HomeMy WebLinkAboutA031 - Right-of-Way Permit and Easement to City of Ames, dated September 22, 1994 . w „eT mo. 91 - 10541
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RIGHT-OF-WAY PERMIT AND EASEMENT &N L VgApE��
KNOW ALL MEN BY THESE PRESENTS: 98wdng Fee
THAT THOMAS J. CAHILL,AS EXECUTOR OF THE KAFI T
KOCIMSKI ESTATE, IN AND FOR CONSIDERATION OF THE SUM OF ONE
DOLLAR AND OTHER VALUABLE CONSIDERATION,THE RECEIPT OF WHICH
IS HEREBY ACKNOWLEDGED,DOES HEREBY GRANT TO 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
CABLE, 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, RECONSTRUCTING, OPERATING AND MAINTAINING
WATER MAINS, SEWERS,ELECTRIC LINES, TELEPHONE LINES, TELEGRAPH
LINES AND OTHER LINES FOR ELECTRICAL ENERGY, CONSISTING OF POLES,
WIRES, CABLES, CONDUITS,FIXTURES,ANCHORS AND OTHER SIMILAR
EQUIPMENT INCLUDING THE RIGHT TO TRIM OR REMOVE TREES WITHIN
SUCH AREAS AS NECESSARY TO SECURE A CLEARANCE OF FOUR (4)FEET
FROM THE WIRES OR POLES, OVER,UPON, ACROSS OR UNDER THE
FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE CITY OF AMES,
STORY COUNTY,IOWA:
General Utility Easement for the following described real estate:
A strip of land 10.00 feet wide across part of Lots One (1), Two (2) and
Six (6) in the Replat of Westwood Village in the City of Ames, Story
County, Iowa, being situated 5.00 feet on each side of a centerline described
as follows: Commencing at the Southeast Corner of said Lot Six (6); then
N00200'00"East, 67.90 feet along the East line of said Lot Six (6); then
N89256'17" West, 40.00 feet to the point of beginning; then N00200'00"
East, 262.48 feet; then N90200'00" West, 235.16 feet to the Southeast
corner of Lot Two (2); then N00241'58" East, 94.00 feet along the East line
of said Lot Two (2) to the Northeast Corner thereof; then N88201'57" West,
136.66 feet along the North line of said Lot Two (2); then N01258'03" East,
22.23 feet to the Northwesterly line of Lot One (1) and there terminating.
and
Part of Lot Six (6) in the Replat of Westwood Village in the City of Ames, Story
County, Iowa, described as follows: Beginning at the Northeast Corner of said
Lot Six (6); then S00201'02" East, 457.86 feet along the East line of said Lot
Six (6) to the North line of Story Street; then N87242'34" West, 10.00 feet
along said North line; then N00201'02" West, 234.19 feet; then S89°58'58"
West, 70.00 feet; then N00201'02" West, 10.00 feet; then N89258'58" East,
70.00 feet; then N00201'02" West, 213.55 feet to the North line of said Lot
Six (6); then S88219'00" East, 10.00 feet to the point of beginning
and
A strip of land 5.00 feet wide across Lot Three (3) in the Replat of Westwood
Village in the City of Ames, Story County, Iowa, being situated East of a line
described as follows: Beginning at the Southwest Corner of said Lot Three (3);
then N00236'24" East along the West line of said Lot Three (3)extended to the
Southeasterly right-of-way line of Hickory Drive and there terminating.
and
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A strip of land 10.00 feet wide across Lot Two (2) in the Replat of Westwood
Village in the City of Ames, Story County, Iowa, being situated 5.00 feet on
each side of a centerline described as follows: Beginning at a point on the South
line of said Lot Two (2) that is 26.00 feet Easterly of the Southwest Corner of
said Lot Two (2); then Northwesterly to a point that is 37.00 feet Northerly of
the Southwest Corner of said Lot Two (2) and there terminating.
and
Part of Lot Five (5) in the Replat of Westwood Village in the City of Ames, Story
County, Iowa, described as follows: Commencing at the Southwest Corner of
said Lot Five (5); then N00241'58" East, 44.96 feet along the West line of said
Lot Five (5); then S8925617" East, 7.79 feet to the point of beginning; then
N00-03'43" East, 28.00 feet; then S8925617" East, 10.00 feet; then S00°03'43"
West, 18.00 feet; then S89256'17" East, 115.00 feet; then S00203'43" West,
10.00 feet; then N89256 17" West, 125.00 feet to the point of beginning.
and
Part of Lots Four(4), Five (5), and Six (6) in the Replat of Westwood Village
in the City of Ames, Story County, Iowa, described as follows: Commencing
at the Southeast Corner of said Lot Six (6); then N00200'00" East, 22.49 feet
along the East line of said Lot Six (6) to the point of beginning; then N44256 17"
West, 42.35 feet; then N8925617" West, 182.31 feet; then S30216'57" West,
73.51 feet; then S73203'36" West, 87.00 feet; then N00203'43" East, 10.46
feet; then N73203'36" East, 80.03 feet; then N30216'57" East, 75.34 feet;
then S89°56'17" East, 192.20 feet; then S44256'17" East, 36.47 feet to the
East line of said Lot Six (6); then S00200'00" West, 14.16 feet along said East
line to the point of beginning
These easements supersede and replace, in total, easements previously given and recorded
in Book 253 at page 221
The foregoing right is granted upon the express condition that the City of
Ames, Iowa, or any cable, 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 understood that the Iowa Electric Light
and Power Company and U.S. West Communications 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,Thomas J. Cahill as Executor of the Karol J.
Kocimski Estate, has caused this instrument to be duly executed this g,!day of
September, 1994.
K IMSKI ESTATE
BY
(( as J Cahill,Executor
94- 10541 (3)
STATE OF IOWA
:ss
STORY COUNTY .
On this the r/ day of September, 1994, before me,the
undersigned, a Notary Public, in and for said State,personally appeared Thomas J. Cahill,
to me personally known to be the identical person named in and who executed the
foregoing instrument, and acknowledged that the person, as the fiduciary, cuted the
instrument as the voluntary act and deed of the person and of th fiduci
NOT Y PUBLIC in and for the State of Iowa
Linda F. Shfc kell
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