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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Daniels - 4701 Hemingway Drive " .02 - 06 9 8 9 INST.NO. RETURN TO• STORY COUNTY,IOWA / („a FILED FOR RECORD �.y�✓ "J VV AMES CITY CLERK]BOX 811 AM MAY 13 2002 0* AMES IOWA 50010 SUSAN L.VANDE KAMP,Recorder— REC.FEE$.&2:—0DAUD.FEE$ Prepared by:Derek P.Reischauer,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, Michael J. Daniels and Carmen Marie Daniels husband and wife , in consideration of the sum of Two hundred and no/100 dollars($200.00) ,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 ofthe 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 5 Hillside Subdivision 5`'Addition to the City of Ames,Iowa;thence South along the West Line of Lot 5 a distance of 27.83 feet;thence S 85°03'47"E to a point on the East Line of Lot 5;thence North along the East Line of Lot 5 to the NE Corner of Lot 5;thence West along the North Line of Lot 5 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. OF Signed this day of �� ,2002. 1 By � - c ael J. D s �� By ` 1 P1111)4/ Carmen Marie Daniels ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAUKED BY SIGNER: STATE OF a } Y-INDIVIDUAL COUNTY OF 4 } ss: _CORPORATE tc Title(s)of Corporate Officer(s): On this 2L day of r A.D„1.9-ZCnZ before me,the undersigned,a Notary Public' and for said State, personally appeared ►a &e ? l _Corporate Seal is affixed ^ _No Corporate Seal procured _PARTNER(s): Limited Partnership to me personally known _General Partnership or k--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)is/Ig;ubscribed to the within GUARDIAN(s)OR instrument and acknowledged to me the he/shegiio executed the CONSERVATOR(s) same in his/her/lam authorized capacity(ies),and that by _OTHER: his/her/ arsignature(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 ofDEREK�ow� N ISCHAUER Wr707Jj EXHIBIT "A" � V STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : DANIELS. MICHAEL & CARMEN 4701 HEMINGWAY DR. AMES. IA 50014 POINT OF BEGINNING S85003' 47"E NO SCALE NW CORNER LOT 5 rn 141 -r- I LO 00 � 10 L-n65 L 4 ; L 11838 SF 11885 ST- 12728 SF`�-- I 4707 4701 4639 � I --75 . 00 '--- --75 . 00'--T---80 . 00 HEMINGWAY DRIVE SURFACE WATER FLOWAGE EASEMENT FROM: DANIELS, MICHAEL & CARMEN ADDRESS: 4701 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 5 HILLSIDE SUBDIVISION 5TH ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 5 A DISTANCE OF 27.83', THENCE S850 03'47"E TO A POINT ON THE EAST LINE OF LOT 5, THENCE NORTH ALONG THE EAST LINE OF LOT 5 TO THE NE CORNER OF LOT 5, THENCE WEST ALONG THE NORTH LINE OF LOT 5 TO THE POINT OF BEGINNING. i RECORDED: INSTRUMENT NO. : DATE: RACroll Hillside Hillside-do Feb. 13, 2002 12:23:36 ��c. 3