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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Boston - 4512 Hemingway Drive 02 - 06999 INST.NO..o_ STORY COUNTY,IOWA RETURN TO: SfAlooe FILED FOR RECORD AMES CITY CLERK qM MAY 13 2002 BOX $11 AMES IOWA 50010 SUSAN L.VANDE KAMP,ReCorder REC.FEE$1�o-&0—AUD.FEE$ r Prepared by:Derck P.Reiscbauer,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, victor H. Boston and Zola Boston husband and wife in consideration of the sum of One Thousand and no1100 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 3 Hillside Subdivision V Addition to the City of Ames, Iowa;thence Southwesterly along the North Line of Lot 3 a distance of 118.55 feet;thence Southeasterly to a point on the South Line of Lot 3 said point being 114.85 feet NE from the SW Comer of said Lot 3;thence Northeasterly to the SE Corner of said Lot 3;thence North along the East 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. 1 Signed this day off ,2002. B - l Y Victor H. Boston By la Boston ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF } INDIVIDUAL COUNTY OF }ss: _CORPORATE h Title(s)of Corporate Officer(s): On this X!�day of�ril A.D.k� ZW7- before me,the undersigned,a Notary Public in and for said State, personally appeared_ 1),c _Corporate Seal is affixed 7-0 .c_ -4,-, _No Corporate Seal procured _PARTNER(s): _Limited Partnership _to me personally known _General Partnership or ,Vproved to me on the basis of satisfactory evidence ATTORNEY-IN-FACT �EXECUTOR(s)OR TRUSTEE(s) to be the person(s)whose name(s)isAUO)subscribed to the within -_GUARDIAN(s)OR instrument and owledged to me the he/sh ex ted the CONSERVATOR(s) same in hi s/h au prized capacity(ies),and that by _OTHER: hislher/ ture(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. SIGNER IS REPRESENTING: D-*- 2 4-- List name(s)of person(s)or entity(ies) (Sign in Ink) jAnnEk el' (Print/Type Name) Notary Public in and for the State of E cW sr- etude NwnberAUER My�N1�4L;!j5 9 e c Exhibit ' A STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: OWNER : BOSTON. VICTOR & ZOL A 4512 HEMINGWAY DR. AMES. IA 50014 i 90. 43` I NO SCALE O fM i N POINT OF BEGINNING �(6p' NE CORNER LOT 3 i 52, 618 SF 5 21 � � 3 5' Q I �1 16. 49� SF o 21 t 1 I 175. 0b' SURFACE WATER FLOWAGE EASEMENT FROM: BOSTON, VICTOR & ZOLA ADDRESS: 4512 HEMINGWAY DR. DESCRIPTION: BEGINNING AT THE NE CORNER OF LOT 3 HILLSIDE SUBDIVISION 1ST ADDITION TO THE CITY OF AMES, IOWA, THENCE SOUTHWESTERLY ALONG THE NORTH LINE OF LOT 3 A DISTANCE OF 118.55', THENCE SOUTHEASTERLY TO A POINT ON THE SOUTH LINE OF LOT 3 SAID POINT BEING 114.85' NE FROM THE SW CORNER OF SAID LOT 3, THENCE NORTHEASTERLY TO THE SE CORNER OF SAID LOT 3, THENCE NORTH ALONG THE EAST LINE TO OF LOT 3 TO THE POINT OF BEGINNING. RECORDED: INSTRUMENT NO. : DATE: Croll Hillside Hillside.dgn Feb. 13, 2002 12:27:58 �e 3