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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Johnson - 4523 Hemingway Drive 02 - 069 s7 INST.NO.W RETURN TO• STORY COUNTY, IOWA �1 FILE©FOS 85CORD AMES CITY CLERK AM MAY 13 2002 BOX 811 �% AMES IOWA 50010 SUSAN L.YANDE KAMP,paaarder S�.M - �+'g REC.FEE$hlo-V1UD.FEE$ `" Prepared by:Derek P.ReLubauer,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, Charles H. Johnson and Bernadette Johnson 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 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 5 Hillside Subdivision V Addition to the City of Ames,Iowa;thence South along the West Line of Lot 5 a distance of 96.19 feet;thence Southeasterly to a point on the East Line of Lot 5 a distance of 100 feet NE from the SE Corner of said 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 EXHIIBIT"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 Mczgc '2002. By Charles H. Johns By Bernadette Johnson ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF } _INDIVIDUAL COUNTY OF iw!:V } ss: _CORPORATE Title(s)of Corporate Ofiicer(s): On this day of /-Urr-fin. A.D. W > before me,the undersigned,a Notary Public in and for said State, personally appeared e 5 ^L.S r Corporate Seal is affixed r" n s6 h +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(s) to be the person(s)whose name(s)issAosubscribed to the within GUARDIAN(s)OR instrument and acknowledged to me the he/she/ffiWbxecuted the `CONSERVATOR(s) same in hisAher/d&P authorized capacity(ies),and that by _OTHER: his/her/tignature(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) S (Print/Type Name) Notary Public in and for the State ofIJAUER Occ 07 My Comm.Exp- �- STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : CHARLES AND BERNADETTE JOHNSON 4523 HEMINGWAY DR. AMES. IA 50014 NO SCALE POINT OF BEGINNING NW CORNER LOT 5 125. 15' $ ..,' 59. 4q '` '�` 90. 43 ' I t ..15 M 16, 196 SF °) N I QS27 /; t 32, 618 SF t � 6— tiF o,9 SURFACE WATER FLOWAGE EASEMENT FROM: CHARLES AND BERNADETTE JOHNSON ADDRESS: 4523 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NW CORNER OF LOT 5 HILLSIDE SUBDIVISION 1ST ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTH ALONG THE WEST LINE OF LOT 5 A DISTANCE OF 96.19', THENCE SOUTHEASTERLY TO A POINT ON THE EAST LINE OF LOT 5 A DISTANCE OF 100' NE FROM THE SE CORNER OF SAID 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. RECORDED: INSTRUMENT NO. : DATE: R: Croll Hillside illside.dgn Feb. 13, 2002 12:26:56 P�e �