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HomeMy WebLinkAboutA008 - Storm Sewer and Surface Water Flowage Right-of-Way Permit and Easement dated October 4, 2001 - ® 1 ® 16972 INST.NO. STORY COUNTY IO , D �] FILED FOR RECORD D E C 03 2001 PINS pQ� raUSAN L.VANDE KAMP,Record@P FISH.FEE$ UD.FEE�® 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 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. 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 Seventh 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 2 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 necessar y 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 Z- "` day of 2001. HUNZIKER DEVELOPMENT CO., L.C. By Dea E. Hunziker, Pre dent By .. Gary J. Hu `Secretary 3 STATE OF IOWA ) COUNTY OF STORY ) Ss. On this day of 6 ,�-{�t,�, , 2001, before me, a NotaryPublic 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. NOTARY PUBLI - ST E IOWA �VSWAc NANCY BEEGHLY * COMMISSION# 155558 MY COMMISSION EXPIRES OWA STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT THE SOUTHWESTERLY 15.00 FEET OF LOT 6 IN HILLSIDE SUBDIVISION SEVENTH ADDITION,AN OFFICIAL PLAT,AMES, STORY COUNTY, IOWA. THE NORTHEASTERLY 15.00 FEET OF LOT 7 IN HILLSIDE SUBDIVISION SEVENTH ADDITION,AN OFFICIAL PLAT, AMES, STORY COUNTY, IOWA. THE WEST 10.00 FEET OF LOT 15 IN HILLSIDE SUBDIVISION SEVENTH ADDITION, AN OFFICIAL PLAT,AMES, STORY COUNTY, IOWA. THE EAST 10.00 FEET OF LOT 16 IN HILLSIDE SUBDIVISION SEVENTH ADDITION, AN OFFICIAL PLAT,AMES, STORY COUNTY, IOWA. THE WEST 20.00 FEET OF LOT 25 IN HILLSIDE SUBDIVISION SEVENTH ADDITION, AN OFFICIAL PLAT,AMES, STORY COUNTY, IOWA. Schedule "B"