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Home My WebLink AboutA010 - Right-of-Way Permit and Easement dated April 16, 1987 _.. ✓ k,� s INST.NO. 11314 113-14 STORY COUNTY, IOWA INST# M FILED FOR RECORD FEE $ At JUN 3 0 1987 pm y/ RIGHT-OF-WAY PERMIT AND EASEMENT SUSAN L. POTYER, Racorder RV Deputy KNOW ALL MEN BY THESE PRESENTS: THAT WESTWOOD VILLAGE RECREATION AREA, INC. , AN IOWA CORPORATION, AND KAROL J. KOCIMSKI AND LUDOMIRA Z . KOCIMSKI, HUSBAND AND WIFE, IN AND FOR CONSIDERATION OF THE SUM OF ONE DOLLAR AND OTHER VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, DO HEREBY GRANT UNTO THE CITY OF AMES , STORY COUNTY, IOWA, ITS SUCCESSORS , AND ASSIGNS, THE PERPETUAL RIGHT TO USE FOR ITSELF TOGETHER WITH THE RIGHT TO EXTEND TO ANY TELEPHONE, TELEGRAPH, ELECTRIC OR POWER COMPANY THE RIGHT TO USE SEPARATELY OR JOINTLY WITH THE CITY OF AMES, IOWA, THE AREAS INCLUDED IN THIS EASEMENT FOR THE PURPOSES OF CONSTRUCTING, RECONSTRUCT- ING, OPERATING AND MAINTAINING WATER MAINS, SEWERS, ELECTRIC LINES, TELEPHONE LINES, TELEGRAPH LINES AND OTHER LINES FOR ELECTRICAL ENERGY, CONSISTING OF POLES, WIRES, CABLES , CON- DUITS, FIXTURES, ANCHORS AND OTHER SIMILAR EQUIPMENT OVER, UPON, ACROSS OR UNDER THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY OF AMES, STORY COUNTY, IOWA, TO-WIT: SEE EXHIBIT "A" ATTACHED The foregoing right is granted upon the express condition that the City of Ames, Iowa, or any telephone, telegraph, electric or power company to whom the right to use this Easement is extended will assume liability for all damage to the above described property caused by failure on the part of the user of this Easement to use due care in its exercise of the granted right. It is specifically under- stood that any franchise of the City shall have the right to use the above Easement until such time as said rights are withdrawn by the City of Ames, Iowa. IN WITNESS WHEREOF, Karol J. Kocimski and Ludomira Z. Kocimski, husband and wife, and WESTWOOD VILLAGE RECREATION AREAfN,4._ have caused this instrument to be duly executed this day of , 1987 . . Karol J. Kocimski Ludomirg Z . Kocimski WESTWOOD VILLAGE RECREATION AREA, INC. BY Karol J. Kocimski STATE OF IOWA : : ss STORY COUNTY . On this the /6 day of �'/��'� , 1987 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Karol J. Kocimski and Ludomira Z . Kocimski, to me known to be the identical per- sons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC in and for t e State of Iowa STATE OF IOWA �` ' `_ D"OYl9�€� : s s nor c ,ro lx s STORY COUNTY _ On this the `� day of BOOK-a�PAGE--2?1.. 1987 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Karol J. Kocimski, to me personally known, who, being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument, that said instrument was signed on behalf of said corporation by authority of its Board of Directors and that the said Karol J. Kocimski as such officer acknowledged the execution of this instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. ll/Gr-A 100�' _ NOTARY PUBLIC in and for the ate of Iowa „sf CLONAL)R.MILLAGE MY COt " ISSIONP B04K-,!5-Z5. .PAGE 22Z- I The Last `.; feet of Lot 4 ; Tile South 20 feet of the East 50 feet of the North 200 feet o Lot 4; The South 5 feet of the West 124 feet of Lot 3; The test 5 ieet'yof Lot 3; The Northwesterly 5 feet of Lots 1, 2 and 3 lying adjacent to tl.E: Southeasterly right-of-way line of Hickory Drive; The East 5 feet of the South 47 feet of Lot 2; The South 5 feet of Lot 2; The West 5 feet of Lot 2; The South 5 feet of the East 86.66 feet of Lot 1 ; The East 5 feet of Lot 1; The PJortli feeL' of Lot 1 ; The West 10 feet of the East 65 feet of the South 195 feet of Lot 6; And r A 5 foot strip of land located in Lot 66 described as follows: Beginning; at the Northeast corner of Lot 4; thence N88 19'30"W, 5 feet along the north line of said Lot 4; ther►ce NO042'20"E to a point 5 feet South of the South line of Lot 2; thence N88006'W to the West line of said Lot 6; thence N041'30"E, 5 feet along said West line to the South line of said Lot 2; thence S88°06'W, 63.17 feet along said South line to the Southeast corner of said Lot 2; thence SU°42'2U"W to the Northeast corner of said Lot 4 and the point of beginning; Arid A strip of land located in Lot 3, described as: Beginning at the Southwest corner of Lot 2; thence S88006'E, 124 .67 feet along the South line of said Lot 2; thence SO°41 '30"W, 5 feet along the East line of said Lot 3; thence N88006'W to the West line of said Lot 3; thence N0036'E, 10 feet along the west line of said Lot 3; thenceS88006'E to a point 5 feet west of the west line of said Lot 2; thence NO°36'E to the southeasterly right-of-way line of Hickory Drive; thence northeasterly along said right-of-way line to the extreme North property corner of Lot .3; thence SO036'W, 69.44 feet along the east line of said Lot 3 to the southwest corner of. Lot 2 and the point of beginning; And * A 5 foot strip of land located in Lot 5, described as: Beginning at the southeast corner of Lot 1; thence S88023'E to the east line of said Lot 5; thence NO0OO'E, 5 feet along the east line of said Lot 5; thence N88o23'W to the west line of said Lot 5; thence SO0OO'W, 5 feet along said west line to the southeast corner of said Lot 1 and the point of beginning; And * Beginning at the Northeast corner of said Lot 5; thence SO000'W, 457.86 feet along the east line of said Lot 5 to the North right-of-way line of Story Street; thence N88 °50 ,'W 55 feet; thence NO0OO'E, 10 feet; thence S88°50'E, 45 feet; thence NOo00'E to the north line of said Lot 5; • thence S880 191E, 10 feet to the northeast corner of Lot 5 and the point of beginning; And * Beginning at a point 175.75 feet south of -the northwest corner of Story Street and Marshall Avenue on the east line of Lot 5; thence continuing South, 10 feet; thence West to a point that is 55 feet West and 10 feet South of the Southeast corner of Lot 6; thence South to a point that is 55 feet west and 45 feet South of the Southeast corner of Lot 6; thence East approximately 90 feet to a property corner located on the East line of said Lot 5; thence South, 10 feet along said east line; thence West, 100 feet to a point that is 65 feet West and 55 feet South of the Southeast corner of said Lot 6; thence North to the South line of said Lot 6; thence East, 65 feet to the southeast corner of said Lot 6; thence easterly to the point of beginning; And * A 20 foot strip of land located in Lot 5 lying northeasterly of and adjacent to a line described as follows: Beginning at a point that is 90 feet West of the east line of said Lot 5, said point also being 55 feet West and 55 feet South of the Southeast corner of Lot 6; thence to a point 90 feet South and 5 feet East of the Southwest corner of said Lot 6; thence West to a point 90 feet South of the Southwest corner of said Lot 6 on the West line of said Lot 5, and there terminating; Arid Beginning at the Northwest corner of Lot 1; thence Southerly to a point 5 feet South and 85 feet East of the extreme Southwest corner of said Lot 1; thence Westerly, parallel with the south line of said Lot 1, to a point 5 feet South of said Southwest corner; thence North 5.5 feet to the Southeasterly right- of-way line of Hickory Drive; thence Northeasterly along said right-of-way line to a point 10 feet North of the south line of said Lot 1; thence Easterly, par- allel with said south line, to a point 10 feet west of the first described course; thence Northerly, parallel with said first described course to the southeasterly right-of-way line of Hickory Drivc,; thence Northeasterly along said right-of-way line to the Northwest corner of said Lot 1 and the point of beginning, all of the above described property located in Westwood Village, an Official Plat in the City of Ames, Story County, Iowa. EXHIBIT A BOOK 2 5 3 PAGE An easement to be 10 feet in width, 5 feet on each side of a line described as follows : Beginning at a point that is 26. 0 feet East of the Southwest corner of Lot 2 in Westwood Village; then Northwesterly approximately 46 . 0 feet to a point on the West line of said Lot 2 , said point being 37 . 0 feet North of the Southwest corner of said Lot 2 , and there terminating. BOOK 2-53 PAGE O W r.L !n m oM f /1 ' vl o _CD ° ' ` m rig N ~a n 7 N 7 ' CD L c� Q w- cui rr c_a G) 1