The URL can be used to link to this page

Home My WebLink AboutA005 - Surface Water Flowage and Drainage Right-of-Way Permit and Easement dated July 23, 1997 STORY COUNTY, IOWA a FILED FOR RECORD JAN 0 6 1998 pV S1J M L VAt h Ap, Rewdng Fee$ PwdlUor`B'F"si S •�-- SURFACE WATER FLOWAGE AND DRAINAGE s: •') 8� RIGHT OF WAY PERMIT AND EASEMENTS The undersigned, Dayton Park, LTD. , in consideration of th e sum of One Dollar ($1. 00) , the receipt of which is hereby acknowledged, does hereby grant to the City of Ames, Iowa, a municipal corporation, its successors and assigns, a perpetual right to construct, reconstruct, maintain and use the following.- A. SURFACE WATER FLOWAGE AND DRAINAGE EASEMENT. 1 . Grantors shall not erect any structures over or within the Easement Area without obtaining the prior written approval of the City Engineer. 2 . Grantors shall not erect or cause to be placed on the Easement area any structure, material, device, thing or matter which could possibly obstruct or impede the normal flow of surface water over the Easement Area without obtaining the- prior written approval of the City Engineer. 3 . Grantors shall not change grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City Engineer. 4 . City shall have the right of access to the Easement Area and have all rights of ingress and egress reasonably necessary for the use and enjoyment _ of the Easement Area as herein described, including, but not limited to, the right to remove any unauthorized obstructions or structures placed or erected on the Easement Area and the right to improve, repair and maintain the Easement Area in whatever manner necessary to provide adequate and proper drainage a 2 and to protect the public health, safety and general welfare. The legal description of the real estate over which the above easements are granted is more specifically described as follows: SEE ATTACHED SCHEDULES C, D and E. The foregoing right is granted upon the express condition that the City of Ames will assume liability for all damage to the herein described property caused by the City's failure to use due care in its exercise of the granted right. 1 Signed this da _ y of � �� r !1 �— 997 . DAYTON PA$K, LTD. By , Dean E. Hunziker General Partner STATE OF IOWA ) ss. COUNTY OF STORY) �; 1997, before me, a On this -, > day of Notary Public i d for the Stat' of Iowa, personally appeared Dean E. Hunziker, to me personally known, who, being by me duly sworn, did say that he is a General Partner of Dayton Park, LTD. , an Iowa limited partnership, executing the foregoing instrument, that the instrument was signed on behalf of the limited partnership by authority of the limited partnership; and the general partner acknowledges the execution of the instrument to be the voluntary act and deed of the limited partnership, by it and by the General Partner voluntarily executed. NOTARY PUBPIC -; STA1;E OF IOWA NANCY BEEGHLY ors MY COMMISSION EXPIRES fig- 001.85�a) SCHEDULE C LEGAL DESCRIPTION SURFACE WATER FLOWAGE & STORAGE EASEMENT WESSEX SUBDIVISION A Surface Water Flowage and Storage Easement as shown on Wessex Subdivision, an Official Plat, City of Ames, Story County, Iowa lying in Section 16, Township 83N,Range 24W, that is more particularly described as follows: Commencing at the SE Corner of said Section; Thence, N89°-51'-33"W along the South Line of SE 1/4 of said section a distance of 230.76 feet; Thence,N32°-29'43"E a distance of 41.43 feet to the Point of Beginning; Thence, N00°-08'-27"E a distance of 179.00 feet; Thence, N65°-00'-30"W a distance of 268.05 feet; Thence, S19°-20'-05"W a distance of 96.07 feet; Thence, N42°-00'-00"W a distance of 33.72 feet; Thence Northerly along a 55.00 feet radius curve, concave Easterly, a distance of 39.84 feet, said curve having a chord bearing of N21°-14'-56"W, and a chord length of 38.97 feet; Thence, NOO°-29'-52"W a distance of 108.13 feet; Thence Northerly along a 175.00 foot radius curve, concave Westerly, a distance of 72.12 feet, said curve having a chord bearing of N16°-12'-38"W, and a chord length of 71.61 feet; Thence,N56°-50'-22"E a distance of 15.44 feet; Thence Easterly along a 39.77 foot radius curve, concave Southerly, a distance of 34.50 feet, said curve having a chord bearing of N81°-41'-34"E, and a chord length of 33.43 feet; Thence, S72°-58'-14"E a distance of 137.96 feet; Thence Easterly along a 650.63 foot radius curve, concave Northerly, a distance of 193.38 feet, said curve having a chord bearing of S81°-29'-07"E, and a chord length of 192.67 feet; Thence, S90°-00'-00"E a distance of 122.92 feet; Thence, SOO°-Ol'-51"E a distance of 136.64 feet; Thence, S32°-29'-43"W a distance of 294.75 feet, to the end of said easement. SCHEDULE D LEGAL DESCRIPTION DRAINAGE EASEMENT WESSEX SUBDIVISION A Drainage Easement shown on Wessex Subdivision, an Official Plat, City of Agnes, Story County, Iowa lying in Section 16, Township 83N, Range 24W, that is more particularly described as follows: Commencing at the NE Corner of the SE 1/4 of the SE 1/4 of said section; Thence, S890-44'-41"W along the North Line of the S 1/2 of the SE 1/4 of said section a distance of 1065.79 feet, Thence, S00°-00'-02"E a distance of 50.00 feet to the Point of Beginning; Thence, N890-44'-41"E a distance of 20.00 feet; Thence, S00°-00'-00"E a distance of 163.64 feet; Thence, S890-59'-58"W a distance of 20.00 feet; Thence, N00°-00'-02"W a distance of 163.55 feet to the end of said easement. SCHEDULE E LEGAL DESCRIPTION SURFACE WATER FLOWAGE EASEMENT WESSEX SUBDIVISION Surface Water Flowage Easement as shown on Wessex Subdivision, an Official Plat, City of Ames, Story County. Iowa in Section 16, Township 83N, Range 24W, said easement 50.00 feet wide, lying 25.00 feet on either side of the following described line: Commencing at the SE Corner of said section; Thence, N89°-5 F-33"W along the South Line of the SE 1/4 of said section a distance of 1066.48 feet; Thence, N00°-00'-02"W a distance of 60.00 feet to the Point of Beginning; Thence, S89°-5 F-33"E a distance of 429.97 feet; Thence, N24°-59'-11"E a distance of 113.68 feet; Thence, N90°-00'-00"E a distance of 53.79 feet, Thence, N19°-20'-05"E a distance of 125.00 feet, to the end of said easement.