HomeMy WebLinkAboutA006 - Storm Sewer and Surface Water Flowage Right-of-Way Permit and Easements dated October 21, 1996 q U362o
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STORY
RY COUMY� 10
FILED 5
LED FOR RE RD CO
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APR 1 6 1997 pM
G STORM SEWER AND SURFACE WATER FLOWAGE
L.VANDE I�AA Rsopr�r
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RIGHT OF WAY PERMIT AND EASEMENTS 8U
Recobrp Fea s ,00
kudor`s Fees r—
The undersigned, H & F Builders Partnership, in consideration
of the sum of One Dollar ($1.00) , the receipt of which is hereby
acknowledged, does hereby rant to the City of Ames Iowa a
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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 possiblyobstruct or impede the normal flow of surface
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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 reasonably 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
whatever manner necessary to provide adequate and proper drainage
2
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 C.
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 (� y-,� , 1996.
H & F BUI ERS PARTNERSHIP
By
Erb n A. Hunziker, Partner
w
By
Donald M. Furman, Partner
STATE OF IOWA )
ss.
COUNTY OF STORY)
On this I day of , 1996, before me, a
Notary Public in and for said county, personally appeared Erben A.
Hunziker and Donald M. Furman, to me personally known, who being by
me duly sworn or affirmed did say that they are partners of said
H & F Builders Partnership, that no seal has been procured by the
said H & F Builders Partnership and that said instrument was signed
on behalf of the said H & F Builders Partnership by authority of
its General Partners and said Erben A. Hunziker and Donald M.
Furman acknowledged the execution of said instrument to be the
voluntary act and deed of said H & F Builders Partnership by it
voluntarily executed.
NOTARVY PU IC TA OF IOWA
9 7- U3620 ( Z)
BENTWOOD SUBDIVISION SECOND ADDITION EASEMENTS
An irregularly shaped Storm Sewer & Surface Water Flowage
Easement described as : Beginning at the Northwest Corner of
Lot 3 in Bentwood Subdivision Second Addition, an Official
Plat, Ames, Story County, Iowa; thence, East along the
North Line of said Lot 3 , a distance of 70 . 00 feet to
Northeast Corner of said Lot 3 ; thence South along the East
Line of said Lot 3 , a distance of 130 . 00 feet to the
Southeast Corner of said Lot 3 ; thence West along the South
Line of said Lot 3 , a distance of 15 . 00 feet; thence North
along a line parallel with and 15 . 00 feet West of the East
Line of said Lot 3, a distance of 107 .40 feet; thence
Westerly in a straight line to a point on the West Line of
said Lot 3 , said point being 5 . 00 feet South of the
Northwest Corner of said Lot 3 ; thence North along the West
Line of said Lot 3 , a distance of 5 . 00 feet to the Point of
Beginning; AND, the Westerly 15 . 00 feet of Lot 4 in said
Bentwood Subdivision Second Addition.
SCHEDULE C
q-�- 03620 ( 3 )