HomeMy WebLinkAboutA011 - Storm Sewer, Sanitary Sewer and Surface Water Flowage Right of Way Permit and Easements �pg44
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STORM SEWER, SANITARY SEWER AND SURFACE , t0��� , A00"
WATER FLOWAGE RIGHT OF WAY PERMIT AND EASEME TJMTte=
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The undersigned, Erben A. Hunziker, as Trustee of the Erben A.
Hunziker Revocable Trust dated July 28, 1992; and Donald M. Furman
and Ruth W. Furman, as Trustees of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991, in consideration of the sum of
One Dollar ($1.00) , 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 EASEMENT.
1. Its storm sewer lines, consisting of all underground storm
sewer lines, connections, hook-ups and other similar equipment or
any part thereof, for the sole purpose of general storm sewer use,
together with the right to go upon the premises, make repairs,
install lines, connect to existing lines and to extend the said
lines or mains to any other property or location within the said
easement area described below for the safe operation of storm sewer
lines upon underground or adjacent to the real estate located in
First Addition, Bentwood Subdivision, in Ames, Iowa, and more
specifically described as follows:
SEE ATTACHED SCHEDULE G.
B. SANITARY SEWER EASEMENT.
1. Its sanitary sewer lines consisting of all underground
sanitary sewer lines, connections, hook-ups and other similar
equipment or any part thereof, for the sole purposes of general
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sanitary sewer use, together with the right to go upon the
premises, make repairs, install lines, connect to existing lines
and to extend the said lines or mains to any other property or
location within the said easement area described below for the safe
operation of sanitary
y sewer lines upon underground or adjacent to
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the real estate located in First Addition, Bentwood Subdivision, in
Ames, Iowa, and more specifically described as follows:
SEE ATTACHED SCHEDULE G.
C. 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 any unauthorized
obstructions or structures placed or erected on the Easement Area
and the right to improve, repair and maintain the Easement Area in
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3
whatever manner necessary to provide adequate and property 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:
SEE ATTACHED SCHEDULE G.
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 right.
Signed this day of , 1994 .
Donald M. urman as Trustee E en A. Hunziker as Tru tee
of the Donald and Ruth Furman of the Erben A. Hunziker
Revocable Trust dated March 1, Revocable Trust dated July 28,
1991 1992
R h W. Furman as Trustee of
the Donald and Ruth Furman
Revocable Trust dated March 1, 1991
STATE OF IOWA )
) ss.
COUNTY OF STORY)
On this 9�2 day of , 1994, before me, the
undersigned a Notary Public in an-4 for said State, personally
appeared Erben A. Hunziker, as Trustee of the Erben A. Hunziker
Revocable Trust dated July 28, 1992 , to me known to be the
identical person named in and who executed the foregoing
instrument, and acknowledged that the person, as the fiduciary,
executed the instrument as the voluntary act and deed of the person
and of the fiduciary.
NOT PUB I n-/( „AT OFp pIOWA/
q4--i nR44 (3� -
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STATE OF IOWA )
ss.
COUNTY OF STORY)
On this � day of , 1994, before me, the
undersigned a Notary Public i�h--an4 or said State, personally
appeared Donald M. Furman and Ruth W. Furman as Trustees of the
Donald and Ruth Furman Revocable Trust dated March 1, 1991, to me
known to be the identical persons named in and who executed the
foregoing instrument, and acknowledged that the persons, as the
fiduciaries, executed the instrument as the voluntary act and deed
of the person and of the fiduciary.
NOT UB - AT OF IOrr
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1Uanc eegh y
[ ANCY BEEGHLY
94- 10844 (4)
SCHEDULE G
A 30 . 00 feet wide Sanitary Sewer, Storm Sewer & Surface
Water Flowage Easement described as : The Southwesterly 15. 00
feet of Lot 50 in Bentwood Subdivision First Addition, an
Official Plat, Ames, Story County, Iowa; AND, the
Northeasterly 15 . 00 feet of Lot 51 in said Bentwood
Subdivision First Addition.
A 30 . 00 feet wide Sanitary Sewer, Storm Sewer and Surface
Water Flowage Easement is described as : the East 15 . 00 feet
of Lot 88 in Bentwood Subdivision First Addition, an
Official Plat, Ames, Story County, Iowa; AND, the West 15 . 00
feet of Lot 89 in said Bentwood Subdivision First Addition.
q 4- 10844 �5>