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HomeMy WebLinkAboutA010 - Sanitary Sewer and Water Main Right of Way Permit and Easement dated March 24, 1992 a� 5m .- - • 4 j • - r' • ��� V W ,O* SANITARY SEWER AND WATER MAIN �p RIGHT OF WAY PERMIT AND EASEMENT The undersigned, Ames Savings Bank, FSB; Robert Farnham, a single person and Thomas J. Gratias and LaDonna M. Gratias, husband and wife; Yu-Min Tsai and Hsiu-Mei Tsai, husband and wife, Firstar Bank Ames; and Dayton Park LTD. , an Iowa Limited Partnership, to the extent owned by the undersigned, 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: 1. Its water main lines, consisting of all underground water mains, connections, hook-ups and other similar equipment or any part thereof, for the sole purpose of general water main use 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 area described below for the safe operation of water mains upon, underground or adjacent to the real estate located in Valley East, in the City of Ames, Iowa, and more specifically described as follows: SEE ATTACHED SCHEDULE C. 2 . Its sanitary sewer lines, consisting of all underground sanitary sewer lines, connections, hook-ups and other similar equipment or any part thereof, for the sole purpose of general sanitary sewer use together with the right to go upon the premises, ma a repairs, install lines, connect to existing lines and to STATE OF IOWA Story County ss Enter r taxailon this 3 A4 366 ay D. 19 � BOOK SAGE County Auditor r , 2 extend the said lines to any other property or location within the said easement area described below for the safe operation of sanitary lines upon, underground or adjacent to that real estate located in Valley East, in the City of Ames, Iowa, and more specifically described as follows: SEE ATTACHED SCHEDULE D. 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 aye day of MQXC+\ , 1992 . DAYTON PARK LTD. By De Hunzike , Ge ral P rtner By E(rben A. Hunziker, Gen al Partner STATE OF IOWA ) ss . COUNTY OF STORY) On this a6� day of -e bIU iLA41992, before me, the undersigned, personally appeared Man Hunziker and Erben A. Hunziker, to me known to be the identical persons named in and who executed the same as General Partners in Dayton Park LTD. and acknowledged that they executed the same as their voluntary act and deed. -- Chris A. Nu r-O LW 9,�C �STINE N�Nza1cER NOTARY PUBLIC - STATE OF IOWA WOK r 3 AMES SAVINGS BANK, FSB � r r`y,u ,�'e•'�"a may By m ; a STATE OF IOWA ) �` Ss . COUNTY OF STORY) On this day of , 1992, before me, the undersigned a Notary Public in and for said State, personally appeared U'l 77f R amd 6 TT "!!$� to me personally known, who being by me duly sworn, did say that e,7�t., Ae the 1//G�� �- # , of said corporation; that the seal affixed hereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation b,Y authority of its Board of Directors; and that the said kkG/ RE. D TTa r,D IV as such officerX, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by thew HIM voluntarily executed. o" s� DO NOTARY PUBLIC - STATE OF IOWA NALD L.SMITH MY COMMISSION EXPIRES p December 9, 1993 " Robert D. Farnham Thomas J. Gratias La Donna M. Gratias STATE OF IOWA ) ) ss . COUNTY OF STORY) On this ) "s, day of i C.��i['(61_i �,j , 1992, before me, the undersigned a Notary Public in and for said State, personally appeared Robert Farnham, a single person and Thomas J. Gratias and LaDonna M. Gratias, 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 their voluntary act and deed. A f I t'x Cf i(c-v NOTARY PUBLIC - STATE OF IOWA BOOK 3�4 PAGE 3 �` r , 4 Y Yu-Min Tsai siu-Mei Tsai STATE OF IOWA ) ss . COUNTY OF STORY) On this day of , 1992, before me, the undersigned a Notary Public in and for said State, personally appeared Yu-Min Tsai and Hsiu-Mei Tsai, 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 their voluntary act and deed. eo��eaLa�c.Par� =f PAYERNOTAR PUBLIC - STATE OF iWA- OWP FIRSTAR BANK AMES By rt STATE OF IOWA ) ss . COUNTY OF STORY) On this day of YhQ,1'cku , 1992 , before me, the undersigned a Notary Public in and for said State, personally appeared Oitme r, . ►'nicwud-& d to me personally known, who being y me duly sworn, did say that t-heV Are the y ,Qe-Prosi ,Q-e,+1�1 and ,- esgeevely, of said corporation; eal ha-s----been-procured by the said/the seal affixed hereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said as such officers, acknowledged thd execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 0 h n-Skol A NOTARY PUBLIC - STATE OF IOWA CHRISTINEA Ei ;,Z04;E • LfWP t 3�� 32 SCHEDULE C VALLEY EAST WATERMAIN EASEMENT Page One of One "Beginning at the Most Easterly Corner of Lot 31 in Valley East, an official plat, now included in and forming a part of the City of Ames, Story County, Iowa; thence S550-06'-07"W along the Southeasterly line of said Lot 31, a distance of 191.46 feet; thence, N340-53 '53"W, a distance of 10. 00 feet; thence N550-06 '-07"E along a line parallel with and 10.00 feet Northwesterly of the Southeasterly Line of said Lot 31 to the Westerly Right-of-Way Line of Vermont Avenue as it is presently established; thence Southerly along the Westerly Right-of-Way Line of said Vermont Avenue to the Point of Beginning. " PAGEON SCHEDULE D VALLEY EAST SANITARY SEWER EASEMENTS Page One of One "The Centerline of a 20.00 feet wide Sanitary Sewer Easement over and across a portion of Lots 31 and 32 in Valley East, an official plat now included in and forming a part of the City of Ames, Story County, Iowa is described as Commencing at the Southwest Corner of said Lot 32; thence, N00-04 '45"E along the West Line said Lot 32 a distance of 93.29 feet to the Point of Beginning; thence, 538-04 ' 10"E a distance of 90.81 feet; thence, N53-10 ' 38"E a distance of 100.79 feet to a point on the Westerly Right-of-Way Line of Vermont Circle as it is presently established and to the end of said Easement. " AND, "A 10.00 feet wide Sanitary Sewer Easement over and across a portion of Lot 11 in Valley East, an official plat now included in and forming a part of the City of Ames, Story County, Iowa is described as the South 10.00 feet of said Lot 11 lying parallel with and adjacent to the Southerly Line of said Lot 11, extending from the Easterly Right-of-Way Line of New Hampshire Circle to the West Line of Lot 10 in said Valley East. " I k 3A4 365 PAGE-