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HomeMy WebLinkAboutA009 - Storm Sewer and Sanitary Sewer Right-of-Way Permit and Easement dated May 5, 1994 STORM SEWER AND SANITARY SEWER RIGHT OF WAY PERMIT AND EASEMENT The undersigned, H & F Builders Partnership, an Iowa General Partnership, in consideration of the sum of One Dollar ($1.00) , the receipt of which is hereby 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: A. STORM SEWER EASEMENT. 1. Its storm sewer lines, consisting of all underground storm sewer lines, connections, hook-ups and other similar equipment or any part thereof, for the sole purpose of general storm sewer use, together with the right to go upon the premises, make repairs, install lines, connect to existing lines and to extend the said lines or mains to any other property or location within the said easement area described below for the safe operation of storm sewer lines upon underground or adjacent to the real estate located in Twenty First Addition, Parkview Heights Subdivision, in Ames, Iowa, and more specifically described as follows: SEE ATTACHED SCHEDULE C. B. SANITARY SEWER. 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 purposes of general sanitary sewer use, together with the right to go upon the premises, make repairs, install lines, connect to existing lines and to extend the said lines or mains to any other property or location within the said easement area described below for the safe operation of sanitary sewer lines upon underground or adjacent to the real estate located ;in Twenty First Addition, Parkview Heights Subdivision, in 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 s- day of 1994 . H & F Z ERS PARTNERSHIP r By E en A. Hunziker, Ge ral tner By onald Furman, General Partner STATE OF IOWA ) ss. COUNTY OF STORY) On this s day of , 1994, before me the undersigned, personally appeared E en A. Hunziker and Donald Furman, to me known to be the identical persons named in and who executed the same as General Partners in H & F Builders Partnership and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC - STATE OF IOWA CSROLM CEDE z ry- 04tP STORM SEWER EASEMENTS FOR . 21st ADDITION PARKVIEW HEIGHTS SUBDIVISION "The West 10 . 00 feet of Lot 7 in 21st Addition Parkview Heights Subdivision, an Official Plat, Ames, Story County, Iowa. " "The ,,East 10 . 00 feet of Lot 8 in 21st Addition Parkview Heights Subdivision, an Official-Plat, Ames , Story County, Iowa. " " A 15 .00 foot by 20A0 foot storm sewer easement , across a portion of Lot 17 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa, more accurately described as follows : Commencing at the N.E. Corner of Lot 17 , 21st Addition Parkview Heights Subdivision, an Official Plat , -Ames , Story County, Iowa; thence N90°-00 ' -00"E, along the North Line of said Lot 17 , a distance of 28 . 85 feet , to the Point of Beginning; thence S00 ° -00 ' -00"E, a distance of 15 . 00 feet ; thence N90' -00 ' -00"E, a distance of 20 . 00 feet ; thence N00'-00 ' -00"E, a distance of 15 .00 feet , to a point on the North Line of said Lot 17 ; thence N90' -00 ' -0011W, along the North Line of said Lot 17 , a distance of 20 .00 feet , to the Point of Beginning" "A storm sewer easement across a portion of Lot 22 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa, more accurately described as follows: Beginning at the Southeast Corner of Lot 22 , 21st Addition Parkview Heights Subdivision, .an Official Plat , Ames , Story County, Iowa; thence Northwesterly along a 55 . 00 foot radius curve to the left , said curve being concave to the southwest , a distance of 10 .06 feet; thence N48 ' -05 ' -05"E, a distance of 124 . 37 feet; thence S54° -56 ' -00"E, a distance of 10 . 26, to a point on the East Line of said Lot 22 ; thence S48' -05 ' -05"W, along the East Line of said Lot 22 , a distance of 125 . 77 , to the Point of Beginning" SCHEDULE C SCHEDULE C PAGE 2 "A storm sewer easement across a portion of Lot 23 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames, Story County, Iowa, more accurately described as follows : Beginning at the Northeast Corner of Lot 23 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames, Story County, Iowa, ; thence S00'-00 ' -00"E, along the East Line of said Lot 23 , a distance of 66 . 37 feet , to the Point of Beginning; thence continuing S00 °-00 ' -00"E, along the East Line of said Lot 23 , a distance of 24 . 44 feet ; thence N54°-56 ' -00"W, a distance of 59 . 09 feet; thence N48' -05 ' -05"E, a distance of 108 . 46 feet , to a point on the Westerly Line of said Lot 23 , said Westerly Line being a 55 .00 foot radius curve, concave to the Southwest ; thence Northwesterly, along said 55 . 00 foot radius curve, a distance of 10 . 06 feet , to the Northwest Corner of Said Lot 23 ; thence N48 ° -05 ' -05"E, along the Northeasterly Line of said Lot 23 , a distance of 125 . 77 feet ; thence S54'-56 ' -00"E, a distance of 50 . 69 feet , to the Point of beginning. " "A storm sewer easement across a portion of Lot 25 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa, more accurately described as follows : Commencing at the Southeast Corner of Lot 25 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa, thence N00 ' -00 ' -00"E along the East Line of said Lot 25 , a distance of 81 . 31 , to a point of curvature, of a 72 . 00 foot radius curve 'to the left; thence Northwesterly, along said curve, a distance of 53 . 14 feet , to the Point of Beginning; thence N65*-15 ' -29"W , a distance of 56. 21 feet, to a point on a 72 . 00 foot radius curve, concave to the Southwest; thence Southeasterly, along said curve, a distance of 57 . 74 feet , to the Point of Beginning. " SCHEDULE C PAGE 3 "A storm sewer easement across a portion of Lot 28 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa, more accurately described as follows : Commencing at the Northeast Corner of Lot 28 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa; thence N90 °-00 ' -00"W, along the North Line of said Lot 28, a distance of 28 .00 feet , to a point of curvature, of a 72 . 00 foot radius curve to the left; thence Southwesterly, along said curve, a distance of 1 . 75 feet , to the Point of Beginning; thence continuing Southwesterly, along said curve, a distance of 62 . 53 feet ; thence N63°-43 ' -09"E, a distance of 60 . 59 feet , to the Point of Beginning. " and Commencing at the Southwest Corner of Lot 28 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa; thence N00 '-00 ' -00"E, along the West Line of said Lot 28 , a distance of 33 . 67 feet , to the Point of Beginning; thence continuing N00` -00 ' -00"E, along said West Line of Lot 28 , a distance of 47 . 64 feet , to . a point of curvature, of a 72 .00 foot radius curve to the right; thence Northeasterly, along said curve, a distance of 45 . 90 feet ; thence S08°-52 ' -56"W, a distance of 91 . 59 feet , to the Point of Beginning. " "A storm sewer easement across a portion of Lot 29 , 21st Addition Parkview Heights Subdivision, an Official Plat, Ames , Story County, Iowa, more accurately described as follows : Beginning at the Southeast Corner of Lot 29, 21st Addition Parkview Heights Subdivision, an official Plat , Ames , Story County, Iowa; thence N90 ' -00 ' -00"W, along the South Line of said Lot 29, a distance of 28 . 00 feet , to a point of curvature, of a 72 . 00 foot radius curve to the left ; thence Northwesterly, along said curve, a distance of 71 . 92 feet; thence S69' -32 ' -31"E, a distance of 94 . 37 feet , to the Point of beginning. and Beginning at the Northwest Corner of Lot 29, 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa; thence S05' -17 ' -02"E, a distance of 121 . 04 feet, to a point on a 72 . 00 foot radius curve, concave Northeasterly; thence Northwesterly, along said curve, a distance of 40 . 60 feet; thence .N00' -00 ' -00"E, along the West Line of said Lot 29, a distance of 81 . 56 feet , to the Point of beginning . " SANITARY SEWER EASEMENT FOR . 21st ADDITION PARKVIEW HEIGHTS SUBDIVISION "A Sanitary Sewer Easement across a portion of Lot 24, 21st Addition Parkview Heights Subdivision, an Official Plat, Ames , Story County, Iowa, more accurately described as follows : Commencing at the Southwest Corner of Lot 24 , 21st Addition Parkview Heights Subdivision, an Official Plat , Ames , Story County, Iowa; thence N90 ° -00 ' -00"E, along the South Line of said Lot 24, a distance of 34. 25 feet , to the Point of Beginning; thence N74° -12 ' -26"E, a distance of 118 . 21 feet , to a point on the East Line of said Lot 24; thence S00° -00 ' -00"E, along said East Line of said Lot 24, a distance of 20 . 78 feet ; thence S`14'-12 ' -26"W, a distance of 41 . 84 feet , to a point on the South Line of said Lot 24; thence N90' -00 ' -00"W, along the South Line of said Lot 24 , a distance of 73 . 49 feet to the Point of Beginning. " SCHEDULE D