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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Chavez - 4500 Hemingway Drive `02 - 0 �10 7 000. INST.NO. -- — — -- ✓. STORY OOONTY,IOWA RETURN TO: M� FILSO FOR RECORD AMS CITY CLERK AM MAY 13 2002 BOX BO% 811 AMES IOWA 50010 SUSAN L.VANDE KAMP,Recorder Sv^-- REC.FEE$l k�AUD.FEE$= Prepared by:Derek P.Reischauer,Graham Iand 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, Frank R. Chavez and Kew T. Chavez,husband and wife , in consideration of the sum of One Thousand and no/100 dollars($1AW00) ,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 East 70 feet of Lot 1 Hillside Subdivision 1'Addition in the City of Ames, Iowa. 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. Signed this day of Q,0rt ,2002. By Frank R. Chavez By AJOA r, NA Kelly . Chavez ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF INDIVIDUAL COUNTY OF }ss: CORPORATE Title(s)of Corporate Officer(s): On this!`'t day of A.D.49 ZC0Z before me,the undersigned,a Notary Public in and for said State, personally appeared ('rY1x k Ci&re z. _Corporate Seal is affixed His"l f GG,a Ye L .—No Corporate Seal procured ^PARTNER(s): Limited Partnership to me personally known General Partnership or Y 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)i�subscribed to the within +GUARDIAN(s)OR instrument and acknowledged to me the he/she executed the CONSERVATOR(s) same in his/her/tomauthorized capacity(ies),and that by _OTHER: his/her:4 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) (Print/Type Name) Notary Public in and for the State of -1 o">cL t� DERE Flo CH 07 NNt�naa EV• z pC!J e z • Exhibit ' A * STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT DATE: N OWNER : CHAVEZ. FRANK & KELLY 4500 HEMINGWAY DR. AMES, IA 50014 NO SCALE 16, 49 SF o Ld a o i `� �, 21 t 1 0 1 175. 00' i 70' I CD •1 c 4500 z al 1 w -FT5.Qom--- O CBLVDS o 0 0 0 co co SURFACE WATER FLOWAGE EASEMENT FROM: CHAVEZ, FRANK & KELLY ADDRESS: 4500 HEMINGWAY DR. DESCRIPTION: THE EAST 70' OF LOT 1 HILLSIDE SUBDIVISION 1ST ADDITION IN THE CITY OF AMES, IOWA. I RECORDED: INSTRUMENT NO. : DATE: i R: roll Illside Hillside.dgn Feb. 13, 2002 13:34:33 Page ,3