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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Hunger - 4717 Hemingway Drive INST.NO. 0 2 0 6 9 8 6 / RETURN TO: STORY COUNTY,IOWA FILED FOR RECORD AMES CITY CLERK � AMBOX 811 MAY 13 2002 CR AMES IOWA 50010 �^ SUSAN L.VANDE KAMP,Recorder Ste►_ REC.FEE J14L7.—CO AUD.FEE$ Prepared by:Derek P.Reischauer,Graham Land Acquisition Associates,1715 South G Avenue,Nevada,lA 50201 (515)382-1698 For:City of Ames,Public Works Department,515 Clark Avenue,Ames,IA 50010 (515)239-5160 STORM SEWER AND SURFACE WATER FLOWAGE RIGHT OF WAY PERMIT AND EASEMENTS The undersigned, David Hunger and Elizabeth J. Hungr,husband and wife ,in consideration of the sum of One hundred and no/100 dollars($100.00) ,the receipt of which is hereby acknowledged,does hereby grant to the City of Ames,Iowa,a municipal corporation,its successors and assigns,a perpetual right to construct, reconstruct,maintain and use the following: A. STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT. 1. Grantors shall not erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer. 2. Grantors shall not erect or cause to be placed on the Easement Area any structure,material, device,thing or matter which could possibly obstruct or impede the normal flow of surface water over the Easement Area without obtaining the prior written approval of the City Engineer. 3. Grantors shall not change grade,elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer. 4. City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonable necessary for the use and enjoyment of the Easement Area as herein described,including, but not limited to,the right to remove volunteer trees and brush in perpetuity beginning December 1,2004 or before as allowed by the owner,the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area and the right to improve, repair and maintain the Easement Area in whatever manner necessary to provide adequate and proper drainage and to protect the public health, safety and general welfare. The legal description of the real estate over which the above easements are granted is more specifically described as follows: Beginning at the NW Corner of Lot 8 Hillside Subdivision 5'Addition to the City of Ames,Iowa;thence South along the West Line of Lot 8 a distance of 6.84 feet;thence S 85003'47"E to a point on the East Line of Lot 8;thence North along the East Line of Lot 8 to the NE Comer of Lot 8;thence West along the North Line of Lot 8 to the point of beginning. SEE ATTACHED EXHIBIT"A" The foregoing right is granted upon the express condition that the City of Ames will assume liability for all damage to the herein described property caused by the City's failure to use due care in its exercise of the granted rights. Signed this /,?,7 day of b?&- &A ,2002. By �Q.� David Hunger By Elizabeth J. Hun Kr ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF <<,2w } K INDIVIDUAL COUNTY OF }ss: _CORPORATE On this CZls day of a c�, A.D.aA' OZ Title(s)of Corporate Officer(s): before me,the undersigned,a Notary Public in and for said State, personally appeared `I, y j (}U-Pg er _Corporate Seal is affixed QG36�FL u..aaer _No Corporate Seal procured �PARTNER(s): Limited Partnership —to me personally known General Partnership or $C_proved to me on the basis of satisfactory evidence _ATTORNEY-IN-FACT EXECUTOR(s)OR TRUSTEE(s) to be the person(s)whose name(s)is4subscribed to the within GUARDIAN(s)OR instrument and acknowledged to me the 61she�executed the �CONSERVATOR(s) same in his/her/11 uthorized capacity(ies),and that by OTHER: his/her/gj2signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies) (Sign in Ink) (Print/Type Name) Notary Public in and for the State of .�o c. DEREK REISCHAUER Cw dsdm Num 707 9 • • My Caimn.Exp Za. ,..E � • • EXHIBIT "A" STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : HUNGER. J. DAV I D AND EL I ZABETH 4717 HEMINGWAY DR. AMES, IA 50014 S85003' 47"E NO SCALE POINT OF BEGINNING NE CORNER NW CORNER LOT 8 LOT 8 n r� o� Ln g L 8 L 7 Ln 11310 SF 11354 ST 11791 SF 4723 4717 4711 �--7 2 . 5 0 '-- --7 2 . 5 0 ` -- --7 5 . 00 '--- HEMINGWAY DRIVE SURFACE WATER FLOWAGE EASEMENT FROM: HUNGER, J. DAVID AND ELIZABETH ADDRESS: 4717 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 8 HILLSIDE SUBDIVISION 5TH ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 8 A DISTANCE OF 6.84', THENCE S850 03'47"E TO A POINT ON THE EAST LINE OF LOT 8, THENCE NORTH ALONG THE EAST LINE OF LOT 8 TO THE NE CORNER OF LOT 8, THENCE WEST ALONG THE NORTH LINE OF LOT 8 TO THE POINT OF BEGINNING. RECORDED: I INSTRUMENT NO. : DATE: Croll Hillside Hi Iside.dgn Feb. 13, 2002 12:22:35 pCU3 e 3