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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Gallt - 4518 Hemingway Drive . � 02 - 06998 • INST.NO. STORY OOUN`1`Y,IOWA J RETIIRN TO: FILED FOR RECORD AMEs cI'1'Y CLERK %�� AM MAY 13 2002 BOX 811 50010 AMES IOWA SUSAN L VANDE KAMP,Reoordor S — REC.FEE$Baa�AUD.FEE$ 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, Craig N. 1 R._g Ga It and Donna . Gaut,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 NE Corner of Lot 4 Hillside Subdivision 1'l`Addition to the City of Ames, Iowa;thence West a distance of 90.43 feet to the NW Corner of said Lot 4;thence Southwesterly a distance of 164.15 feet along the Northwesterly Line of said Lot 4;thence Southeasterly to a point on the Southeasterly Line of said Lot 4, said point being 130.00 feet Northeast of the most Southerly Corner of said Lot 4;thence Northeasterly a distance of 118.55 feet to the East Line of said Lot 4;thence North a distance of 121.30 feet to the point of beginning. SEE ATTACHED ENMBff"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 Ap, 2002. By Craig .Gallt /) �— By �J�7"1 Donna R. Galh ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER; STATE OF } _INDIVIDUAL COUNTY OF s7r- }ss: _CORPORATE Title(s)of Corporate Officer(s): On this�day of r AD. I before me,the under=si a Notary Public in and or said State nail appeared � �' �t Corporate Seal is affixed i No Corporate Seal procured s): Limited 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)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 entity upon behalf which the person cted,executed the instrument. SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies) (Si in Ink) (Print/Type Name) Notary Public in and for the State of RUSS K.MCCr)LL0UGH PC!5 e- EXHIBIT "A" STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : GALLT, CRAIG & DONNA 4518 HEMINGWAY DR. AMES. IA 50014 POINT OF BEGINNING NE CORNER LOT 4 „O SCALE / 159. 44 ' 90 43' s Y ! J 22, 442 SF y T ! ! Qs23 �! 4 /l/f �6N 211\533 SF LF �A SURFACE WATER FLOWAGE EASEMENT FROM: GALLT, CRAIG & DONNA ADDRESS: 4518 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NE CORNER OF LOT 4 HILLSIDE SUBDIVISION 1ST ADDITION TO THE CITY OF AMES, IOWA, THENCE WEST A DISTANCE OF 90.43' TO THE NW CORNER OF SAID LOT 4, THENCE SOUTHWESTERLY A DISTANCE OF 164.15' ALONG THE NORTHWESTERLY LINE OF SAID LOT 4, THENCE SOUTHEASTERLY TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 4, SAID POINT BEING 130.00' NORTHEAST OF THE MOST SOUTHERLY CORNER OF SAID LOT 4, THENCE NORTHEASTERLY A DISTANCE OF 118.55' TO THE EAST LINE OF SAID LOT 4, THENCE NORTH A DISTANCE OF 121.30' TO THE POINT OF BEGINNING. RECORDED: INSTRUMENT NO. : DATE: R: Croll Hillside Hillside.dgn Feb. 13, 2002 12:27:30 D