HomeMy WebLinkAboutA013 - Surface WaterFlowage Right of Way Permit and Easement Na *W 10846
STORY COUMY, IOW
FILED FOR RECORD
-W �OpoC11T��0 31994 pM
o SURFACE WATER FLOWAGE AZ X. V�?RA''4 Aw
8USAN L VANDE**=
RIGHT OF WAY PERMIT AND EASEMENT pFW$ All
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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:
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
Agli47
2
and the right to improve, repair and maintain the Easement Area in
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 L.
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 this1 day of , 1994 .
Donald M. Furman as Trustee Erbe Hunziker as Trustee
of the Donald and Ruth Furman of the Erben A. Hunziker
Revocable Trust dated March 1, Revocable Trust dated July 28,
1991 1992
ley
th 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 — `(V= day of , 1994, before me, the
undersigned a Notary Public in ar@ 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.
� C
N UB - TAT OF IOWA
Ma nc y 8eejAl�4-
10846
3
STATE OF IOWA )
ss.
COUNTY OF STORY)
On this /51"-N day of , 1994, before me, the
undersigned a Notary Public in aqd for 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.
(-'1P&eAA- &AA
NOTARY PUBLIC' - S ATE OF IOWA
Nat1cy 6ee9 h I
pf f ANCY BEEGH Y
!SSiury 'EX;';'_3 3
q4- 10846 (3)
SCHEDULE L
A 20.00 feet wide Surface Water Flowage is described as: the West
10. 00 feet of Lot 2 in Bentwood Subdivision First Addition, an
Official Plat, Ames, Story County, Iowa; AND, the East 10.00 feet
of Lot 3 in said Bentwood Subdivision First Addition.
A 20.00 feet wide Surface'Water Flowage described as: the Westerly
10.00 feet of Lot 4 in First Addition, Bentwood Subdivision, an
Official Plat, Ames, Story County, Iowa; AND the Southeasterly
10. 00 feet of Lot 5 in said First Addition, Bentwood Subdivision.
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