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Home My WebLink AboutA004 - Public Utility and Water Main Right-of-Way Permit and Easement dated July 23, 1997 q8�U0184 te F r. NO. a STORY COUNTY, 101NA � FILED FOR RECORD Jjj�j JAN 0 6 1998 PM LN EK 3 ng Fee$ ups Fee.$ LQ � PUBLIC UTILITY AND WATER MAIN r.: ' RIGHT-OF-WAY PERMIT AND EASEMENT The undersigned, Dayton Park, LTD. , in consideration of the .,i CS GSA sum of One Dollar ($1 . 00 ) the receipt of which is hereby M� acknowledged, does 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 electric lines, consisting of poles, wires, overhead and underground cable, fixtures, anchors and other similar equipment or any part thereof, for the sole purpose of public utility use and for conveying electric current for power and light purposes, telephone cable, gas lines and drainage together with the right to go upon the premises, make repairs, install lines and to extend to any telephone, electric, power or cable company the right to use jointly with grantee, any pole placed pursuant to the provisions thereof together with the right to trim any trees to allow for clearance of at least four (4 ) feet where necessary to secure adequate clearance for the safe operation of electric lines upon, underground or adjacent to the real estate located in Wessex Subdivision, in Ames, Iowa. 2 . 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 2 described below for the safe operation of water mains upon, underground or adjacent to the real estate located in Wessex Subdivision, in the City of Ames, Iowa. The specific description for the public utility and water main right of way permit and easement is more specifically described as: SEE ATTACHED SCHEDULE B. 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. � rd � Signed this ` day of '��;, 1997 .t�-` DAYTON PARK, LTD. r� By Dear' E. Hunziker General Partner STATE OF IOWA ) ss. COUNTY OF STORY) On this day of �� , 1997 , before me, a Notary Public in and for the Stat6 of(Iowa, personally appeared Dean E. Hunziker, to me personally known, who, being by me duly sworn, did say that he is a General Partner of Dayton Park, LTD. , an Iowa limited partnership, executing the foregoing instrument, that the instrument was signed on behalf of the limited partnership by authority of the limited partnership; and the general partner acknowledges the execution of the instrument to be the voluntary act and deed of the limited partnership, by it and by the General Partner voluntarily executed. t�� NOTARY PUB IC PTAT4 OF IOWA • NANCY BEEGHLY MY COMMISSION EXPIRES iow r 00184 SCHEDULE B LEGAL DESCRIPTION WATER MAIN & PUBLIC UTILITY EASEMENT WESSEX SUBDIVISION Water main and Public Utility Easements as shown on Wessex Subdivision, an Official Plat, City of Ames, Story County, Iowa lying in Section 16, Township 83N, Range 24W, that is more particularly described as follows; A 70 foot wide easement lying 35.00 feet on either side of the following described line: Commencing at the N.E. Corner of the SE 1/4 of the SE 1/4 of said Section; Thence, S89-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 50.00 feet to the Point of Beginning; Thence, S00°-00'-00"E a distance of 176.08 feet; Thence Southerly along a 407.26 feet radius curve, concave Westerly, a distance of 74.79 feet, said curve having a chord bearing of S05°-IT-39"W, and a chord length of 74.68 feet, to the end of said easement. AND A 50 foot wide easement lying 25.00 feet on either side of the following described line: Commencing at the N.E. Corner of the SE 1/4 of the SE 1/4 of said Section; Thence, S89°-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 226.08 feet; Thence southerly along a 407.26 feet radius curve, concave Westerly, a distance of 74.79 feet, said curve having a chord bearing of S05°-15'-39"W, and a chord length of 74.68 feet, to the Point of Beginning; Thence, S10°-31'-18"W a distance of 7.74 feet; Thence Southerly along a 313.34 foot radius curve, concave Easterly, a distance of 74.64 feet, said curve having a chord bearing of S03 41'-49"W, and a chord length of 74.47 feet; Thence Southerly along a 1300.00 foot radius curve, concave Easterly, a distance of 269.38 feet, said curve having a chord bearing of S09°-03'-50"E. and a chord length of 268.89 feet; Thence, S 15°-00'-00"E a distance of 62.35 feet; Thence Southeasterly along a 175.00 foot radius curve, concave Northerly, a distance of 229.07 feet, said curve having a chord bearing of S52°-30'-00"E, and a chord length of 213.07 feet; Thence Easterly along a 125.20 foot radius curve, concave Northerly, a distance of 72.46 feet, said curve having a chord bearing of N73°-25'-I I"E, and a chord length of 71.46 feet; Thence, N56°-50'-22"E a distance of 15.44 feet; Thence Easterly along a 64.77 feet radius curve, concave Southerly, a distance of 56.73 feet, said curve having a chord bearing of N81°-41'-34"E, and a chord length of 54.94 feet; Thence, S72°-58'-14"E a distance of 136.70 feet to the end of said easement. AND A 50 foot wide easement lying 25.00 feet on either side of the following described line, E. Commencing at the N.E. Corner of the SE 1/4 of the SE 1/4 of said section; Thence, S89°-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 226.08 feet; Thence Southerly along a 407.26 0 feet radius curve, concave Westerly, a distance of 74.79 feet, said curve having a chord bearing p of S05°-15'-39"W, and a chord length of 74.68 feet; Thence, S10°-3F-18"W a distance of 7.74 ` feet; Thence Southerly along a 313.34 foot radius curve, concave Easterly, a distance of 74.64 feet, said curve having a chord bearing of S03°-41'-49"W, and a chord length of 74.47 feet; Thence Southerly along a 1300.00 foot radius curve, concave Easterly, a distance of 269.38 feet, said curve having a chord bearing of S09°-03'-50"E, and a chord length of 268.89 feet; Thence, S 15°-00'-00"E a distance of 62.35 feet; Thence Southerly along a 175.00 foot radius curve, concave Easterly, a distance of 53.45 feet, said curve having a chord bearing of S23°45'-00"E and a chord length of 53.24 feet, to the Point of Beginning; Thence, S57°-29'-25"W a distance of 12.14 feet; Thence Southerly along a 103.47 foot radius curve concave Southeasterly, a distance of 112.86 feet, said curve having a chord bearing of S26°-14'-43"W and a chord length of 107.34 feet; Thence, S05°-00'-00"E a distance of 178.66 feet, to the end of said easement. AND A 50 foot wide easement lying 25.00 feet on either side of the following described line; Commencing at the N.E. Corner of the SE 1/4 of the SE 1/4 of said section; Thence, S89°-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 226.08 feet; Thence Southerly along a 407.26 feet radius curve, concave Westerly, a distance of 74.79 feet, said curve having a chord bearing of S05°-15'-39"W, and a chord length of 74.68 feet; Thence, S10°-31'-18"W a distance of 7.74 feet; Thence Southerly along a 313.34 foot radius curve, concave Easterly, a distance of 74.64 feet, said curve having a chord bearing of S03°-4l'-49"W, and a chord length of 74.47 feet; Thence Southerly along a 1300.00 foot radius curve, concave Easterly, a distance of 269.38 feet, said curve having a chord bearing of S09°-03'-50"E, and a chord length of 268.89 feet; Thence S15°-00'-00"E a distance of 62.35 feet; Thence Southerly along a 175.00 foot radius curve, concave Easterly, a distance of 229.07 feet, said curve having a chord bearing of S52°-30'-00"E, and a chord length of 213.07 feet; Thence Easterly along a 125.20 feet radius curve, concave Northerly, a distance of 52.20 feet, said curve having a chord bearing of N78°-03'-23"E, and a chord length of 51.82 feet to the Point of Beginning: Thence, S23°-53'-13"E a distance of 30.60 feet; Thence Southerly along a 169.09 feet radius curve, concave Westerly, a distance of 69.03 feet, said curve having a chord bearing of S12°-11'-33"E, and a chord length of 68.55 feet; Thence, S00°-29'-52"E a distance of 94.15 feet; Thence Southerly-along an 80.00 foot radius curve, concave Easterly, a distance of 57.95 feet, said curve having a chord bearing S21°-14'-56"E, and a chord length of 56.69 feet; Thence, S42°-00'-00"E a distance of 64.59 feet to the end of said easement. AND A 50 foot wide easement lying 25.00 feet on either side of the following described line: Commencing at the NE Corner of the SE 1/4 of the SE 1/4 of said section; Thence, S89°-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 226.08 feet; Thence, N85°-00'-00"E a distance of 305.90 feet to the Point of Beginning; Thence, S00°-00'-00"E a distance of 323.52 feet to the end of said easement. AND A 50.00 foot wide easement lying 25.00 feet on either side of the following described line: Commencing at the NE Corner of the SE 1/4 of the SE 1/4 of said section; Thence, S89°-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 836.66 feet; Thence, S00°-00'-00"E a distance of 226.08 feet to the Point of Beginning; Thence, N85°-00'-00"E a distance of 591.06 feet; Thence Easterly along a 40.00 foot radius curve, concave Southwesterly, a distance of 62.83 feet, said curve having a chord bearing of a g' 001-84(4) S50°-00'-00"E, and a chord length of 56.57 feet; Thence, S05°-00'-00"E a distance of 103.95 feet; Thence, S00°-00'-00"E a distance of 507.97 feet to the end of said easement. AND An easement described as follows: Commencing at the SE Corner of said section; Thence, N89°-5l'-33"W along the South Line of the SE 1/4 of said section a distance of 230.76 feet.- Thence, N32°-29'-43"E a distance of 336.18 feet; Thence,N00°-01'-51"W a distance of 136.64 feet to the Point of Beginning; Thence, N90°-00'-00"W a distance of 122.92 feet; Thence Westerly along a 650.63 foot radius curve, concave Northerly, a distance of 193.38 feet, said curve having a chord bearing of N81°-29'-07"W, and a chord length of 192.67 feet; Thence, N17°-01'-46"E a distance of 50.00 feet; Thence Easterly along a 142.21 foot radius curve, concave Northerly, a distance of 42.60 feet, said curve having a chord bearing of S81°-25'-03"E, and a chord length of 42.44 feet; Thence, S90°-00'-00"E a distance of 256.82 feet; Thence, S00°-0E-51"E a distance of 70.00 feet to the end of said easement; �g- 00184 C5)