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Home My WebLink AboutA005 - Easement f 4 n r L I in en -1 uiAf 1 7 i 1 1. 'Ji, Aud Fee ilu Trans Tax Rec ManagetleO F Hon--S f and ar%d F-Qq eeR 1.11J, Fi led for record in IC)Wk1 "us art L. Van d r, K C!tA P "GinRecor def, 5 P A C E A B 0 V E R E 5 E R V E D F 0 R 0 F F I C I A L U S E Retui-ri document to: Victoria A.Feilmeyer,Attorney at law,1416 Buckeye Ave.,Ames LA 50010 Document prepared bN: Victoria A.Feilinever,Attorney at law,1416 Buckeye Ave.,Ames fA 50010--Ph.515-956-3900 EASEMENT KNowALL PERSONS: The undersigned,E.A.Htniziker Development,L.L.C,all Iowa manager- managed limited liability company, and D& R Furman, L.L.C.,an Iowa member-managed limited liabil- ity company (hereinafter referred to as the "Grantors"), for valuable consideration, do hereby grant unto the City of Ames. Iowa, an Iowa municipal corporation, its successors and assigns (hereinafter referred to as the"Grantees"), upon the conditions hereinafter recited, the perpetual right to enter upon the land here- inafter described as the Easement Area to construct, reconstruct, cover over, clean up, operate, use, main- tain, and repair the systems described for the uses set forth hereinafter over, upon, across and Under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from ad- jacent public rights-of-way. The Easement Area is a strip of land Situated in Story County, Iowa, as shown on the final plat drawing of Brookview Place West Subdivision, Fourth Addition,Ames, Story County, Iowa,and described as follows: For use of a public utility easement for distributing electricity and Such other general utilities as may be distributed under franchise of the City of Ames: The real property shown on Schedule "A" attached hereto and by this reference made a part hereof. For use of a storm sewer and surface water flowage: The real property shown on Schedule"B"attached hereto and by this reference made a part hereof. For use of a storm sewer system: The real property shown on Schedule "C" attached hereto and by this reference made a part hereof. For use of a temporary emergency vehicle turn-a-round easement: The real property shown on Schedule"M attached hereto and by this reference made a part here- of. Eizixi,m AND PLACENIENTOF STRUCTURES,OBSTRUCTIONS, PLANTINGS, OR MATERIALS P110111131"t- ED. Grantor shall not erect, any fence or other structure Linder, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City of Ames, nor shall Grantor Cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City of Ames."This prohibition shall be applicable to the storm sewer and Surface water flowage easement,as described in Schedule 'B,'and storm sewer system easement,as described in Schedule 'C,'only. The foregoing rights are granted by the Grantors and shall be accepted and exercised by the Grantee upon the express condition that the users of the granted rights will assume liability for all damage to the real es- tate described herein and any adjacent real estate caused by the failure to use due care in the exercise of the granted rights. IN WITNESS WHEREOF the undersigned has executed this instrument on July I�_' '2014. E:Asi w.'.N'7's Page 2 E.A.HUNZIKER DEVELOPMENT,L.L.C. Dean 1t. Funziker,Manager Gary J.Hunzikei.Itifanager STATE OF IO\\n,COUNT OF S-roar,ss.: This instrument was acknowledged before me on July ? , 2014, by Dean E. Hunziker and Gary J. Hunziker,as managers of E.A.Hunziker Development,L.L.C. ARCLW i v Commission Number 176132 �- my mmissionrExpltw NOTARY LICE � %ov;> D& R FUR\IAN,L.L.C. A/Xf k Mary R. Fit as Co-Trustee of the Richard Richard L. Fitch, as Co-Trustee Of and Mary Fitch Revocable Trust u!d.'o Sep- the Richard and Mary Fitch Revoca- tember 25, 1996, 4lember ble Trust u'd'o September 25, 1996, Member STATE E OF IO\\'A,COUNTY OF STORY,SS.: This instrument was acknowledged before me on July 2014, by Mary R. Fitch and Rich- ard L. Fitch, as Co-Trustees of the Richard and Mary Fitch Revocable Trust U./d'o September 25, 1996, which trust is a member of D&R Furman,L.L.C. Q TH®f 3P SON �' J. Co nmftlon Number 197909 / l 1 i (% ; s ° M Commission Expires NOTAI2L 1'UB�IC ° o P y August 13,2016 D& R FURMAN L.L.C. BY: `-M h. FL-i --- Mary R. Fitc s Trustee of the Ruth W. Fur- man Revocable Trust,Member STATE:OF Io\\.a,COUNTY OF STORY,Ss.: This instrument was acknowledged before me on July ;' %` 2014,by Mary R. Fitch, as Trustee of the Ruth W.Furman Revocable Trust,which trust is a member of D&R Furman,L.L.C. sF. MABY J. `V HOiMPSOIN � Y ~Commission Number 197909 ° + My Commission Expires NOTARY YIUBL C ,august 13,2016 l—_ �1" EASEMENTS Page 3 SCHEDULE"A" Public Utility Easement The East 10.00 feet,the South 5.00 feet,and the North 10.00 feet of Lot 1;AND, The South 5.00 feet and the North 10.00 feet of Lot 2;AND, The South 5.00 feet and the North 10.00 feet of Lot 3;AND, The South 5.00 feet and the North 10.00 feet of Lot 4;AND, The South 5.00 feet and the North 10.00 feet of Lot 5;AND, The South 5.00 feet and the North 10.00 feet of Lot 6;AND, The South 5.00 feet,the West 5.00 feet,and the North 10.00 feet of Lot 7;AND, The South 10.00 feet,the West 5.00 feet,and the North 5.00 feet of Lot 8;AND, The South 10.00 feet and the North 5.00 feet of Lot 9;AND, The South 10.00 feet and the North 5.00 feet of Lot 10;AND, The South 10.00 feet and the North 5.00 feet of Lot 11;AND, The South 10.00 feet and the North 5.00 feet of Lot 12;AND, The South 10.00 feet and the North 5.00 feet of Lot 13;AND, The South 10.00 feet,the East 10.00 feet,and the North 5.00 feet of Lot 14; ALL IN BROOKVIEW PLACE WEST SUBDIVISION,FOURTH ADDITION,AMES, STORY COUN- TY,IOWA. SCHEDULE"B" Storm Sewer and Surface Water Flowage Easement The South 15.00 feet of Lot 1;AND, The South 15.00 feet of Lot 2; ALL IN BROOKVIEW PLACE WEST SUBDMSION, FOURTH ADDITION,AMES, STORY COUN- TY,IOWA. SCHEDULE"C" Storm Sewer System Easement Beginning at the Northeast Corner of Lot 14;thence,N80°57'12"W along the North Line of Lot 14 a dis- tance of 32.00 feet;thence,S06°28'09"E a distance of 119.62 feet to the South Line of Lot 14;thence,East along the South Line of Lot 14 a distance of 9.82 feet to the Southeast Corner of Lot 14; thence, North along the East Line of Lot 14 a distance of 114.32 feet to the Point of Beginning; ALL IN BROOKVIEW PLACE WEST SUBDIVISION,FOURTH ADDITION,AMES, STORY COUN- TY,IOWA. EASEwms Page 4 SCHEDULED" Temporary Emergency Vehicle Turn-a-Round Easement The West 30.00 feet of the North 25.00 feet of Lot 7;AND, The West 30.00 feet of the South 25.00 feet of Lot S; ALL IN BROOKVIEW PLACE WEST SUBDIVISION, FOURTH ADDITION,AMES, STORY COUN- TY,IOWA.