 10 ; The East 5 feet of Lots 1 , and 9 ; The North 10 feet of Lots 1 , 2 , 3 , 10 and 11 ; The South 45 feet of Lots 1 , 2 , and 3; The Easterly 10 feet of Lots 3 , 4 , and 8 ; The North 45 feet of Lots 4 , 5 , 6 , and 7 ; The South 10 feet of Lots 4 , 5 , and 6 ; The Westerly 5 feet of Lot 6 ; The Easterly 5 feet of Lot 7 ; The Southeasterly 10 feet of Lot 7 ; The Northerly 10 feet of Lot 9 ; The South 5 feet of Lots 9 , 10 , 11 , 12 , and 14 ; The East 10 feet of Lots 11 , 12 , 13 , and 14 ; The West 10 feet of Lots 12 and 13 ; The North 5 feet of Lot 13 , The Westerly 10 feet of Lots 14 and 15 ; A triangular area described as follows: Beginning at the Southeast (SE) Corner of Lot Nine ( 9 ) ; thence North 89' 12 ' 00" West, 47 . 68 feet; thence North 34' 05 ' 28" East, 86 . 86 feet; thence South 000 48 ' 00 " West, 72 . 61 feet to the Point of Beginning.; Lot "A" ; NEWBROUGH,JOHNSTON, BREWER,MADDUX a NADLER AMES,IOWA GOOK PAGE I. -2- The East 10 feet of the South 58 . 53 feet of Lot 15 ; and the East 25 feet of Lot 15 , except the South 58 . 53 feet thereof, all within Seventh Addition Spring Valley 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 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 sewer system over and across the following described real estate: The North 5 feet of Lot 14; and, The South 5 feet of Lot 15 , all within Seventh Addition Spring Valley Subdivision to Ames, Iowa. 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 storm sewer, system within the real estate described as follows: Beginning at the Southeast ( SE) Corner of Lot Three ( 3 ) ; thence North 89' 12 ' 00" West, 188 . 58 feet; thence North 00' 48 ' 00" East, 40 .00 feet; thence South 89' 12 ' 00" East, 94 . 49 feet, thence North 000 48 ' 00" East, 65 . 66 feet; thence Southeasterly along a 180 .00 foot radius curve, concave northeasterly, an arc distance of 54 . 48 feet (the long chord bears South 35' 31 ' 47" East, 54 . 27 feet) ; thence South 44' 12 ' 00" East, 87 . 59 feet to the Point of Beginning, containing 8 , 317 square feet, all within Seventh 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 use the following described real estate for the detention and drainage of surface water: JEWBROUGH,JOHNSTON, BREWER,MADDUX &NADLER � A MES,IOWA BOOK PAGE \ II -3- Beginning at the Southeast ( SE) Corner of Lot Three ( 3 ) ; thence North 89' 12 ' 00 " West, 188 .58 feet; thence North 00' 48 ' 00" East, 40 . 00 feet; thence South 890 12 ' 00 " East, 94 . 49 feet, thence North 000 48 ' 00" East, 65 . 66 feet; thence Southeasterly along a 180 . 00 foot radius curve, concave northeasterly, an arc distance of 54 . 48 feet (the long chord bears South 350 31 ' 47" East, 54 . 27 feet) ; thence South 44012 ' 00" East, 87 .59 feet to the Point of Beginning, containing 8 , 317 square feet; The South 40 feet of Lots 1 and 2; The North 40 feet of Lots 4 , 5 , 6 , and 7 , all within Seventh Addition Spring Valley 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 day of March, 1989 . Y � E en A. Hunziker tronald M. Furman Mar ar H. Hunziker R h W. Furman R. FRIEDRICH AND SONS, INC. BUCK CONSTRUCTION COMPANY, XN& 3g1 ' Robert K. Friedrich, President Ro ert 0. Buck � r By By r /�: ,k• •R nhar -K. iedric , Secreta - .Anne K. Auck, Secretary STATE OF I OWA Ss' STORY COUNTY ) On this v� day o.f- March, 1989 , 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. / PATRICIA L.BRITSON WBROUGH,JOHNSTON, o Notary Public in and for the BREWER,MADDUX z o p • / State of Iowa. &NADLER AMES.IOWA l BOOK 0 7 PAGE 1a r -4- STATE OF IOWA ) ss: COUNTY OF STORY ) On this day of March, 1989 , before me, the undersigned, a Notary tublic 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 and of the fiduciary, by it, by them and as the fiduciary voluntarily executed. 1 z'P ;%t' PATRICIA77BRITSOri Notary Public in and for the State of Iowa. STATE OF IOWA ) ss: COUNTY OF STORY ) On this day of March, 1989 , 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 corporati.on; 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 and of the fiduciary, by it, by them and as the fiduciary voluntarily executed. / r �f. Notary Public in and for the L. , PATRICIA L.BRITSON State of Iowa. ---�� '_WBROUGH,JOHNSTON, BREWER,MADDUX &NADLER AMES,IOWA GOOK PAGE-S21-1i. � � . _ .�n= � � � � � c e . � _ � � � g � � � . !tea � � I�\ � - \�/ � _ � , �\« / / � - m « � , \ e o (�/ � \�� y � � . / \� � , m � � � k � � � � . � I I � ( . . f . � �