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.
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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
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12728 SF F� 112782 S 11227 SF
4639 � � 4633 4627
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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