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Home My WebLink AboutA006 - Easements dated September 11, 2001 01 - 13553 '-+ INST.NO. - o STORY COUNTY,IOWA 3 3 r "OD FILED FOR RECORD AW OCT o 3 2001 PM a SUSAN L.VANDE KAMP,Recordea Li.z► ° ffiC.FK 3$i b.I0AUD.FEE$ trument prepared by: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, 1A 50010-8070; 515-232-3921 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: That ERBEN HUNZIKER AND MARGARET HUNZH ER DEVELOPMENT, L.L.C.,an Iowa limited liability company,and D&R FURMAN,L.L.C.,and Iowa limited liability company,for good and valuable consideration,receipt of which is hereby acknowledged,do hereby grant unto the CITY OF AMES, IOWA, a municipal corporation, its successors and assigns, the perpetual right to construct,reconstruct,maintain,repair and use utility services and apparatus upon, underground, over or across the following-described real estate: THE SOUTH 10.00 FEET, THE WEST 10.00 FEET AND THE EAST 5.00 FEET OF LOT 1; THE WEST 10.00 FEET AND THE EAST 5.00 FEET OF LOT 2; THE WEST 10.00 FEET AND THE EAST 5.00 FEET OF LOT 3; THE WEST 10.00 FEET AND THE EAST 5.00 FEET OF LOT 4; THE WEST 10.00 FEET AND THE EAST 5.00 FEET OF LOT 5; THE WESTERLY 10.00 FEET, THE NORTH 5.00 FEET, THE EASTERLY 5.00 FEET AND THE SOUTH 5.00 FEET OF THE EASTERLY 21.39 FEET OF LOT 6; THE SOUTH 10.00 FEET,THE EAST 10.00 FEET AND THE NORTHERLY 5.00 FEET OF LOT 7; THE SOUTH 10.00 FEET AND THE NORTH 5.00 FEET OF LOT 8; THE SOUTH 10.00 FEET AND THE NORTH 5.00 FEET OF LOT 9; THE SOUTH 10.00 FEET AND THE NORTH 5.00 FEET OF LOT 10; THE SOUTH 10.00 FEET AND THE NORTH 5.00 FEET OF LOT 11; THE SOUTH 10.00 FEET AND THE NORTH 5.00 FEET OF LOT 12; THE SOUTH 10.00 FEET, THE NORTH 5.00 FEET AND THE WEST 5.00 FEET OF LOT 13; THE SOUTH 10.00 FEET,THE NORTH 10.00 FEET AND THE WEST 5.00 FEET OF LOT 14; THE NORTH 10.00 FEET AND THE SOUTH 10.00 FEET OF LOT 15; THE NORTH 10.00 FEET AND THE SOUTH 10.00 FEET OF LOT 16; THE NORTH 10.00 FEET AND THE SOUTH 10.00 FEET OF LOT 17; THE NORTH 10.00 FEET AND THE SOUTH 10.00 FEET OF LOT 18; THE NORTH 10.00 FEET OF LOT 19; THE NORTH 10.00 FEET AND THE EAST 10.00 FEET OF LOT 20; THE SOUTH 10.00 FEET AND THE EAST 10.00 FEET OF LOT 21; all of the foregoing in BROOKVIEW PLACE WEST FIRST ADDITION, AMES, STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES, IOWA, a municipal corporation,its successors and assigns,a sanitary and storm sewer easement upon,underground,over and across the following real estate: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 18,A DISTANCE OF 60.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON 2 1 1 i THE EAST LINE OF SAID LOT 18, SAID POINT BEING 12.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 18; THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 18, A DISTANCE OF 12.00 FEET TO THE POINT OF BEGINNING; 1 BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 21; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 21,A DISTANCE OF 134.80 FEET TO THE SOUTHWEST CORNER OF SAID LOT 21; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 21, A DISTANCE OF 12.00 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 21, SAID POINT BEING 32.00 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 21;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 21,A DISTANCE OF 32.00 FEET TO THE POINT OF BEGINNING; all of the foregoing in BROOKVIEW PLACE WEST FIRST ADDITION, AMES, STORY g g COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES, IOWA, a municipal corporation, its successors and assigns, a storm sewer and surface water flowage easement upon, underground, over and across the following real estate: THE WEST 15.00 FEET OF LOT 11; THE EAST 15.00 FEET OF LOT 12; THE EAST 15.00 FEET OF LOT 15; THE WEST 15.00 FEET OF LOT 16; all of the foregoing in BROOKVIEW PLACE WEST FIRST ADDITION, AMES, STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES, IOWA, a municipal 3 I corporation,its successors and assigns,a surface water flowage and surface water storage easement upon, underground, over and across the following real estate: AN IRREGULAR SHAPED SURFACE WATER FLOWAGE AND SURFACE WATER STORAGE EASEMENT OVER AND ACROSS A PORTION OF LOT 14 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 14; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 14,A DISTANCE OF 67.95 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 14,A DISTANCE OF 107.11 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 14, SAID POINT BEING 108.54 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 14;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 14,A DISTANCE OF 108.54 FEET TO THE POINT OF BEGINNING; AN IRREGULAR SHAPED SURFACE WATER FLOWAGE AND SURFACE WATER STORAGE EASEMENT OVER AND ACROSS A PORTION OF LOT 15 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 15; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 15,A DISTANCE OF 67.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 15,A DISTANCE OF 108.54 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 15, SAID POINT BEING 109.96 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 15;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 15,A DISTANCE OF 109.96 FEET TO THE POINT OF BEGINNING; AN IRREGULAR SHAPED SURFACE WATER FLOWAGE AND SURFACE WATER STORAGE EASEMENT OVER AND ACROSS A PORTION OF LOT 16 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 16; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 16,A DISTANCE OF 67.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 16,A DISTANCE OF 109.96 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 16, SAID POINT BEING 111.37 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 16;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 16,A DISTANCE OF 111.37 FEET TO THE POINT OF BEGINNING; 4 AN IRREGULAR SHAPED SURFACE WATER FLOWAGE AND SURFACE WATER STORAGE EASEMENT OVER AND ACROSS A PORTION OF LOT 17 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 17; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 17,A DISTANCE OF 65.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 17; THENCE NORTH ALONG THE WEST LINE OF SAID LOT 17,A DISTANCE OF 111.37 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 17, SAID POINT BEING 102.34 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 17;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 17,A DISTANCE OF 102.34 FEET TO THE POINT OF BEGINNING; AN IRREGULAR SHAPED SURFACE WATER FLOWAGE AND SURFACE WATER STORAGE EASEMENT OVER AND ACROSS A PORTION OF LOT 18 DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 18; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 18,A DISTANCE OF 60.01 FEET TO THE SOUTHWEST CORNER OF SAID LOT 18, THENCE NORTH ALONG THE WEST LINE OF SAID LOT 18,A DISTANCE OF 102.34 FEET; THENCE EASTERLY IN A STRAIGHT LINE TO A POINT ON THE EAST LINE OF SAID LOT 18, SAID POINT BEING 94.01 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 18;THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 18, A DISTANCE OF 94.01 FEET TO THE POINT OF BEGINNING; THE NORTH 70.00 FEET OF LOT 10; THE NORTH 70.00 FEET OF LOT 11; THE NORTH 70.00 FEET OF LOT 12; THE NORTH 70.00 FEET OF LOT 13; all of the foregoing in BROOKVIEW PLACE WEST FIRST ADDITION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, 5 its successors and assigns,a storm sewer easement upon,underground,over and across the following real estate: THE SOUTH 50.00 FEET OF LOT 14; THE SOUTH 50.00 FEET OF LOT 15; all of the foregoing in BROOIMEW PLACE WEST FIRST ADDITION, AMES, STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns,a temporary turn-around easement upon,underground,over and across the following real estate: THE SOUTH12.00 FEET OF THE WEST 30.00 FEET OF LOT 13; all of the foregoing in BROOKVIEW PLACE WEST FIRST ADDITION, AMES, STORY COUNTY, IOWA. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. Dated this day of , , 2001. ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMENT, L.L.C. By: ,�� AZL'-; C D an Hunziker, Ma Wager 6 D & R FURMAN, L.L.C. Donald M. Furman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991, Member STATE OF IOWA, STORY COUNTY, ss: On this 1/day of , 2001,before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dean Hunziker, to me personally known, who being by me duly sworn did say that he is a Manager of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Dean Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. �T otary Public`in and for Me State of Iowa STATE OF IOWA, STORY COUNTY, ss: On this // day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa,personally appeared Donald M.Furman,to me personally known, who being by me duly sworn stated that he is the Co-Trustee of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, which Trust is a Member of D&R Furman,L.L.C., an Iowa limited liability company;that this instrument was signed on behalf of the Donald and Ruth Furman Revocable Trust dated March 1, 1991 as a Member of D&R Furman, L.L.C. by authority of the Members of the limited liability company;and that Donald M.Furman,Co-Trustee,as a Member of the limited liability company acknowledged the execution of the instrument to be the voluntary act and deed of said limited liability company by it and by the said Member voluntarily executed. 7 �w� Notary Public in and for the State of Iowa P:\DSKrauth\Brookview Place WestTirst Addition\EASEMENT.doc 7