HomeMy WebLinkAboutA004 - Storm Sewer, Surface Water Flowage and Sanitary Sewer Right of Way Permit and Easement - portions of Lot 22, Lot 23, Lot 26, Lot 27 • � INST.N0,
99 - 15758
STORY OO N OWA
S� FILED FOR AE ORD
F.
n \\ AM N O V V 1999 fK
SUSAN L.VAND& , t S
MIOITOR'i Ati
Prepared by: Christine Hunziker, 535 Main, Ames, IA 50010; telephone 232-4115
STORM SEWER, SURFACE WATER FLOWAGE
AND SANITARY SEWER RIGHT OF WAY
PERMIT AND EASEMENT
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 EASEMENT.
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 Fifth Addition,
Hillside Subdivision, in Ames, Iowa, and more specifically described as follows:
SEE ATTACHED SCHEDULE D.
B. 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
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normal flow of surface water over the Easement Area without obtainingthe prior writ p ten
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 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.
C. SANITARY SEWER EASEMENT.
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 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 sewer lines upon underground or adjacent to the real estate
located in Fifth Addition, Hillside Subdivision, in Ames, Iowa, and more specifically
described as follows:
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7 5 8 ( z)
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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 0�day of r 1999.
HUNZIKER DEVELOPMENT CO., L.C.
By
Dean E. Hunziker, President
By EA—�,\
Gary J. Hun ecre ry
STATE OF IOWA )
) ss.
COUNTY OF STORY )
On this „,W'y' day of e , �'�� .: 1999, before me, a Notary Public in
and for said county, 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.
NO ARY P BLI , - S TE OF IOWA
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99- 1 5758 � 3 �
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Schedule D
STORM SEWER, SURFACE WATER FLOWAGE , SANITARY
SEWER
The West 15 . 00 feet of Lot 27; AND,
The East 15 . 00 feet of Lot 26; AND,
The West 15 . 00 feet of Lot 23; AND,
The East 15 . 00 feet of Lot 22;
All in, Hillside Subdivision Fifth Addition, Ames, Story
County, Iowa .
99- 1 5758 Cy)