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Home My WebLink AboutA007 - Water Main, Sanitary Sewer, and Storm Sewer Right-of-Way Permit and Easement dated December 20, 1990 08o 56 STORY COUNTY,IOWA FILED FOR RECORD WATER MAIN, SANITARY SEWER AND STORM SEWER 0 JUN ,6 1�9�9"1 PH RIGHT—OF—WAY PERMIT AND EASEMENT IblE t�C"J4 -9 BSAW L dM,A - o R@mrd f. (OVER LOT 21, FOURTH ADDITION, STONE BROOKE SUBDIVISION) e-- The undersigned, Stone Brooke Partnership, of Ames, Story County, Iowa, and Wallace C. Schloerke and Janice F. Schloerke, husband and wife, in consideration of the sum of One Dollar ($1.00) , the receipt of which is hereby acknowledged, do hereby grant to the City of Ames, Iowa, a municipal corporation, its successors and assigns, a perpetual right to construct, reconstruct, maintain and use the following: o 1. Its water main lines, consisting of all underground water ) -t, a < o mains, connections, hook-ups and other similar equipment or any c part thereof, for the sole purpose of general water main us c� 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 are described below for the safe operation of water mains upon, underground or adjacent to the real estate located in Fourth m Addition, Stone Brooke Subdivision, Ames, Iowa, and more specifically described below. c 2 . Its sanitary sewer lines, consisting of all underground sanitary sewer lines, connections, hook-ups and other similar N 5 equipment or any part thereof, for the sole purpose of general sanitary sewer use together with the right to go upon the premises, make repairs, install lines, connect to existing lines and to 0 W 2 a extend the said lines to any other property or location within the <U) w tl� 1 said easement area described below for the safe operation of � � 0 7 PAGE-3 /0 -2- sanitary lines upon, underground or adjacent to that real estate located in Fourth Addition, Stone Brooke Subdivision, Ames, Iowa, and more specifically--described-below: 3. Its storm sewer lines, consisting of all underground storm sewer lines, connections, hook-ups and other similar equipment 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 Fourth Addition, Stone Brooke Subdivision, Ames, Iowa, and more specifically described below. The legal description of the real estate over which the above three easements are granted is more specifically described as follows: Lot 21: Utility (Storm, 8" Water, and 8" & 24," Sanitary) A Sixty (60) foot wide easement across Lot Twenty-one (21) , in the Fourth Addition of Stone Brooke Subdivision, in the City of Ames, Story. County; . Iowa; Thirty (30) feet on each side of the following described centerline: "Commencing at the Northwest (NW) corner of Outlot "B" , in the Fourth Addition of Stone Brooke Subdivision, in the City of Ames, Story County, Iowa; thence N 470 34 " 05" W, 30 . 00 feet to the Point of Beginning; thence N 42° 07 ' 35" E, 170.20 feet; thence Southeasterly, along a 1,050 . 00 foot radius curve, concave northeasterly, an arc distance of 309 .48 feet (the long chord bears S 560 19 , 02" E, 308. 36 feet) ; thence S 6e 45 , 40" E, 204.30 feet; thence Southeasterly, along a 274. 10 foot radius curve, concave. southwesterly an arc distance of 243.45 feet (the long chord bears S 39 18 , 59" E, 235.53 feet) , to a point designated "A" ; thence- continuing Southeasterly, along said curve, an arc distance of 45 .00 feet (the long chord bears S 090 10 ' 06" E, 44 . 95 feet; thence Southerly, along a 175. 00 foot radius curve, concave westerly, an arc distance of 8 .24 feet (the long chord bears S 02P 06, BOOK �67.PAGE.!a / 3 57 " E, 8.24 feet) , to a point designated "B" ; thence continuing Southerly, along said ci6rve, an arc distance of _18-.63- feet .:(the.-long chord bears S 01 16 ' 5 8" W, 18. 62 feet) , to the Point of Ending. " The centerline of this easement follows the centerline of the proposed extensions of both Fletcher Boulevard and Stone Brooke Road right-of-ways . Lea of 24" Sanitary Sewer A Twenty (20) foot wide easement, across part of Lot Twenty- one (21) , in the Fourth Addition of Stone Brooke Subdivision, in the City of Ames, Story County, Iowa; Ten ( 10) feet on each side of the following described centerline: "Beginning at a point designated "A" ; thence N 760 07 ' 431.' E, 158.52 feet (to a point designated "C") ; thence N 670 28 ' 40" E, 37 .43 feet to the east line of said Lot 21, and the Point of Ending. " Lea of 8" Sanitary Sewer A Ten (10) foot wide easement, across part of Lot Twenty-one (21) , in the Fourth Addition of Stone Brooke Subdivision, in the City of, Ames, Story County, Iowa; Five (5) .feet on each side of the following described centerline: "Beginning at a point designated "C" ; thence S 0S' 24 ' 23" W, 92 .82 feet to the south line of said Lot 21, and the Point of Ending. " Lea of Storm Sewer A Ten (10) foot wide easement, across part of Lot Twenty-one (21) , in the Fourth Addition of Stone . Brooke Subdivision, in the City of Ames, Story County, Iowa; Five (5) feet on each side of the following described centerline: "Beginning at a point designated "B" ; thence N 86) 14, 01" E, 136 .54 feet; thence N 430 14 ' 01" E, 13 . 00 feet to the Point of Ending. " The 8" Sanitary leg and part of the 24" Sanitary leg were recorded with easements outside the First Addition, in Book 203, at pages 243 to 244, on April 13, 1984. The 'Storm leg was recorded with easements outside the Second Addition, in Book 268, at pages 74 to 75, on July 13, 1988. BOOK30..7 PAGE .3� e 4 The foregoing right is granted upon the express condition 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 AO day of December, 1990 . ` STONE BROOKE PARTNERSHIP 1 By Wallace C. Schloerke E. A. Hunziker P6neral Partner By JatLlce F. Schloerke Frank W. Allen - General Partner STATE OF IOWA ) ss. COUNTY OF STORY) On this 74 4b day of December, 1990, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared E. A. Hunziker and Frank W. Allen, to me personally known, who being by me duly sworn, did say that the persons are the General Partners of Stone Brooke Partnership, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners and the partners acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. NOTARY PUBLIC - STATE OF IOWA KIM)YCOMMMION ADONNA L.ALLEN u EXPIRES T - 91 BOOK PAGE . 7-3 . ti 9 i 1 ` ' f ' r 5 STATE OF IOWA ) ss . COUNTY OF STORY) On this day of December, 1990, before me, the undersigned, a Notary Public in and for said County in said State, personally appeared Wallace C. Schloerke and Janice F. Schloerke, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as the voluntary act and deed of themselves. 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