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HomeMy WebLinkAboutA011 - Easements dated June 19, 2006 c ,� Instrunent:2006- 00007624 E-� H Date:Jun 2572006 03:29:13F 00 D Rec Fee: 45.00 E-Con Fee: 1..00 U Aud Fee: .00 Trans Tax: .0 Rec Manasenent Fee: 1.00 ��0 _ F1on-Standard Fase Fee: .00 o Filed for record in Story Countyr Iowa Susan L. Mande Kamp County Recorder U) co cr`n% 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 Westerly 10.00 feet and the Northerly 10.00 feet and the Easterly 10.00 feet of Lot 1; AND, The Westerly 10.00 feet and the Easterly 10.00 feet of Lot 2; AND, The Westerly 10.00 feet and the Easterly 10.00 feet Lot 3; AND, The Westerly 10.00 feet and the Easterly 10.00 feet of Lot 4; AND, The Westerly 10.00 feet and the Northeasterly 10.00 feet Lot 5; AND, The Southeasterly 10.00 feet and the Northeasterly 10.00 feet Lot 6; AND, The Westerly 10.00 feet and the Southerly 10.00 feet Lot 7; AND, The Westerly 10.00 feet and the Northerly 10.00 feet Lot 8; AND, The Northerly 10.00 feet of Lot 9; AND, The Northwesterly 10.00 feet of Lot 10; AND, The Northwesterly 10.00 feet and the Northeasterly 10.00 feet of Lot 11; AND, The Southeasterly 10.00 feet and the Southwesterly 10.00 feet of Lot 12; AND, The Southwesterly 10.00 feet of Lot 13; AND, The Southwesterly 10.00 feet Lot 14; AND, The Southwesterly 10.00 feet of Lot 15; AND, The Southwesterly 10.00 feet of Lot 16; AND, The Southwesterly 10.00 feet of Lot 17; AND, The Southwesterly 10.00 feet of Lot 18; AND, The Westerly 10.00 feet of Lot 19; AND, The Westerly 10.00 feet of Lot 20; AND, The Westerly 10.00 feet and the Northeasterly 10.00 feet of Lot 21; AND, The Northeasterly 10.00 feet of Lot 22; AND, The Northeasterly 10.00 feet of Lot 23; AND, The Northeasterly 10.00 feet of Lot 24; AND, The Northeasterly 10.00 feet of Lot 25; AND, The Northeasterly 10.00 feet of Lot 26; AND, The Northeasterly 10.00 feet of Lot 27; AND, The Northeasterly 10.00 feet of Lot 28; AND, 2 The Northeasterly 10.00 feet and the Southeasterly 10.00 feet of Lot 29; AND, The Southerly 10.00 feet and the Easterly 10.00 feet of Lot 30; AND, The Southerly 10.00 feet of Lot 31; AND, The Southerly 10.00 feet of Lot 32; AND, The Southerly 10.00 feet of Lot 33; AND, The Southwesterly 10.00 feet of Lot 34; AND, The Southwesterly 10.00 feet of Lot 35; AND, The Southwesterly 10.00 feet of Lot 36; AND, The Southwesterly 10.00 feet of Lot 37; AND, The Southwesterly 10.00 feet of Lot 38; AND, The Southwesterly 10.00 feet of Lot 39; AND, The Southwesterly 10.00 feet of Lot 40; AND, The Southwesterly 10.00 feet of Lot 41; AND, The Southwesterly 10.00 feet and the Westerly 10.00 feet of Lot 42; AND, The Northerly 10.00 feet of Outlot YY lying between Lots 21 and 22, all lying adjacent to the Southerly Right-of-Way Line of Aspen Road as it is presently established; AND, The Easterly 10.00 feet of Outlot YY lying between Lots 12 and 29 and lying adjacent to the Westerly Right-of-Way Line of Oxford Avenue as it is presently established; AND, The Southwesterly 10.00 feet of Outlot ZZ lying between Lots 41 and 42 and lying adjacent to the Northerly Right-of-Way Line of Aspen Road as it is presently established; AND, 3 The Easterly 10.00 feet of Outlot ZZ lying North of Lot 30 and lying adjacent to the Westerly Right-of-Way Line of Stange Road as it is presently established; all of the foregoing in Somerset Subdivision Twenty-first 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 8.00 feet of Lot 30; AND, The Easterly 8.00 feet of Outlot ZZ lying North of Lot 30 and lying adjacent to the Westerly Right-of-Way Line of Stange Road as it is presently established; all of the foregoing in Somerset Subdivision Twenty-first 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: The Southerly 10.00 feet of Lot 4; AND, The West 20.00 feet and the Northerly 10.00 feet of Lot 5; AND, The West 20.00 feet of Lot 7; AND, BEGINNING at the most Northerly Corner of Lot 18; thence, S53°06'28"E along the Northeasterly Line of Lot 18 a distance of 47.55 feet; thence, N68°46'55"W a distance of 30.42 feet; thence, S63°34'00"W a distance of 83.21 feet; thence N49°55'02"E along the Northwesterly Line of Lot 18 a distance of 84.75 feet to the POINT OF BEGINNING; AND, 4 Beginning at the Southeasterly Corner of Lot 19;thence,S49°55'02"W along the Southeasterly Line of Lot 19 a distance of 107.50 feet to the Southwesterly Corner of Lot 19;thence,Northerly along the Westerly Line of Lot 19 and along a 66.00 foot radius curve concave Easterly a distance of 25.55 feet; thence,N63°34'00"E a distance of 105.60 feet to the POINT OF BEGINNING; AND, The Southeasterly 10.00 feet of Lot 24; AND, The Northwesterly 10.00 feet of Lot 25; AND, The Westerly 10.00 feet of Lot 31; AND, The Easterly 10.00 feet of Lot 32; AND, The Northwesterly 10.00 feet of Lot 38; AND, The Southeasterly 10.00 feet of Lot 39; AND, BEGINNING at the Southeasterly Corner of Lot 24; thence, S60°37'42"E along the Northerly Line of Outlot YY a distance of 10.00 feet; thence,S29°22'18"W a distance of 17.34 feet; thence, N68046'55"W a distance of 128.10 feet to the Southerly Line of Outlot YY; thence, N53°06'28"W along the Southerly Line of Outlot YY a distance of 47.55 feet to the most Northerly Corner of Lot 18; thence,N63°34'00"E a distance of 9.68 feet;thence,S68°46'55"E a distance of 150.02 feet to the Northerly Line of Outlot YY;thence,S60°37'42"E along the Northerly Line of Outlot YY a distance of 10.00 feet to the POINT OF BEGINNING; AND, BEGINNING at the Northeast Corner of Lot 32;thence,N69°49'39"W along the Northerly Line of Lot 32 a distance of 10.02 feet;thence,N17°00'42"E a distance of 15.02 feet to the Northerly Line of Outlot ZZ; thence, S69°49'39"E along the Northerly Line of Outlot ZZ a distance of 10.06 feet; thence, S75°49'52"E along the Northerly Line of Outlot ZZ a distance of 9.97 feet;thence,S 17°00'42"W a distance of 15.02 feet to the Northerly Line of Lot 31; thence, N75°49'52"W along the Northerly Line of Lot 31 a distance of 10.01 feet to the POINT OF BEGINNING; AND, BEGINNING at the Northeast Corner of Lot 39;thence,N60°37'42"W along the Northerly Line of Lot 39 a distance of 10.00 feet;thence,N29°22'18"E a distance of 49.24 feet to the Northerly Line of Outlot ZZ; thence, S76°18'20"E along the Northerly Line of Outlot ZZ a distance of 20.77 feet; thence, S29°22'18"W a distance of 54.85 feet to the Northerly Line of 5 Lot 38; thence,N60°37'42"W along the Northerly Line of Lot 38 a distance of 10.00 feet to the POINT OF BEGINNING; all of the foregoing in Somerset Subdivision Twenty-first 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 surface water flowage easement upon,underground,over and across the following real estate: The Westerly 20.00 feet of Lot 2; AND, The Westerly 20.00 feet of Lot 3; AND, The Westerly 20.00 feet of Lot 4; AND, The Southerly 20.00 feet of Lot 8; AND, BEGINNING at the Southwest Corner of Lot 9;thence,N00°19'02"W along the West Line of Lot 9 a distance of 20.01 feet; thence, S88°22'10"E a distance of 60.44 feet; thence, N58°02'31"E a distance of 51.00 feet to the Easterly Line of Lot 9;thence,S24°28'30"E along the Easterly Line of Lot 9 a distance of 25.59 feet to the Southeast Corner of Lot 9; thence, S64°19'24"W along the Southerly Line of Lot 9 a distance of 55.02 feet; thence, N88°22'10"W along the Southerly Line of lot 9 a distance of 64.62 feet to the POINT OF BEGINNING; AND, BEGINNING at the Southwest Corner of Lot 10; thence, N24°28'30"W along the Westerly Line of Lot 10 a distance of 25.59 feet; thence, N58°02'31"E a distance of 100.75 feet to the Northeasterly Line of Lot 10; thence, S44°24'33"E along the Northeasterly Line of Lot 10 a distance of 20.00 feet to the most Easterly Corner of Lot 10;thence,S45°35'27"W along the Southeasterly Line of Lot 10 a distance of 55.00 feet; thence, S64°19'24"W along the Southeasterly Line of lot 10 a distance of 55.02 feet to the POINT OF BEGINNING; AND, The Northeasterly 10.00 feet of Lot 12; AND, The Northeasterly 10.00 feet of Lot 13; AND, 6 The Northeasterly 10.00 feet of Lot 14; AND, The Northeasterly 10.00 feet of Lot 15; AND, The Northeasterly 10.00 feet of Lot 16; AND, The Northeasterly 10.00 feet of Lot 17; AND, The Northeasterly 10.00 feet of Lot 18; AND, The Easterly 10.00 feet of Lot 19; AND, The Easterly 10.00 feet of Lot 20; AND, The Easterly 10.00 feet of Lot 21; AND, The Northwesterly 10.00 feet and the Westerly 10.00 feet and the Southwesterly 10.00 feet of Lot 22; AND, The Southwesterly 10.00 feet of Lot 23; AND, The Southwesterly 10.00 feet of Lot 24; AND, The Southwesterly 10.00 feet of Lot 25; AND, The Southwesterly 10.00 feet of Lot 26; AND, The Southwesterly 10.00 feet of Lot 27; AND, The Southwesterly 10.00 feet of Lot 28; AND, The Southerly 10.00 feet of Lot 29; AND, The Northerly 10.00 feet of Lot 30; AND, The Northerly 10.00 feet of Lot 31; AND, The Northerly 10.00 feet and the Westerly 7.50 feet of Lot 32; AND, The Northerly 10.00 feet and the Easterly 7.50 feet of Lot 33; AND, The Northerly 10.00 feet of Lot 34; AND, 7 The Northeasterly 10.00 feet of Lot 39; AND, The Northeasterly 10.00 feet of Lot 40; AND, The Northerly 10.00 feet of Lot 41; all of the foregoing in Somerset Subdivision Twenty-first 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 day of 2006. ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOP By: -1 . z Dean . Hunziker, Manager STATE OF IOWA, STORY;red TY, ss: On this day of 2006,before me,Notary Public in and for the State of Iowa,personally appean E.Hunziker,tome 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. P%AL d, DEBORAH S. KRAUTH zPln. COMMISSION NO. 129704 N Public in and or the State of Iowa MY CO ISSION EXPI ES 8 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--9-- J day of 14 nQ ,2006,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. Q\Ac JEANNIE A. STOLEE o-P s9 COMMISSION#137834 otary Public in and for the State of Iowa ' MY COMMISSION EXPIRES O\YA 6 R. CH& SO , C. By: einhard K. Friedrich, P esident By: ,e 94 Y.,/z A Robert K. Friedrich, 31., Vice President STATE OF IOWA, STORY COUNTY, ss: On this L day of JG,t!�c ,2006,before me,the undersigned,a Notary Public in and for the State of Iowa,personally 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 voluntarily executed. JEANNIE A. STOLEE - COMMISSION# 137834 * MY COMMISSION EXPIRES 14otary Public in and for the State of Iowa X:\Client_H\Hunziker_Entities\Hunziker_Fuvnan_Friedrich\Soimrset_Twenty-first_Addition\F-uetnents.doc 9