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HomeMy WebLinkAbout~Master - Storm Sewer and Surface Water Flowage - Rodriguez - 4506 Hemingway Drive t , i 02 - 07007 INST.NO. RETURN TO; STORY COUNTY,IOWA ��(I FILED FOR RECORD J" AMES CITY CLERK / BOX 811 AM MAY 13 2002 c AMES IOWA 50010 SUSAN L VANDE KAMP,RscordsrS,--` REC.FEE$ I.O-PAUD.FEE$ -- Prepared by:Derek P.Reischauer,Graham Laud 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, ECA Builders. L.C..an Iowa Limited Liability Company(Fee)and Mario Rodriguez and Ingrid Rodriguez,husband and wife(Contract Purchasers),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: The East 70 feet of Lot 2 Hillside.Subdivision 1st Addition in the City of Ames,Iowa. SEE ATTACHED EXIIIBIT"A" The foregoing right is anted upon the express condition that the C' of Ames will assume e8 8 �' P xP rtY 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. .F � i • S Signed this day of_A4,1, , 2002. ECA Builders,L.C. By David'A. Keller ^ Title W,I%Ajo-t ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF } INDIVIDUAL COUNTY OF S4nry }ss: CORPORATE Title(s)of Corporate Officer(s): On this 84_day of/`'I" A.D. W Za�Z• V 1 tR—before me,the undersigned,a Notary Public in and for said State, personally appeared_Y�a•J .4. Ke ller _Corporate Seal is affixed _No Corporate Seal procured _PARTNER(s): Limited Partnership —to me personally known General Partnership or -_t„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) Yare subscribed to the within GUARDIAN(s)OR instrument and acknowledged to me th6RAhe/they executed the iCONSERVATOR(s) same inert /her/their authorized capacity(ies),and that by _OTHER: ter/their 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 names))of person(s)or entity(ies) ' (Sign in Ink) s er (Print/Type Name) Notary Public in and for the State of �t62a, Camninl0n R • • 1�ICp11111.�. Q e- �- Z Signed this -iQ—day of ri , 2002. By WP��& Ma oR B Ingrid R e ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER STATE OF -10 } _KENDIVIDUAL COUNTY OF_54pry _}ss: !CORPORATE Title(s)of Corporate Officer(s): On this day of nra AD.49 aoZ. before me,the undersigned,a No Public in and for said State, personally appeared ar;o ? z Corporate Seal is affixed J ^_No Corporate Seal procured PARTNER(s): Limited Partnership _to me personally known General Partnership or improved 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/Qsubscribed to the within GUARDIAN(s)OR instrument and acknowledged to me the he/she executed the �CONSERVATOR(s) same in lusiher/t&DOauthorized capacity(ies),and that by OTHER: his/her/ttOi 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: Pj�&— List name(s)of person(s)or entity(ies) (Sign in Ink) Z�--e,k s (Print/Type Name) Notary Public in and for the State of !:GwG_ Nt�ER tA�t CanKn.� Z P�� 3 . 11 Y • EXHIBIT "A" STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES , PUBLIC WORKS DEPARTMENT N DATE: I OWNER : RODR I GUE Z, MAR 10 & I NGR I D 4506 HEMINGWAY DR. AMES, IA 50014 NO SCALE V \ 0 "J Ln O 21!\5.3.3 SF \ s \ \ o �8� •11 I L'J \ 16. 49 a o I 2 o t 1 175. 00` I Q CD ` Z o� 0 1�, 750 SF O ' �-' •I Q 4500 1 � 1 , o LLJ SURFACE WATER FLOWAGE EASEMENT FROM: RODRIGUEZ, MARIO & INGRID ADDRESS: 4506 HEMINGWAY DR. DESCRIPTION: THE EAST 70' OF LOT 2 HILLSIDE SUBDIVISION 1ST ADDITION IN THE CITY OF AMES, IOWA. RECORDED: INSTRUMENT NO. : DATE: R: roll Hillsl a Hil side. gn Feb. 13, 2002 12:28:26 P5 e- y