HomeMy WebLinkAboutA007 - Storm Sewer and Surface Water Flowage Right-of-Way Permit and Easements dated December 4, 2000 - 00542
INS .NO. 01
- STQIRWY CCouNTY,IOwA
FILED FOR RECORD
A
JAN 16 2001 PM �
SUSAN L.�VAND�E KAMP,Recorder
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Prepared by: Christine A. Hunziker, 535 Main St., Ames, IA 50010; telephone 232-4115
STORM SEWER AND SURFACE WATER FLOWAGE
RIGHT OF WAY PERMIT AND EASEMENTS
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 Sixth Addition,
Hillside Subdivision, in Ames, Iowa, and more specifically described as follows:
SEE ATTACHED SCHEDULE "B".
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 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 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 40*"` day of December, 2000.
HUNZIKER DEVELOPMENT CO., L.C.
B �
Y
Dean . Hunziker, Presi nt
By
Gary Jil 4--A—k, ecreta
01 - 00542 (a)
AL
3
STATE OF IOWA )
) ss.
COUNTY OF STORY )
On this day of December, 2000, 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.
N ARY PU IC T E OF IOWA
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01 � 00542 (3)
SCHEDULE "B"
HILLSIDE SUBDIVISION SIXTH ADDITION
AMES , STORY COUNTY , IOWA
EASEMENT LEGAL DESCRIPTIONS
OCTOBER 10, 2000
STORM SEWER AND SURFACE WATER FLOWAGE
EASEMENT
The South 20 . 00 feet of Lot 6; AND,
The North 15 . 00 feet of Lot 13; AND,
The South 15 . 00 feet of Lot 14; AND,
A portion of Outlo_�_ U described as Beginning a-:i t-ne Most
Northerly Corner of Lot 13; rhence, N45° 00100"E along the
Northwesterly Line of Lot 14 a distance of 15. 0 feet;
thence, N45000100"id a distance of 134 . 13 feet; thence,
S58°45 ' 49"W a distance of 30 . 89 feet; thence, S43000 ' 00"E
distance of 146 . 27 feet; thence, N27°17122"E along the
_.i na .of CL 15. 69 F?a% tC lLh=
Point of 3eginning;
All in, Hillside Subdivision Sixth Addi-iiv:i, Ames ,
Story County, Towa .
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