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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Hunziker - 4633 Hemingway Drive 02 - 06992 INST.NO. STORY COUNTY,IOWA f R$TURN TO: FILED FOR RECORD z LERK VAAnS cITY c M MAY 13 2002 c: Bo% 811 �S IOWA 50010 SUSAN L.VANDE KAMP,Recorder Ste- REC.FEE OR--BAUD.FEE$ '— Prepared by:Derek P.Retschauer,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, Hunziker Development Co. ,in consideration of the sum of Mutual Benefit ,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 3 Hillside Subdivision 5t'Addition to the City of Ames,Iowa;thence South along the West Line of Lot 3 a distance of 42.46 feet;thence S 85°03'47"E to a point on the East Line of Lot 3;thence North along the East Line of Lot 3 to the NE Corner of Lot 3;thence West along the North Line of Lot 3 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 day of I-C,C 2002. Hunziker Development Co. A—V sy can Hunziker Title % '� G� c*-r i ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF _INDIVIDUAL COUNTY OF_J&U ss: _CORPORATE Title(s)of Corporate Officer(s): On this --1j day ofL-- before me,the undersignedA a Notary Public in and for said State, personally appeared Corporate Seal is affixed _No Corporate Seal procured _PARTNER(s): _Limited Partnership to me personally known _General Partnership or _proved to me on the basis of satisfactory evidence ATTORNEY-IN-FACT EXECUTOR(s)EXECUTOR(s)OR TRUSTEE(s) to be the person(s)whose name(s)is/are 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 signature(s)on the instrument the person(s),or the L� A-i,- C', entity upon behalf of which the person(s)acted,executed the instrume SIGNER IS REPRESENTING: �'�l 4 � List name(s)of person(s)or entity(ies) (Sign in Ink) �26�rc� �a�c lcws (Print Type Name) Notary Public in and for the State of `� REBECCA H.BARM AY r CGWW"M 176182 My Ca=*Won Expires y • •EXHIBIT "A" STORM SEWER AND SURFACE 0 ► WATER FLOWAGE EASEMENT CITY OF AMES , PUBLIC WORKS DEPARTMENT DATE: N OWNER : HUNZ I KER DEVELOPMENT CO. ► 105 S 16TH ST j AMES. IA 50010 POINT OF BEGINNING S85'03' 47"E NW CORNER LOT 3 No SCALE -0 7 -- , J0, , 0 . 00 s x p N Q CD 1 I ----------- I 0-) Qo I i • 4 I ILn 1 3 2 T'- 12728 SF F� 112782 S 11227 SF 4639 � � 4633 4627 I 1 I I ---8 0 . 00 ` -- --;- g 0 . 001- ---7 0 . 00`- HEMINGWAY DRIVE ' SURFACE WATER FLOWAGE EASEMENT FROM: HUNZIKER DEVELOPMENT CO. ADDRESS: 4633 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 3 HILLSIDE SUBDIVISION 5TH ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 3 A DISTANCE OF 42.46', THENCE S850 03'47"E TO A POINT ON THE EAST LINE OF LOT 3, THENCE NORTH ALONG THE EAST LINE OF LOT 3 TO THE NE CORNER OF LOT 3, THENCE WEST ALONG THE NORTH LINE OF LOT 3 TO THE POINT OF BEGINNING. RECORDED: INSTRUMENT NO. : DATE: 'RACroll illsI a Hillsl e. gn Feb. 13, 2002 12:24:12 ,Oct e- .3