HomeMy WebLinkAboutA006 - Surface Water Flowage Right of Way permit and Easement - portion of Lot 1, Lot 2, Lot 9 00- 15760
INST.NO.0%
�s J STORY COUNTY, IOWA
-R" FILED FOR RECORD
AW N Q V 2 9 1999 PM
SUSAN L.VANDE KAMP,Recorder
RECORDING FEE$_,,,
°- AUDITOR'S FEE$
Prepared by: Christine Hunziker, 535 Main, Ames, IA 50010; telephone 232-4115
SURFACE WATER FLOWAGE
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. 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 whatever manner necessary
2
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 B.
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 , 1999.
HUNZIKER DEVELOPMENT CO., L.C.
r
By , [
DearfE. Hunziker, Pres dent
By
Gary J. Secretary
STATE OF IOWA )
) ss.
COUNTY OF STORY )
On this dayof 1999, before me a Notary Public in
ry
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.
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NOTARY P LI - S TE OF IOWA
NAN', ,' ?E_GHLY
MY COMMISSION EXPIRES
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Schedule B
SURFACE WATER FLOWAGE EASEMENT
Beginning at the Northeast Corner of Lot 1 ; thence, South
along the East Line of Lot 1 a distance of 50 . 00 feet;
thence, West along a line parallel with and 50 . 00 feet South
of the North Line of Lots 1 and 2 a distance of 140 . 00 feet
to the West Line of Lot 2; thence, Westerly in a straight
line to the Northwest Corner of Lot 9; thence, East to the
Point of Beginning;
All in, Hillside Subdivision Fifth Addition, Ames, Story
County, Iowa.
9�- 15760 �3�