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HomeMy WebLinkAboutA008 - Easements dated September 22, 205 o U° Ln Instrunent:2005- 00012587 M MOM fj6r2005 12:51:07P D Rec Fee: 4t-00 E-fon Fee: 1,ijij Aud Fee: .00 Trans Tax: .00 ° Rec tianasenent Fee: 1.00 oNon-Standard Page Fee: .00 cV Filed for record in Story Gountsy Iowa i-° 3 — Susan L. Vande Kama► County Recorder Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye,Ste. 200,Ames,IA 50010;515-232-3921 EASEMENTS KNOW ALL PERSONS BY THESE PRESENTS: ERBEN HUNZIKER AND MARGARET HUNZIKER 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 Southerly 5.00 feet of Lot 1; AND, The Southerly 5.00 feet of Lot 2; AND, The Southerly 5.00 feet of Lot 3; AND, The Southerly 5.00 feet and the Easterly 5.00 feet of Lot 4; AND, The Easterly 5.00 feet of Lot 5; AND, The Easterly 5.00 feet of Lot 6; AND, The Easterly 5.00 feet of Lot 7; AND, The Easterly 5.00 feet of Lot 8; AND, The Easterly 5.00 feet of Lot 9; AND, The Easterly 5.00 feet of Lot 10; AND, The Easterly 5.00 feet of Lot 11; AND, The Easterly 5.00 feet of Lot 12; AND, The Easterly 5.00 feet of Lot 13; AND, The Easterly 5.00 feet of Lot 14; AND, The Easterly 5.00 feet of Lot 15; AND, The Easterly 5.00 feet of Lot 16; AND, The Easterly 5.00 feet and the Northerly 5.00 feet of Lot 17; AND, The Northerly 5.00 feet of Lot 18; AND, The Northerly 5.00 feet of Lot 19; AND, The Northerly 5.00 feet of Lot 20; AND, All of Outlot XX; all of the foregoing in SOMERSET SUBDIVISION TWENTIETH ADDITION, CITY OF AMES, STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns, a public pathway easement upon, underground, over and across the following real estate: The Easterly 4.00 feet of Lot 4; AND, The Easterly 4.00 feet of Lot 5; AND, The Easterly 4.00 feet of Lot 6; AND, The Easterly 4.00 feet of Lot 7; AND, The Easterly 4.00 feet of Lot 8; AND, 2 The Easterly 4.00 feet of Lot 9; AND, The Easterly 4.00 feet of Lot 10; AND, The Easterly 4.00 feet of Lot 11; AND, The Easterly 4.00 feet of Lot 12; AND, The Easterly 4.00 feet of Lot 13; AND, The Easterly 4.00 feet of Lot 14; AND, The Easterly 4.00 feet of Lot 15; AND, The Easterly 4.00 feet of Lot 16; AND, The Easterly 4.00 feet of Lot 17; AND, The Easterly 4.00 feet of Outlot XX lying between Lots 4 and 5, lying between Lots 7 and 8, lying between Lots 10 and 11, lying between Lots 13 and 14, and lying between Lots 16 and 17, all lying adjacent to the Westerly Right-of-Way Line of Stange Road as it is presently established; all of the foregoing in SOMERSET SUBDIVISION TWENTIETH ADDITION, CITY OF 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: Commencing at the Southwesterly Corner of Lot 2;thence, S73°00'00"W along the Southerly Line of Outlot XX a distance of 0.92 feet to the POINT OF BEGINNING; thence,continuing S73°00'00"W along the Southerly Line of Outlot XX a distance of 30.00 feet; thence, N17°00'00"W a distance of 87.20 feet; thence, N45°05'28"E a distance of 80.90 feet; thence, NO3°15'47"W a distance of 216.91 feet; thence, N06°32'18"E a distance of 59.25 feet; thence, N80°44'16"W a distance of 158.58 feet to a point on the Westerly Line of Outlot XX, said point being 10.37 feet Northeasterly of the most Westerly Corner of Outlot XX;thence,Northeasterly along the Westerly Line of Outlot XX and along a 66.50 foot radius curve concave Northwesterly a distance of 35.37 feet, said curve having a chord bearing of N40008'53"E and a chord length of 34.96 feet; thence, S80°44'16"E a distance of 139.21 feet; thence,N06°32'18"E a distance of 69.93 feet; thence,N15°15'45"W a 3 distance of 99.03 feet;thence,N17°00'42"E a distance of 67.94 feet to the Northerly Line of Outlot XX; thence, S72°59'18"E along the Northerly Line of Outlot XX a distance of 30.00 feet; thence, S17°00'42"W a distance of 59.26 feet; thence, S15°15'45"E a distance of 123.06 feet; thence, S06°32'18"W a distance of 136.57 feet;thence,S03°15'47"E a distance of 231.44 feet;thence,S45°05'28"W a distance of 68.64 feet to the Northerly Line of Lot 2; thence, S73°00'00"W along the Northerly Line of Lot 2 a distance of 14.50 feet to the Northwest Corner of Lot 2; thence, S 17°00'OOE along the Westerly Line of Lot 2 a distance of 7.68 feet;thence, S45°05'28"W a distance of 1.04 feet;thence,S17°00'00"E a distance of 57.83 feet to the POINT OF BEGINNING; AND, BEGINNING at the Northwest Corner of Lot 2; thence, N73°00'00"E along the Northerly Line of Lot 2 a distance of 14.50 feet; thence,S45005'28"W a distance of 16.41 feet to the Westerly Line of Lot 2; thence, N17°00'00"W along the Westerly Line of Lot 2 a distance of 7.68 feet to the POINT OF BEGINNING; all of the foregoing in SOMERSET SUBDIVISION TWENTIETH ADDITION, CITY OF AMES, STORY COUNTY, IOWA. The undersigned further grants unto the CITY OF AMES,IOWA,a municipal corporation, its successors and assigns,a water main easement upon,underground,over and across the following real estate: Commencing at the Southwesterly Corner of Lot 2;thence, S73°00'00"W along the Southerly Line of Outlot XX a distance of 0.92 feet to the POINT OF BEGINNING; thence,continuing S73°00'00"W along the Southerly Line of Outlot XX a distance of 30.00 feet; thence, N17°00'00"W a distance of 87.20 feet; thence, N45°05'28"E a distance of 80.90 feet; thence, NO3°15'47"W a distance of 216.91 feet; thence, N06°32'18"E a distance of 4.90 feet;thence,N83°27'42"W a distance of 15.00 feet; thence, N06°32'18"E a distance of 10.00 feet; thence, S83°27'42"E a distance of 15.00 feet; thence N06°32'18"E a distance of 44.35 feet; thence, N80°44'16"W a distance of 158.58 feet to a point on the Westerly Line of Outlot XX,said point being 10.37 feet Northeasterly of the most Westerly Corner of Outlot XX; thence, Northeasterly along the Westerly Line of Outlot XX and along a 66.50 foot radius curve concave Northwesterly a distance of 35.37 feet, said curve having a chord bearing of N40°08'53"E and a chord length of 34.96 feet; thence, S80°44'16"E a distance of 139.21 feet; thence, N06°32'18"E a distance of 69.93 feet; thence, N15015'45"W a distance of 99.03 feet;thence,N17°00'42"E a distance of 67.94 feet to the Northerly Line of Outlot XX;thence, S72°59'18"E along the Northerly Line of Outlot XX a distance of 30.00 feet; thence, S 17000'42"W a distance of 59.26 feet; thence, S 15 15 45 E a distance of 123.06 feet; thence, S06°32 18 W a distance of 136.57 feet;thence,S03°15'47"E a distance of 231.44 feet;thence,S45°05'28"W a 4 distance of 68.64 feet to the Northerly Line of Lot 2;thence,S73°00'00"W along the Northerly Line of Lot 2 a distance of 14.50 feet to the Northwest Corner of Lot 2; thence, S 17°00'OOE along the Westerly Line of Lot 2 a distance of 7.68 feet;thence, S45°05'28"W a distance of 1.04 feet; thence, S 17°00'00"E a distance of 57.83 feet to the POINT OF BEGINNING; AND, BEGINNING at the Northwest Corner of Lot 2; thence, N73°00'00"E along the Northerly Line of Lot 2 a distance of 14.50 feet; thence, S45°05'28"W a distance of 16.41 feet to the Westerly Line of Lot 2; thence, N17°00'00"W along the Westerly Line of Lot 2 a distance of 7.68 feet to the POINT OF BEGINNING; all of the foregoing in SOMERSET SUBDIVISION TWENTIETH ADDITION, CITY OF AMES, STORY 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: Commencing at the Southwesterly Corner of Lot 2; thence, S73°00'00"W along the Southerly Line of Outlot XX a distance of 0.92 feet to the POINT OF BEGINNING;thence,continuing S73°00'00"W along the Southerly Line of Outlot XX a distance of 30.00 feet; thence, N17°00'00"W a distance of 62.47 feet; thence, N78°42'57"W a distance of 58.28 feet; thence, S00°54'09"E a distance of 57.76 feet to the Westerly Line of Outlot XX; thence, N18°21'38"W along the Westerly Line of Outlot XX a distance of 33.33 feet; thence, N00°54'09"W a distance of 38.35 feet; thence, S78°42'57"E a distance of 65.29 feet; thence N17°00'00"W a distance of 13.38 feet; thence, N45°05'28"E a distance of 80.90 feet; thence, NO3°15'47"W a distance of 216.91 feet; thence,N06°32'18"E a distance of 159.21 feet; thence, N15°15'45"W a distance of 24.45 feet; thence, N72°59'18"W a distance of 42.32 feet; thence N17°00'42"E a distance of 10.00 feet; thence, S72°59'18"E a distance of 36.01 feet; thence, N15°15'45"W a distance of 62.75 feet; thence, N17°00'42"E a distance of 67.94 feet to the Northerly Line of Outlot XX;thence,S72°59'18"E along the Northerly Line of Outlot XX a distance of 30.00 feet;thence,S 17°00'42"W a distance of 59.26 feet;thence, S 15'15'45"E a distance of 73.02 feet;thence, S72°59'18"E a distance of 10.38 feet; thence, N49°27'55"E a distance of 40.23 feet; thence, N17°00'42"E a distance of 56.06 feet; thence, S72°59'18"E a distance of 10.00 feet; thence, S 17°00'42"W a distance of 52.51 feet; thence S72°59'18"E a distance of 32.00 feet; thence, S 17°00'42"W a distance of 10.00 feet; thence, N72°59'18"W a distance of 34.25 feet; thence, S49°27'55"W a distance of 40.18 feet; thence, 5 S15°58'36"W a distance of 22.99 feet; thence, S15°15'45"E a distance of 15.27 feet; thence, S06°32'18"W a distance of 35.36 feet; thence, S84°31'03"E a distance of 37.41 feet; thence, S05°28'57"W a distance of 10.00 feet; thence, N84031'03"W a distance of 37.60 feet; thence, S06°32'18"W a distance of 91.21 feet; thence, S03°15'47"E a distance of 7.43 feet; thence, S85°10'28"E a distance of 38.54 feet; thence, SO4°49'32"W a distance of 10.00 feet; thence N85°10'28"W a distance of 37.12 feet; thence, S03°15'47"E a distance of 103.68 feet; thence, N89°01'03"E a distance of 40.85 feet; thence, S00°58'57E a distance of 10.00 feet; thence, S89001'03"W a distance of 40.45 feet; thence, S03015'47"E a distance of 99.58 feet; thence, N79007'32"E a distance of 36.81 feet to the Westerly Line of Lot 5; thence, S17°00'00"E along the Westerly Line of Lot 5 a distance of 1.82 feet to the Southwest Corner of Lot 5;thence,N73°00'00"E along the Southerly Line of Lot 5 a distance of 16.95 feet; thence, N79°07'32"E a distance of 14.64 feet; thence, S10°52'28"E a distance of 10.00 feet;thence,S79007'32"W a distance of 82.45 feet;thence, S45°05'28"W a distance of 51.90 feet to the Northerly Line of Lot 2;thence, S73°00'00"W along the Northerly Line of Lot 2 a distance of 14.50 feet to the Northwest Corner of Lot 2; thence, S 17°00'OOE along the Westerly Line of Lot 2 a distance of 7.68 feet;thence,S45°05'28"W a distance of 1.04 feet; thence, S17°00'00"E a distance of 57.83 feet to the POINT OF BEGINNING; AND, BEGINNING at the Southeast Corner of Lot 3;thence,N17000'00"W along the Easterly Line of Lot 3 a distance of 5.00 feet; thence, N73°00'00"E a distance of 1.00 feet; thence, N17°00'00"W a distance of 32.00 feet; thence N73°00'00"E a distance of 10.00 feet; thence, S17°00'00"E a distance of 37.00 feet to the Southerly Line of Outlot XX; thence, S73°00'00"W along the Southerly Line of Outlot XX a distance of 11.00 feet to the POINT OF BEGINNING; AND, BEGINNING at the Northwest Corner of Outlot XX; thence S72°59'18"E along the Northerly Line of Outlot XX a distance of 5.58 feet to the Northwest Corner of Lot 20; thence, S 17000'42"W along the Westerly Line of Lot 20 a distance of 31.00 feet; thence, N72°59'18"W a distance of 7.83 feet to the Westerly Line of Outlot XX; thence, N21°09'37"E along the Westerly Line of Outlot XX a distance of 31.08 feet to the POINT OF BEGINNING, said easement lying between Lot 20 and Lot B; AND, BEGINNING at the Northwest Corner of Lot 2;thence,N73°00'00"E along the Northerly Line of Lot 2 a distance of 14.50 feet; thence, S45°05'28"W a distance of 16.41 feet to the Westerly Line of Lot 2; thence, N17°00'00"W along the Westerly Line of Lot 2 a distance of 7.68 feet to the POINT OF BEGINNING; AND, 6 The Southerly 5.00 feet of Lot 3; AND, BEGINNING at the Northwest Corner of Lot 20;thence, S72°59'18"E along the Northerly Line of Lot 20 a distance of 12.90; thence, S82°25'52"W a distance of 14.19 feet to the Westerly Line of Lot 20; thence,N17°00'42"E along the Westerly Line of Lot 20 a distance of 5.90 feet to the POINT OF BEGINNING; all of the foregoing in SOMERSET SUBDIVISION TWENTIETH ADDITION, CITY OF 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 Z,Z day of , 2005. ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMENT, L.L.C. By: Den E. Hunziker, Ma er STATE OF IOWA, STORY COUNTY, ss: On this - day of /��/` , 2005, before me,Notary Public in and for the State of Iowa, personally appeared Dean E. 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 Ifart E. Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. i DEBORAH S. KRAUTH y COMMISSION NO. 129704 my cavMi ION EX my COMMIfIOIRES ary lic in and for the State of Iowa IOWA 7 D & R FURMAN, L.L.C. By: 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 - - day of , 2005, before me,Notary Public in and for the State of Iowa, personally 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 by it voluntarily executed. z'pPA�S JEANNIE A. STOLEE COMMISSION#137834 __ MY COMMISSION EXPIRES tary Public in and for the State of Iowa R. FRIEDRICH& SONS, INC. By: Re nhard K. Friedric , Pre ident By: Robert K. Friedrich, Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this Z5- day of I G 2005, before me, the undersigned, a Notary Public in and for the State of Iowa, pers pally appeared Reinhard K. Friedrich and Robert K. Friedrich, Jr., to me personally known, who being by me duly sworn, did say that they are the President and Vice President, 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 them volunta ly executed. FInc IV LDEBORAIH S. KRAUTH' yON NO. 129704N tary Public in and for the State of Iowa S ION E IRES 8