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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Gore - 4533 Hemingway Drive 06996 'r 1NST.NO. RETURN TO: STORY COUNTY,IOWA FILED FOR RECORD MIES CITY CLERK ✓ " BOX 811 /AM MAY ff// A14ES IOWA 50010 SUSAN L.VANOR KAMP,Aquordpr S\" REC.FEE$ALJSUD,FEE$_=_ Prepared by;Derek P.Reischauer,Graham Land Acquisition Associates,1715 South 6 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,. Malhar S. Gore and Anita Gore,husband and wife ,in consideration of the sum of One Thousand and no/100 dollars($1-,000.00) ,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 grade,charg a elevation or contour of any part of the Easement Area without obtainingthe prior written consent of the C'nY Engineer. P gmeer. 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, air and maintain the Easement Area in whatever manner necessary to provide adequate and proper drainage and to protect the public health, and The legal general welfare.g e ga 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 7 Hillside Subdivision I'Addition to the City of Ames, Iowa;thence South along the West Line of Lot 7 a distance of 59.54 feet;thence S 86°44'16"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 EYMBIT"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 2 a day of M OLA ,2002. By Malhar S. Goret"'C(� By 0 ita bore ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF :T7&wcZ } X—INDIVIDUAL COUNTY OF„� }ss: ^CORPORATE Title(s)of Corporate Officer(s): On this Z015�day of A.D. P9 Zooz_, before me,the undersigned,a Notary Public in and for said State, personally appeared C 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)OR TRUSTEE(5) to be the person(s)whose name(s)is/Q subscribed to the within �GUARDIAN(s)OR instrument and acknowledged to me the he/she executed the �CONSERVATOR(s) same in his/her4gR authorized capacity(ies),and that by OTHER: his/her4jWk signature(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) Ve-re (Print/Type Name) Notary Public in and for the State of _ 1�It%%j �a DEREK REISCHAUER Cp1 Ofl�Number 075 EXHIBTT "A" STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : GORE. MALHAR & AN I TA 4533 HEMINGWAY DR. AMES, IA 50014 S86°44 ' 16" POINT OF BEGINNING NO SCALE NW CORNER LOT 7 73 . 00 1 25 . 15 ` { ------ ' 16 , 196 SF 11 , 927 SF 12 , 300 .�F ao Qo co Q I Q I I I r- 452 7 g539 4533 ' ' I I I I I I 6.0 HEMINGWAY DRIVE SURFACE WATER FLOWAGE EASEMENT FROM: GORE, MALHAR & ANITA ADDRESS: 4533 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 7 HILLSIDE SUBDIVISION 1ST ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 7 A DISTANCE OF 59.54', THENCE S860 44'16"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: roll Hillsi a illside.dgn Feb. 13, 2002 12:26:16 P�e ..3