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Home My WebLink AboutA009 - Easements dated October 22, 2003 �- 03 23344 INST.NO. le* STORY COUNTY,IOWA FILED FOR RECORD NOV 21 2003 �!�i_ P SUSAN L� �AN�E KAMP,Racordar� PLC.FEE moo.w,BUD.FEE� 1 '°l5 Instrument Prepared By: Deborah S.Krauth, 1416 Buckeye, Ste.200,Ames,IA 50010; 515-232-3921 Q co w.° co(y EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: ERBEN HUNZIKER AND MARGARET HUNZIN ER DEVELOPMENT,L.L.C.;D& R FURMAN,L.L.C.; and R.FRIEDRICH&SONS,INC.,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 and across the following-described real estate: The Southwesterly 5.00 feet, the Southeasterly 5.00 feet, and the Northeasterly 5.00 feet of Lot 1; AND, The Southwesterly 5.00 feet and the Northeasterly 5.00 feet of Lot 2; AND, The Westerly 5.00 feet and the Easterly 5.00 feet of Lot 3; AND, The Westerly 5.00 feet and the Easterly 5.00 feet of Lot 4; AND, The Westerly 5.00 feet,the Southerly 5.00 feet,and the Easterly 5.00 feet of Lot 5; AND, The Westerly 5.00 feet and the Easterly 5.00 feet of Lot 6; AND, The Westerly 5.00 feet, the Northerly 10.00 feet, and the Easterly 5.00 feet of Lot 7; AND, The Westerly 5.00 feet, the Northerly 10.00 feet, and the Easterly 5.00 feet of Lot 8; AND, The Westerly 5.00 feet and the Easterly 5.00 feet of Lot 9; AND, The Westerly 5.00 feet and the Easterly 5.00 feet of Lot 10; AND, The Southwesterly 5.00 feet and the Northeasterly 5.00 feet of Lot 11; AND, The Southwesterly 5.00 feet and the Northeasterly 5.00 feet of Lot 12; AND, The Southwesterly 5.00 feet and the Northeasterly 5.00 feet of Lot 13; AND, The Southwesterly 5.00 feet and the Northeasterly 5.00 feet of Lot 14; AND, The Northerly 5.00 feet and the Southerly 5.00 feet of Lot 15; AND, The Northerly 5.00 feet and the Southerly 5.00 feet of Lot 16; AND, The Northerly 5.00 feet,the Easterly 5.00 feet,and the Southerly 5.00 feet of Lot 17; AND, The Northwesterly 5.00 feet and the East 5.00 feet of Lot 18; AND, The Northwesterly 5.00 feet and the East 5.00 feet of Lot 19; AND, The Westerly 5.00 feet and the East 5.00 feet of Lot 20; AND, The Westerly 5.00 feet,the North 5.00 feet, and the East 5.00 feet of Lot 21; AND, The Northerly 10.00 feet of Outlot XX; AND, The Northerly 10.00 feet, the Westerly 5.00 feet, and the Southerly 5.00 feet of Lot 22; AND, The Northerly 10.00 feet and the Southerly 5.00 feet of Lot 23;AND, The Northerly 10.00 feet and the Southerly 5.00 feet of Lot 24;AND, 2 The Northerly 10.00 feet and the Southerly 5.00 feet of Lot 25;AND, The Northerly 10.00 feet and the Southerly 5.00 feet of Lot 26;AND, The Northerly 10.00 feet and the Southerly 5.00 feet of Lot 27;AND, The Northerly 10.00 feet and the Westerly 5.00 feet of Outlot YY; AND, The Westerly 5.00 feet of Lot 28; AND, The West 5.00 feet of Lot 29; AND, The West 5.00 feet of Lot 30; AND, The West 5.00 feet of Lot 31; AND, The West 5.00 feet of Lot 32; AND, The West 5.00 feet of Lot 33; AND, The West 5.00 feet of Lot 34; AND, The West 5.00 feet and the South 2.50 feet of Lot 35; AND, The West 5.00 feet and the North 2.50 feet of Outlot ZZ; AND, The West 5.00 feet of Lot 36; AND, The West 5.00 feet of Lot 37; AND, The West 5.00 feet of Lot 38; AND, The West 5.00 feet of Lot 39; AND, The West 5.00 feet of Lot 40; AND, The West 5.00 feet and the South 5.00 feet of Lot 41 AND, The South 5.00 feet and the East 5.00 feet of Outlot WW; 3 .r all of the foregoing in SOMERSET SUBDIVISION THIRTEENTH ADDITION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns,a public walk easement upon,underground,over and across the following real estate: The Easterly 6.50 feet of Outlot YY; AND, The East 6.50 feet of Lot 28; AND, The East 6.50 feet of Lot 29; AND, The East 6.50 feet of Lot 30; AND, The East 6.50 feet of Lot 31; AND, The East 6.50 feet of Lot 32; AND, The East 6.50 feet of Lot 33; AND, The East 6.50 feet of Lot 34; AND, The East 6.50 feet of Lot 35; AND, The East 6.50 feet of Outlot ZZ; AND, The East 6.50 feet of Lot 36; AND, The East 6.50 feet of Lot 37; AND, The East 6.50 feet of Lot 38; AND, The East 6.50 feet of Lot 39; AND, The East 6.50 feet of Lot 40; AND, 4 A The East 6.50 feet of Lot 41; all of the foregoing in SOMERSET SUBDIVISION THIRTEENTH ADDITION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns, a sanitary sewer easement upon, underground, over and across the following real estate: The Northerly 10.00 feet of Lot 4; AND, The Southerly 10.00 feet of Lot 5; AND, An irregularly shaped portion of Lot 10 described as Beginning at the most Southerly Corner of Lot 10; thence, N67°54'21"W along the Westerly Line of Lot 10 a distance of 17.40 feet; thence, N22°12'29"W along the Westerly Line of Lot 10 a distance of 20.45 feet; thence, S54°52'40"E a distance of 34.68 feet to the Southeasterly Line of Lot 10; thence, S39°15'56"W along the Southeasterly Line of Lot 10 a distance of 7.14 feet to the Point of Beginning; AND, A triangularly shaped portion of Lot 11 described as Beginning at the most Westerly Corner of Lot 11; thence, N39°15'56"E along the Northwesterly Line of Lot 11 a distance of 7.14 feet; thence S54°52'40"E a distance of 30.24 feet to the Southwesterly Line of Lot 11;thence,N67°54'21"W along the Southwesterly Line of Lot 11 a distance of 31.57 feet to the Point of Beginning. An irregularly shaped portion of Lot 19 described as Beginning at the Northeast Corner of Lot 19; thence, S00°00'00"E along the East Line of Lot 19 a distance of 51.48 feet; thence,N57°18'12"W a distance of 9.53 feet;thence,NO3°27'42"W a distance of 46.41 feet to the North Line of Lot 19; thence, N90°00'00"E along the North Line of Lot 19 a distance of 10.83 feet to the Point of Beginning; AND, A trapezoidal shaped portion of Lot 20 being the East 10.83 feet on the South Line and the East 13.06 feet on the North Line; AND, 5 A trapezoidal shaped portion of Lot 21 being the East 13.06 feet on the South Line and the East 15.30 feet on the North Line; AND, A triangularly shaped portion of Lot 35 being the South 3.00 feet on the East Line and the full extent of the South Line; AND, A trapezoidal shaped portion of Outlot ZZ being the North 27.00 feet on the East Line and the North 30.00 feet on the West Line; all of the foregoing in SOIVIERSET SUBDIVISION THIRTEENTH ADDITION, AMES, STORY COUNTY,IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns,a storm sewer easement upon,underground,over and across the following real estate: A triangularly shaped portion of Lot 7 being the North 10.00 feet on the West Line and the West 25.00 feet on the North Line; AND, A triangularly shaped portion of Outlot XX described as Beginning at the Northeast Corner of Outlot XX; thence, S17°36'08"E along the Easterly Line of Outlot XX a distance of 25.00 feet; thence N71°25'55"W a distance of 39.90 feet to the Northerly Line of Outlot XX; thence, Easterly along the Northerly Line of Outlot XX a distance of 32.25 feet to the Point of Beginning; AND, An irregularly shaped portion of Outlot YY described as Beginning at the Southwest Corner of Outlot YY; thence, N17°00'00"W along the Westerly Line of Outlot YY a distance of 19.85 feet; thence, N36°34'41"E a distance of 28.55 feet; thence, S53°25'19"E a distance of 20.00 feet; thence, S36°34'41"W a distance of 37.35 feet to the South Line of Outlot YY; thence, S00°00'00"W along the South Line of Outlot YY a distance of 5.01 feet to the Point of Beginning; AND, The Southeasterly 16.00 feet of Lot 27; AND, The Northwesterly 4.00 feet of Lot 28; 6 f all of the foregoing in SOMERSET SUBDIVISION THIRTEENTH 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 2�- day of �f� , 2003. ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMENT, L.L.C. By: Gary J. H , Manager STATE OF IOWA, STORY COUNTY, ss: On this Z Z- day of0& ,2003,before me,Notary Public in and for the State of Iowa,personally appeared Gary J.Hunziker,to me personally known,who being by me duly sworn did say that that person is 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 E.Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. DPP\AL,,� DEBORAH S. KRAUTH a COMMISSION NO. 129704 MY CO M sl P1AES N t " Public in and for the State of Iowa IOWA D &R FURMAN, L.L.C. By: Donald M. unman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991, Member 7 STATE OF IOWA, STORY COUNTY, ss: On this day of �'/ 6 � ,2003,before me,Notary Public in and for the State of Iowa, p&-sonally appeared Donald M. Furman, Co-Trustee, to me personally known, who being by me duly sworn did say that that person is a Member 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 Donald M. Furman acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company it voluntarily executed. 4�PP\Ac s� DEBORAH S. KRAUTH COMMISSION NO. 129704 19y co Mr s oN PIRES o a ufflis in and for the State of Iowa 104YA R. FRIEDRICH & SONS, INC. By: R bert K. Friedric , Jr., Vice President By: W,,,?-- 2. Kurt W. Friedrich, Secretary/Treasurer STATE OF IOWA, STORY COUNTY, ss: �f day r 1 On this y of ,. / ,2003,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Robert K. Friedrich, Jr. and Kurt W. Friedrich,to me personally known, who being by me duly sworn, did say that they are the Vice President and Secretary/Treasurer,respectively,of the corporation executing with within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K. Friedrich, Jr., as such officers, acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by the-' oluntaril executed. DEBORAH S. KRAUTH �t\ a COMMISSION NO. 129704 of Public in and for the State of Iowa AAy C AIII IS 101V DIRFS 101Y A 8