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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Hunziker - 4627 Hemingway Drive 02 06 9 9 3 INST.NO. f - RETURN TO: r� STORY COUNTY,IOWA r �/ •J FILED FOR RECORD AMES CITY CLERK � /� BOX 8 AMe I SQWA 50010 AM MAY 13 2002 ME SUSAN L.VANDE KAMP,Recorder -S REC.FEE$- b.WAUD.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, 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: The North 50 feet of Lot 2 Hillside Subdivision 5'Addition to the City of Ames,Iowa. SEE ATTACHED E)G HBIT"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. r Signed this day of L -1 72002. Hunziker Development Co, By 4�' �- Dedn Hunziker Title ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF_�e� } _INDIVIDUAL COUNTY OF }ss: CORPORATE ^ On this,a* Title(s)of Corporate Officer(s): day of_1 �'`� • .A D.���- before me,the undersigned, Notary Public 'ip and for said State, personally appeared _Corporate Seal is affixed —No Corporate Seal procured _PARTNER(s): Limited Partnership X to me personally known _~General Partnership or _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/are subscribed to the within _GUARDIAN(s)OR instrument and acknowledged to me the he/she/they executed the G CONSERVATOR(s) same in his/her/their authorized capacity(ies),and that byOTIR: ry his/her/their signature(s)on the instrument the person(s),or the 7 h �� A-f' t_.c entity upon behalf of which the person(s)acted,executed the Instrum . 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 �r' �-- OoWi iodnn W ift 1178 62 r EXHIBIT "A" STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT DATE: N OWNER : HUNZIKER DEVELOPMENT CO. 105 S 16TH ST. AMES, IA 50010 NO SCALE I O ` O i O kit O t e tt l Lurl) "- I I T'— I � � 0 O 3 2 0 12782 SF 11227 SF 11268 SF 4633 4627 4621 - ' -- -- '-- -- -- 00`- I$0 . 00 70 . 00 HEMINGWAY DRIVE SURFACE WATER FLOWAGE EASEMENT FROM: HUNZIKER DEVELOPMENT CO. ADDRESS: 4627 HEMINGWAY DR. DESCRIPTION: THE NORTH 50' OF LOT 2 HILLSIDE SUBDIVISION 5TH ADDITION IN AMES, IOWA. RECORDED: INSTRUMENT NO. : DATE: — roll Hillside Hillside. gn Feb. 13, 20 2 12:24: 0 p4t5,e 3