HomeMy WebLinkAboutA009 - Story Sewer and Surface Water Flowage Right of Way Permit and Easements •a M ,
10519 SM A,
MIST. NO. I� 10WA a
STORY COUNTY,
FILED FOR RECORD f /
SEP 3 0 1996 PM
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STORM SEWER AND SURFACE WATER FLOWAGE
RIGHT OF WAY PERMIT 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 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 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
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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:
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 , 1996 .
HUNZIKER D LOPMENT CO. , L.C.
By
De E. Hunzik r, P sident
By
Gary J. n r, Secre ry
STATE OF IOWA )
ss.
COUNTY OF STORY)
On this _ '�' day of 1996, before me, a
Notary Public in and for said cou ty, personally appeared Dean E.
Hunziker and Gary J. Hunziker, to me personally known, who being by
me duly sworn or affirmed did say that they are the President and
Secretary respectively of said Hunziker Development Co. , L.C. , that
no seal has been procured by the said Hunziker Development Co. ,
L.C. and that said instrument was signed and sealed on behalf of
the said Hunziker Development Co. , L.C. by authority of its manager
and said Dean E . Hunziker and Gary J. Hunziker acknowledged the
execution of said instrument to be the voluntary act and deed of
said Hunziker Development Co. , L.C. by it voluntarily executed.
NOTJAffY PU IC STATE OF IOWA
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STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT
The East 70 . 00 feet of Lots 8, 9 and 10 in Hillside
Subdivision Second Addition, an Official Replat, Ames, Story
County, Iowa;
AND,
The South 5 . 00 feet of Lot 9 and the North 5 . 00 feet of Lot
10 in Hillside Subdivision Second Addition, an Official
Replat, Ames, Story County, Iowa;
AND,
Commencing at the Most Northerly Corner of Lot 11 in
Hillside Subdivision Second Addition, an Official Replat,
Ames, Story County, Iowa; thence Easterly along the
Northerly Line of said Lot 11, a distance of 99 . 79 feet to
the Point of Beginning; thence continuing Easterly along. the
Northerly Line of said Lot 11, a distance of 80 . 2G feet to
the Northeast corner of said Lot 11; thence South along the
East Line of said Lot 11, a distance of 45 . 00 feet to the
Southeast Corner of said Lot 11; thence West along the South
Line of said Lot 11, a distance of 205 . 00 feet to the
Southeast Corner of said Lot 11; thence Northeasterly in a
straight line to the Point of Beginning;
AND,
The South 20 . 00 feet of Lot 1G in Hillside Subdivision
Second Addition, an Official Replat, Ames, Story County,
Iowa .
SCHEDULE C
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