HomeMy WebLinkAboutA009 - Avigational Easement dated July 23, 1997 00189
MT.No. 98
STORY COUNTY, IOWA 2 D F
FILED FOR RECORD
AK 'JAN 0 6 1998 Pm.
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AVIGATIONAL EASEMENT
- KNOW ALL MEN BY THESE PRESENTS:
'= r'�I� That for a good and valuable consideration, the receipt of which is
. �� hereby acknowledged, that Dayton Park, LTD. , an Iowa Limited
��� E Partnership, does hereby grant a permanent Avigational Easement to
3s € the City of Ames, Iowa, authorized by law to own and operate Ames
12.� Municipal Airport, for the use of "Navigable Airspace" as defined
"` by the Federal Aviation Act of 1958, over all of the following
described real estate, to-wit:
The East 32 Acres of the Southeast Quarter of the Southeast
Quarter, except the Right-of-Way of the Chicago and
Northwestern Railway Company and except the land lying
Southeast of said Right-of-Way, all in Section 16, Township 83
North, Range 24 West of the 5th P.M. , Story County, Iowa, more
particularly described as follows:
Beginning at the Northeast corner of the Southeast Quarter of
the Southeast Quarter of said Section 16; thence S 89°44141"W,
1065 .79 feet along the North line of the South half of the
Southeast Quarter of said Section 16; thence S 0010010211E,
1310 . 87 feet to the South line of the Southeast Quarter of
said Section 16; thence S 89°51133"E, 835.72 feet along said
South line to the Westerly Right-of-Way line of the Chicago
and Northwestern Railway Company; thence N 32°29 ,43"E, 429 . 17
feet along said Right-of-Way to the East line of the Southeast
Quarter of the Southeast Quarter of said Section 16; thence N
00-0115111W, 955.70 feet to the point of beginning.
Containing 31 .2 acres, which includes 1. 69 acres of existing
public road Right-of Way.
Also described as Lot 1, Wessex Subdivision, in Ames, Iowa.
By virtue of this easement, the grantor, for and on behalf of
itself and all successors in interest to any and all of the real
property above described, waives as to the City of Ames only, any
and all claims for damage of any kind whatsoever incurred as a
result of aircraft using the "Navigable Airspace" granted herein.
This easement does not grant or convey any surface use rights, nor
is it to be construed to grant any right to private persons or
corporations. _ _
"Navigable Airspace" means airspace above the minimum altitudes of
flight prescribed by regulations issued under the Federal Aviation
Act of 1958, Section 101 (24 ) 49 U.S. Code 1301, and shall include
airspace needed to ensure safety in the take-off and landing of
aircraft.
To have and to hold said easement forever.
IN WITLESS WHEREOF: The grantor has signed these presents this
' day of r. ,��r 1997 .
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2
DAYTON PARK, LTD.
B
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Dea 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 Sta e 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.
NOTARY PU 1C 7 ST E OF IOWA
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a�- 00189(A)