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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Fisher - 4711 Hemingway Drive a 0 INST.NO2 - 06987. RETURN TO: STORY COUNTY,IOWA FILED FOR RECORD X AMES CITY CLERK 0YAR. Bog s11 MAY 13 2002 AMES IOWA 50010 SUSAN L.VANDE KAMP,Rocardor SUM — REC.FEE$/k.DOAUD.FEE$, Prepared by:Derek P.Renchauer,Graham Land Acquisition Associates,1715 South G Avenue,Nevada,IA 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, Thomas E. Fisher and Margaret P. Fisher,husband and wife , in consideration of the sum of One hundred fifty and no/100 dollars ($150.00) ,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 Comer of Lot 7 Hillside Subdivision 5'Addition to the City of Ames, Iowa;thence South along the West Line of Lot 7 a distance of 13.68 feet;thence S 85°03'47" E to a point on the East Line of Lot 7;thence North along the East Line of Lot 7 to the NE Corner of Lot 7;thence West along the North Line of Lot 7 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 far 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 97-7 4 day of W'M VC Iq , 2002. r By y-Thomas E. Fisher By Margaret P. Fisher ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF U W P } A INDIVIDUAL COUNTY OF } s$: _CORPORATE Title(s)of Corporate Officer(s): On this s�day of (]nQ V C- ,A.D.X,�,GL1,I before me,the undersigned,a Notary Public in and for said State, personally appeared 7i Om of S G S L,n�` _Corporate Seal is affixed No Corporate Seal procured PARTNER(s): _Limited Partnership to W personally known _General Partnership _ or ved to me on the basis of satisfactory evidence ATTORNEY-IN-FACT EXECUTOR(s)OR TRUSTEE(s) to be the person(s)whose name(s)istare subscribed to the within GUARDIAN(s)OR instrument and acknowledged to me the he/she/they executed the �CONSERVATOR(s) same in his/her/their authorized capacity(ies),and that by _OTHER: his/her/their signatures)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) Q. (Sign in Ink) e 14 (Print/Type Name) Notary Public in and for the State of 4 W _ JuuE A.SMERLAND ,� ws, Exhibit "A" STORM SEWER AND SURFACE0 WATER FLOWAGE EASEMENT CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: i OWNER : FISHER. THOMAS & MARGARET 4711 HEMINGWAY DR. AMES, IA 50014 S85003' 47"E NO SOLE POINT OF BEGINNING NE CORNER NW CORNER LOT 7 LOT 7 N �� -� 5 . 00' _T2 . 5 0=-__ = D44EEf0 - -- = _. r� Qo 07 Ln 8 L 7 Lco L17 L17 Ln 6 1 1354 ST 11791 SF 11838 SF 4717 4711 4707 --7 2 . 50 ' -- --7 5 ,, 00 '- ---7 5 . 00 L- HEMINGWAY DRIVE SURFACE WATER FLOWAGE EASEMENT FROM: FISHER, THOMAS & MARGARET ADDRESS: 4711 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 7 HILLSIDE SUBDIVISION 5TH ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 7 A DISTANCE OF 13.68', THENCE S85° 03'47"E TO A POINT ON THE EAST LINE OF LOT 7, THENCE NORTH ALONG THE EAST LINE OF LOT 7 TO THE NE CORNER OF LOT 7, THENCE WEST ALONG THE NORTH LINE OF LOT 7 TO THE POINT OF BEGINNING. RECORDED: INSTRUMENT NO. : DATE: R: Croll Hillsi a Hiilside.dgn Feb. 13, 2002 12:23:03 ��