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HomeMy WebLinkAboutA002 - Storm Sewer and Surface Water Flowage - Right of Way Permit and Easement ' t 1 0 STORM SEWED AND SURFACE WATER FLOWAGE RIGHT OF WAYIPERMIT AND EASEMENTS The undersigned, Hunziker Development Co. , L.C. , 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 t�e following: A. STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT. 1. Grantors shall not erect any structures over or within the r 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. 1 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 J 2 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 D. 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 . HUNZIKER D VELOPMENT CO. , L.C. ByIke Dea E. Hunziker, P&esident c By Gary J. ker, Sec to STATE OF IOWA ) ss. COUNTY OF STORY) On this - day of , 1994 , before me the undersigned, personally appeared Dean E. Hunziker, President, and Gary J. Hunziker, Secretary, to me known to be the identical persons named in and who executed the same as President and Secretary in HUNZIKER DEVELOPMENT CO. , L.C. and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC - STATE OF IOWA CAWLY11 CCE SCHEDULE D STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT A rectangular shaped Storm Sewer and Surface Water flowage Easement over and across a portion of Outlot "Z" and Lot 32 in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa described as : Beginning at the Southeast Corner of Outlot "Z" in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa; thence West along the South Line of said Outlot "Z" , a distance of 70 . 00 feet; thence North along a line parallel with and 70 . 00 feet West of the East Line of Outlot "Z" and Lot 32 in said Hillside Subdivision First Addition to the North line of said Lot 32; thence East along the North Line of said Lot 32 , a distance of 70 . 00 feet to the Northeast Corner of said Lot 32; thence South along the East Line of said Lot 32 and Outlot "Z " to the point of beginning. SCHEDULE D STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT An irregular shaped Storm Sewer and Surface Water Flowage Easement over and across a portion of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and Outlot "Z " in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa is described as : Beginning at the Southeast Corner of Lot 1 in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa; thence North along the East Line of said Lots 1, 2, 3, and 4 in said Hillside Subdivision First Addition, a distance of 477 .41 feet to the Northeast Corner of Lot said Lot 4; thence westerly along the Northerly line of Lots 4, 5, 6, 7, 8, 9, 10, 11, and Outlot "Z" in said Hillside Subdivision First Addition, a distance of 950 . 02 feet to a point that is 210 . 00 feet West of the Northwest Corner of said Lot 11; thence Southeasterly in a straight line to a point that is 50 . 00 feet South of the Northerly Line of said Outlot "Z" and 140 . 00 feet West of the West Line of said Lot 11; thence Easterly along a line parallel with and 50 . 00 feet South of the Northerly Line of said Outlot "Z" and said Lots 11 and 10 to the East Line of said Lot 10; thence Easterly to a point on the East Line of said Lot 9, said point being 108 . 35 feet North of the Southeast Corner of said Lot 9; thence Easterly to a point on the Easterly Line of said Lot 8, said point being 104 .23 feet North of the Southeast Corner of said Lot 8; thence Easterly to a point on the Easterly Line of said Lot 7, said point being 100 . 00 feet North of the Southeast Corner of said Lot 7; thence Easterly to a point on the Easterly Line of said Lot 6, said point being 90 . 00 feet Northerly of the Southeasterly Corner of said Lot 6; thence Easterly to point on the Southeasterly Line of said Lot 5, said point being 100 . 00 feet Northeasterly of the most Southerly Corner of said Lot 5; thence Southeasterly to a point on the Southeasterly Line of said Lot 4, said point being 130 . 00 feet Northeast of the most Southerly Corner of said Lot 4; thence Southerly to a point on the Southerly Line of said Lot 3, said point being 114 . 85 feet Easterly of the Southwest Corner of said Lot 3; thence South parallel with and 70 . 00 feet West of the East Line of said Lots 2 and 1 to the South Line of said Lot 1; thence East along the South Line of said Lot 1 to the Point of Beginning. STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT A Storm Sewer and Surface Water Flowage Easement over and across a portion of Lots 6 and 7 in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa is described as : The West 15 . 00 feet of Lot 6 in Hillside Subdivision First Addition, an Official Plat, Ames, Story County, Iowa, and the East 15. 00 feet of Lot 7 in said Hillside Subdivision First addition.