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Home My WebLink AboutA011 - Storm Sewer and Surface Water Flowage Right of Way Permit and Easement dated March 24, 1992 10413 INST.NO, STORY couwy� KM FILED KW WOW, Owe STORM SEWER AND SURFACE WATER FLOWAGE U c MAY RIGHT OF WAY PERMIT AND EASEMENTS The undersigned, Ames Savings Bank, FSB; Robert Farnham, a single person and Thomas J. Gratias and LaDonna M. Gratias, husband and wife; Yu-Min Tsai and Hsiu-Mei Tsai, husband and wife, Firstar Bank Ames; and Dayton Park LTD. , an Iowa Limited Partnership, to the extent owned by the undersigned, in consideration of the sum of One Dollar ($1. 00) , the receipt of which is hereby acknowledged, do 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 1. 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 Valley East, in the City of Ames, Iowa, and more specifically described as follows: SEE ATTACHED SCHEDULE E. 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. STATE OF IOWA I Story County ss ` Entere r taxa"t,on this 2 /_ day of P. 19 BOOK3A4 PAGE. County Auditor B% -- 2 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 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 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 E. 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 �`1`y` day of (Y� Y'. , 1992 . 1300K 3A* wE_ 3K 3 DAYTON PARR LTD. By De Hunziker, General Partn By Erben A. Hunziker, Ge ral Partner STATE OF IOWA ) ss . COUNTY OF STORY) On this V" day of rt e7 a a1 , 1992, before me, the undersigned, personally appeared Dban Hunziker and Erben A. Hunziker, to me known to be the identical persons named in and who executed the same as General Partners in Dayton Park LTD. and acknowledged that they executed the same as their voluntary act and deed. NOTARY PUBLIC - STATE OF IOWA ,O v by 1 ..........` AMES SAVINGS BANK, FSB By o * 3f '1? . aiano 0 STATE OF IOWA ss. COUNTY OF STORY) On this Iq day of FZlo• , 1992, before me, the undersigneo a Notary Public in and for said State, personally appeared e,i 4-\ R. .ate C)ffi to me personall known{ who being by me duly sworn, did say that he a the eSicl respee'�--____y, of said corporation; that (-tee-seams .z the the seal affixed hereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said t e4k R. and _�SOr'% as such officer,, acknowledged the execution of said instrument to bef the voluntary act and deed of said corpo tion, by it and b temrlir►, voluntarily executed. o••* •; DONALD L SMITH MY COMMISSION EXPIRES NOTARY PUBLIC — STA E OF I WA December 9,1993 BOOK-- ME 3U $ . r 4 Robert b. Farnham Thomas J. Gratias LaDonna M. Gratias STATE OF IOWA ) ) ss. COUNTY OF STORY) On this ►qO day of PAW 1992, before me, the undersigned a Notary Public in and Uor said State, personally appeared Robert Farnham, a single person and Thomas J. Gratias and LaDonna M. Gratias, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. C hi-a qua A . I-I-an 2i tw £ C1#A5T1NEA.KU147IKFR NOTARY PUBLIC - STATE OF IOWA ell Yu-Min Tsai Hs u-Mei Tsai STATE OF IOWA ) ss . COUNTY OF STORY) , On this day of ))I , 1992, before me, the undersigned a Notary Public in and for said State, personally appeared Yu-Min Tsai and Hsiu-Mei Tsai, husband and wife, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the ame as their voluntary act and deed. S9 DONALD R.PAYER NOTARIf PUBLIC - STATE.-OF IOWA FIRS TAR BANK AME S Bya e 3A4-GOOK _ __ • •1 • 5 STATE OF IOWA ) ss . COUNTY OF STORY) On this r)10 ' day of Y►' yo k, , 1992, before me, the undersigned a Notary Public in and for said State, personally appeared and 1)w 0 61 to me personally known, who being by me duly sworn, did say that Y�ep-$re the i Cc �tNJ iy, of said corporation; that (-no--sea-1 has---been -procured by the said/the seal affixed hereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said +z -and nu A as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Ch r;tt n k A - Pun z-11L-(-K NOTARY PUBLIC - STATE OF IOWA Ma-181F CHRISTINE A.HUNZIKER !°�LPi.� c,„K.•^sew.+eus�:an:w+��,63�'�rrmaw�.•:-w.�eswe=.v.. SCHEDULE E, page 1 VALLEY EAST STORM SEWER AND SURFACE WATER FLOWAGE EASEMENTS Page One of Two "Beginning at the Southeast Corner of Lot 20 in Valley East, an official plat now included in and forming a part of the City of Ames , Story County, Iowa; thence, S87-02 ' 39"W along the South Line of said Lot 20 a distance of 15. 02 feet; thence , NOO-00 ' 00"E a distance of 50 . 00 feet ; thence, N40-41 ' 00"W a distance of 53.70 feet to a point on the South Line of Lot 19 in said Valley East, said point being 50. 00 feet West of the Southeast Corner of said Lot 19 ; thence , N32-00 ' 00"E a distance of 94 . 341 feet to a point on the West Line of. Lot 14 in said Valley East, said point being 50.00 feet North of the Southwest Corner of said Lot 14 ; thence, S89-41 ' 19"E a distance of 55. 25 feet; thence, N26-35 ' 48"E a distance of 81 . 00 feet; thence, Southeasterly along the Northeasterly Line of said Lot 14 a distance of 15 . 19 feet; thence, Easterly along the Northerly Line of Lot 13 in said Valley East a distance of 15. 19 feet; thence , 526-35 ' 48"W a distance of 80 . 00 feet; thence, 540-53 ' 40"E a distance of 49 .75 feet to a point on the North Line of Lot 22 in said Valley East, said point being 30 . 00 feet East of the Northwest Corner of said Lot 22 ; thence , Southwesterly in a straight line to a point on the West Line of said Lot 22 , said point being 20 . 00 feet South of the Northwest Corner of said Lot 22; thence, 567-41 ' 43"W a distance of 75. 65 feet; thence , S00-00 ' 00"E a distance of 70 . 00 feet; thence , S87-02 ' 39"W along the South Line of Lot 21 in said Valley East a distance of 15. 02 feet to the Point of Beginning. " AND, Beginning at the Southeast Corner of Lot 29 in Valley East, an official plat now included in and forming a part of the City of Ames , Story County, Iowa; thence, S87-51 ' 35"W along the South Line of Lots 29 and 30 in said Valley East a distance of 288 . 06 feet; thence , N00-04 ' 45"E along the West Line of said Lot 30 a distance of 50 . 94 feet; thence , N70-58 ' 57"E a distance of 187 . 59 feet; thence, P726-27 ' 14"E along the Southeasterly Line of said Lot 30 a distance of 45. 44 feet ; thence , Easterly along the Northerly Line of said Lot 29 a distance of 30. 27 feet; thence , S26-27 ' 14"W a distance of 90 . 00 feet; thence , 575-23 ' 05"E a distance of 103 .94 feet; thence , 502-57 ' 21"E along the East Line of said Lot 29 a distance of 25 . 00 feet to the Point of Beginning. " AIdD, "The South 25. 00 feet of Lots 24 , 27 , and 28 in Valley East , an official plat now included in and forming a part of the City of Ames , Story County, Iowa. " 3 a4 3 SCHEDULE E, page 2 VALLEY EAST STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT Page Two of Two AND, "Beginning 40 . 00 feet East of the Southwest Corner of Lot 2 in Valley East, an official plat now included in and forming a part of the City of Ames , Story County, Iowa; thence, East along the South Line of said Lot 2 a distance of 71. 49 feet; thence, South along the West Line of Lot 3 in said Valley East a distance of 71.11 feet; thence, Northwesterly in a straight line to the Point of Beginning. " AND, "The South 12. 00 feet of the East 196 .49 feet of Lot 2 in Valley East, an official plat now included in and forming a part of the City of Ames, Story County, Iowa. " AND, "The North 8 . 00 feet and the West 15.00 feet of Lot 3 in Valley East , an official plat now included in and forming a part of the City of Ames , Story County, Iowa. "