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Home My WebLink About~Master - Storm Sewer - Flummerfelt ` osr.No. STORY COUNTY,IOWA 4 FILED FOR RECORD * NOV 1 31997 PM ak,VWVANDE R =drip Fee s Prepared by: City of Ames Engineering Division 4mjWjFN$ 515-239-5163 CITY OF AMES STORM SEWER EASEMENT KNOW ALL MEN BY THESE PRESENTS: That(I/We), Flummerfelt, Inc. and Dean L. & Erma M. Flummerfelt (do/does) hereby grant unto the City of Ames, Iowa, a municipal corporation its successors and assigns, the perpetual right to enter upon the land described and the perpetual right to construct, reconstruct, clean up, operate, maintain, and cover over and repair a storm sewer upon, under and across the land described as follows: DESCRIPTION: Beginning at the NE Corner of Lot 10, Northwood Estates First Addition to Ames, Iowa; thence west along the north line of said Lot 10, 150 feet; thence southeasterly 54 feet; thence easterly 50 feet to a point on the east line of said Lot 10, said point being 70 feet distant from the northeast corner of said Lot 10, thence north along the east line of said Lot 10, 70 feet to the point of beginning. Containing 3,800 square feet. See attached plat marked and made a part hereof. The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability for all damages to the above described property caused by the City's failure to use due care in its exercise of the rights granted. Dated at Ames, Iowa, this I-lrA day of Qc.-ro4s�� , 199-7. Flum erf Inc. Michael Flumm elt, President Erma M. Flummerfelt, Secr ry Dean L. Flummerfelt Erma M. Flummerfelt ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF ►owp, ) 9. INDIVIDUAL COUNTY OF ss: _CORPORATE Title(s) of Corporate Officer(s): On this I NTH day of Qr_t•n BCC , A.D. 199=1, before me,the undersigned, a Notary Public in and for said State, personally appeared _Corporate Seal Is affixed 'DEAN L. . FL6%rnrnCMPELT AN9 GR.MA M• _No Corporate Seal procured �►rv�tvw�-`ROE t-T _PARTNER(s): _Limited Partnership _General Partnership —to me personally known _Attomey-ln-Fact or _proved to me on the basis of satisfactory evidence _Executor(s) or Trustee(s) _Guardian(s) or Conservator(s) to be the person(s)whose name(s)i/are subscribed to the ^Other: within instrument and acknowledged to me that Ise/she/they executed the same in WAmr/their authorized capacity(ies), SIGNER IS REPRESENTING: and that by r/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) List name(s) of person(s) or entity(ies) acted, executed the instrument. (sign in ink) c,v-- at M . ,A"S K-"F (print/type name) Notary Public in and for the State of 1 n w N GENE M.ASKLOF MY COMMISSION EXPIRES , � rM q Q CN Z. Z&O 0_j ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF I o w P ) INDIVIDUAL COUNTY OF ss: 1A. CORPORATE Title(s)of Corporate Officer(s): On this l"-Tv.t day of Oc,,rt F3;!Q(L , A.D. 19�-) (Lt before me, the undersigned, a Notary Public in and for said State, personally appeared _Corporate Seal is affixed No Corporate Seal procured _PARTNER(s): _Limited Partnership _General Partnership _to me personally known _Attorney-In-Fact or x proved to me on the basis of satisfactory evidence _Executor(s) or Trustee(s) _Guardian(s) or Consenrator(s) to be the person(k)whose name(4) is/see subscribed to the _Other: within instrument and acknowledged to me that lb/she/ executed the same in hWher/tWr authorized capacity(k*, SIGNER IS REPRESENTING: and that by tWherMwir signature(d) on the instrument the person(p), or the entity upon behalf of which the person(40 List name(s) of person(s) or entity(ies) acted, executed the instrument. MEyr-flF-%-T 1 (AC,- (sign in ink) E M. �..o R (print/type name) Notary Public in and for the State o 1 o w A 2 9='II M ASKLOF MISSDNEXPH ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF 10 w F" ) INDIVIDUAL COUNTY OF STocz.y ) ss: X CORPORATE Title(s) of Corporate Officer(s): On this ZQri'�k day of OGT w6%ER- A.D. 199=1 , PQ.C-s vo before me, the undersigned, a Notary Public in and for said State, personally appeared _Corporate Seal is affixed M) Y-L F L.0 rnrnC-9-V SLr No Corporate Seal procured PARTNER(s): _Limited Partnership _General Partnership to me personally known _Attorney-In-Fact or x proved to me on the basis of satisfactory evidence _Executor(s) or Trustee(s) _Guardian(s) or Conservator(s) to be the person(;)whose name(A) is/aye subscribed to the —Other: within instrument and acknowledged to me that he/s!se/tWy executed the same in his/!W/tiur authorized capacity(iW), SIGNER IS REPRESENTING: and that by hisAWAkielf signature(jo on the instrument the person(s), or the entity upon behalf of which the person(40 List name(s) of person(s) or entity(ies) acted, executed the instrument. FrL-v.trrnQ`e r-F-LT, 10c . (sign in ink) NG M S F (print/type name) Notary Public in and for the Stat 1 o w A "'` GENE M.ASKLOF MY COMMISSION EXPIRES Mae�a I,3..aoo 12312 Cam) SUPPLEMENTAL AGREEMENT In addition to the terms of the Permanent Easement attached hereto, the following supplemental terms and conditions shall apply: 1. It is understood and agreed that the existing retaining wall, located on the Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt property, will not be damaged by the construction of the storm sewer. If the existing retaining wall is damaged during construction, Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt will notify the City of Ames, Iowa that the retaining wall has been damaged. Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt will have the damaged retaining wall repaired and will submit a bill to the City of Ames, Iowa for reimbursement of the actual costs of repairing the retaining wall. 2. It is understood and agreed that the area disturbed by the construction of the storm sewer located on the Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt property, will be sodded, not seeded. 3. It is understood and agreed that the intake located on the Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt property, will be a Ditch Grate, Stool Type Intake, not a Beehive Intake. 4. It is understood and agreed that this Storm Sewer Easement does not grant to the City of Ames, its employees or contractors, any right of ingress or egress by foot or vehicle, to and from the Storm Sewer Easement across the remaining Flummerfelt, Inc. and Dean L. Flummerfelt and Erma M. Flummerfelt property, The terms and conditions of this Supplemental Agreement shall be attached to the City of Ames, Storm Sewer Easement and shall be declared a part thereof. Flummerfelt, Inc. By: B . President cretary Dean L. Flurridierfelt 0 Erma M. Flummerfelt City of Ames, Iowa By: °�''1-12312 C3� STORM SEWER EASEMENT P L.AT - CtTY OF AMES, IOWA ENGINEERING DEPARTMENT OQTE K OWNER. FLU M ER FELT INC. MIS BRIGGS CIRCLE t A.IVIESV IOWA 50010 SCALE 1" = 100' N 9 a 10 2 II 8 CO W C7 J CD U Aj ir m V 12 DUFF A VE Storm Sewer Easement Beginning at the NE Corner of Lot 10, Northwood Estates First Addition to Ames, Iowa; thence west along the north line of said Lot 1, 150 feet; thence southeasterly 54 feet; thence easterly 50 feet to a point on the east line of said Lot 1, said point being 70 feet distant from the northeast corner of said Lot 1; thence-north along the east line of said Lot 1, 70 feet to the point of beginning. Containing 3,800 square feet. RECORDED: INSTRUMENT NO. DATE 12312 j