HomeMy WebLinkAboutA004 - Storm Sewer and Surface Water Flowage Right of Way Permit and Easements dated November 5, 1992 • INST.NO. 10g13
STORY COUNTY, IOUVA
V/ 11�FILED FOR RECORD
a STORM SEWER AND SURFACE WATER FLOWAGE AM MQ 1993
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RIGHT OF WAY PERMIT AND EASEMENTS SAN L.VANDE KAMP,R6c;-4- 0
Recording Fee$
Auditors Fee$
The undersigned, Dayton Park LTD. , and Iowa L-hm -tee1--
Partnership, 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.
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 with in 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 Plat No. 3, in the City of Ames, Iowa, and more
specifically described as follows:
SEE ATTACHED SCHEDULE C .
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
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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 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 r)(_ 7.M IJC,,V , 1992.
DAYTON P LTD.
By
D9fin Hunziker, G eral
Partner
3
By ti
Er en A. Hunziker, Ge eral
Partner
STATE OF IOWA )
ss.
COUNTY OF STORY)
On this � day of A)pWA13t'r— ' 1992, before me the
undersigned, personally appeared Dean 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.
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NOTARY PUBL C - STATE OF IOWA
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SCHEDULE "C"
Storm Sewer and Surface Water Flowage Basement:
"Beginning at the Northeast Corner of Lot 1 in Valley East
Plat No. 3, an official plat now included in and forming a
part of the City of Ames, Story County, Iowa; thence
Southerly along the Easterly line of Lots 1 and 2 in said
Valley East Plat No. 1, a distance of 71.11 feet; thence
Northwesterly in a straight line to a point on the Northerly
line of said Lot 1, said point being 71.11 feet West of the
Northeast Corner of said Lot 1; thence Easterly along the
Northerly Line of said lot 1, a distance of 71.11 feet to
the Point of Beginning."
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