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HomeMy WebLinkAbout~Master - Storm Water Retention Pond - Nichols, ISU Alumni Association, Etal. �i ENSI # 0"8s a _ • so o �� O pv ' EE E $ ,�c / 2 a rill Rp Fo0(/NTy - A.M MAR MODIFICATION OF STORM RETENTION POND EASEMENT ��SAN� 1 3�9J9 �fA,Bec�rder THIS AGREEMENT made by and between Harold J. Nichols and Ruth Nichols , husband and wife , Center Development Com- pany, Iowa State University Alumni Association, Gateway Center, Ltd. , and Gateway Center Associates (hereinafter collectively referred to as GRANTORS) and City of Ames , Iowa (hereinafter referred to as GRANTEE) . WHEREAS , Grantors have heretofore entered into a cer- tain Storm Retention Pond Easement dated December 10, 1976 , N and filed in the office of the Recorder of Story County , ] Iowa, on January 19 , 1977 , and recorded in Book 133 at Page 696 by which they established a perpetual storm retention pond easement upon, over, across and under a tract of land now described as Lot 4 in Gateway Center Subdivision of the . City of Ames , Iowa, and defined their respective rights and obligations in regard thereto ; and it WHEREAS , Grantors wish to modify said Storm Retention � Pond Easement by granting to Grantee certain easement rights D and by having Grantee assume certain obligations . -C .D NOW, THEREFORE , in consideration of the mutual covenants hereinafter contained, it is agreed as follows : 1. Grantors hereby grant unto Grantee, its successors _ and assigns , a perpetual easement for the construction, re- En construction, alteration, repair, maintenance, use and oper- ation of a storm sewer system and related structures upon, over, across and under a tract of land in Lot 4 in Gateway Center Subdivision of the City of Ames , Iowa, that measures 10 . 0 feet on each side of a centerline described as follows : Commencing at a point on the South line of Lot 4 in W Gateway Center Subdivision of the City of Ames , Iowa, 166 . 80 feet West of the Southeast corner of said Lot 4; thence North 07'01' 11" East 214. 8 feet to a point; .JO thence North 83°31 ' 11" East 118 . 6 feet, more or less , to a point on the East line of said Lot 4 and the terminal point of the easement centerline. 2 . Grantee shall be the owner of the storm sewer system and related structures now existing or hereafter constructed within said storm sewer easement described in paragraph 1 above and shall be responsible for the maintenance and re- , pair of said storm sewer system and related structures . 3 . Grantors hereby grant unto Grantee, its successors and assigns , a perpetual easement in, into , upon, over, across and under all of Lot 4 in Gateway Center Subdivision of the City of Ames , Iowa, for the construction, reconstruction, al- teration, repair, maintenance, use and operation of a storm retention pond for the temporary storage and retention of storm water. Maintenance and repair of said storm retention pond as a functional part of Grantee's mun.icinal storm sewer E system, including solutions for siltation problems , shall be the responsibility of Grantee. Gateway Center, Ltd. , its successors and assigns , as the owner of Lot 2 in Gateway Cen- ter Subdivision of the City of Ames , Iowa, shall be solely responsible for landscaping, general maintenance and custod- ial control of the grounds in said Lot 4 and in a manner con- sistent with Grantee 's use of said storm retention pond ease- ment. 4. This agreement constitutes a modification of the aforesaid Storm Retention Pond Easement dated December 10 , 1976 , which shall be construed and applied so as to give full effect to such modifications as are contained herein. a03d� PAGE { w Modification of Storm Retention Pond Easement Page Two 5 . No buildings or structures shall be located on said Lot 4 and no grading or alteration of the contours of said Lot 4 shall occur except with the express written authoriza- tion and in accordance with plans approved by a properly em- powered representative of the grantee. IN WITNESS WHEREOF, each of the parties hereto have caused this Agreement to be executed as of the 2nd day of October, 1978 . Harold J. Nichols Ruth Nichols GATEWAY CENTER ASSOCIATES CENTER DEVELOPMENT COMPANY (Limited Partnership) By : GATEWAY CENTER, LTD. (General Partnership) By Harold J. Nichols , Partner P By IOWA STATE UNIVERSITY ALUMNI o as R. Smifh, President ASSOCIATION L By JBy Jo L. Dasher, Secretary rharles axwe , President ! By CITY OF AMES , IOWA Rita Frevert, Secretary Zz , f , (SEAL) B GATEWAY CENTER, LTD. �� '�•�{s '�� Lee Fellinger, Mayor �- By l By Mary E. P ity Clerk— omas Smi h, is ent (SEAL) By Jo n L. Das er, Secretary STATE OF IOWA, STORY COUNTY , SS : On this day of October, 1978 , before me , the undersigned, a Notary Public in and for the State of Iowa, personally appeared Charles J . Maxwell and. Rita Frevert, to me personally known, who , being by me duly sworn, did say that they are the President and Secretary, respectively , of said corporation executing the within and foregoing in- strument, that the seal affixed thereto 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 Charles J. Maxwell and Rita Frevert , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of BOOK _.1E2 PAGE . Modification of Storm Retention Pond Easement Page Three said corporation, by it and by them voluntarily exe,12�41441 T OKA 0 -it 4a^ A K N f. No ary Publ i STATE OF IOWA, STORY COUNTY, SS : On this l day of October 1978 , before me, a Notary Public within and for the State of Iowa, personally appeared Thomas R. Smith ,and John L. Dasher, to me personally known, who being by me duly sworn did say that they are the President and Secretary, respectively, of Gateway Center, Ltd. , named in the foregoing instrument, that no seal has been procured by said corporation, and that said instrument was signed on behalf of said corporation by authority of its Board of Directors and said Thomas R. Smith and John L. Dasher acknowledged the execution of said instrument to be the, 'free act and deed of said corporation, by it and by them.,4yss �x ily executed. .,l F w �f•r Notary Public—in and tors,, =` C STATE OF IOWA, STORY COUNTY, SS : On thisl O day of October 1978 , before me, the undersigne , a Notary Public in an or the State of Iowa, personally appeared Thomas R. Smith and John L. Dasher, to me personally known, who , being by me duly sworn, did say that they are the President and Secretary, respectively , of Gateway Center, Ltd, the General Partner of Gateway Center Associates , an Iowa Limited Partnership, which executed the within and foregoing instrument ; that no seal has been procured by said corporation; that said instrument was signed on behalf of said corporation as General Partner of Gateway Center As- sociates , an Iowa Limited Partnership , by authority of said corporation' s Board of Directors ; and that the said Thomas R. Smith and John L. Dasher as such officers acknowledged the execution of said instrument to be the voluntary act,°and deed of said corporation and Limited Partnership b ay them voluntarily executed. ' T Notary Public in and to IN, .e STATE OF IOWA, STORY COUNTY, SS : On this \30 �day of October 1978, before me, the undersigneT, a Notary Public in an or said County and State, personally appeared Harold J. Nichols and Ruth Nichols , "94 to me known to be the identical persons named in and who exe- cuted the foregoing instrument, and acknowledged that they executed the same as their voliAtary act and deed. « M 4taryPublic in and for sai State BOOK l PAGE .� �►` `` Modification of Storm Retention Pond Easement Page Four STATE OF IOWA, STORY COUNTY, SS : On this J©T11day of October 1978 , before me, the undersigned a Notary Pu is in and for the State of Iowa, personally appeared Harold J. Nichols , to me personally known, who being by me duly sworn, did say that he is one of the partners composing said partnership executing the foregoing instrument; that said instrument was signed on behalf of said partnership by authority of its partners ; and that the said Harold J. Nichols , as such partner, acknowledged the execution of said instrument to be the voluntary act and deed of said partnership, by it and y him voluntarily executed. otary Public in and for said State STATE OF IOWA, STORY COUNTY; SS : On this day of 1979, before me, the undersigned, a Notary Public in an or the State of Iowa, personally appeared Lee Fel 1 i nger and Mary E. Paul, to me per- sonally known, who . being by me duly sworn, did say that they are the Mayor and 'Clerk, respectively , of the City of Ames , Iowa; that the seal affixed to the foregoing instrument is the seal of said City of Ames , Iowa; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council and, that the said Lee Fellinger and Mary E. Paul , as such Mayor ana. `Clerk, acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation by it and by them voluntarily executed. 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