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Home My WebLink AboutA003 - Surface Water Flowage Easement Ys )AI nstrument:2007- 00010825 M Date:Sep 11r2007 02:29:59P V"Rec fee: 15.00 E-Goa Fee: 1.00 ud Fee: .00 Trans Tax: .00 Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Store Counter Iowa Susan L. Vande Kampr Counts Recorder RMRN TO; DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239.5146) SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that Pyle Land, LLC (hereinafter called "Grantor"),hereby convey unto the City of Ames,Iowa,a municipal corporation(hereinafter called"City") a perpetual easement and right-of-way under,over,on,through,across and within the real estate hereinafter called "Easement Area", for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining a surface water flowage area with all necessary structures and appurtenances thereto, under, over, on, through, across, and within the Easement Area, more particularly described as follows: A part of Parcel H in the Northeast Quarter of the Northwest Quarter of Section 13,Township 83 North, Range 24 West of the 5th P.M.,City of Ames,Story County,Iowa as filed in the office of the Story County Recorder at Instrument No.01-01457,said part being more particularly described as follows:Commencing at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of said Section 13; thence S89039'15"E,264.08 feet along the North line of said Section 13; thence S00°20'45"W,50.00 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning;thence S89°39'15"E, 603,36 feet along said right of way line;thence S39°54'33"W,58.37 feet;thence N89°39'15"W,222.00 feet;thence S83°34'09"W,296.61 feet;thence N89°39'15"W,84.00 feet;thence N23°35'22"E,87.07 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning,containing 0.79 acres. This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED.Grantor shall not erect any fence or other structure(except a paved roadway,parking and/or other utilities)under,over,on,through,across or within the Easement Area without obtaining the prior written consent of the City, nor shall Grantor cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. The Grantor shall have the duty to mow the grass and perform routine maintenance of the grassed waterways. The City shall have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural integrity of those waterways. 2. CHANGE OF GRADE PROHIBITED. Grantor shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent of the City. 3. RIGHT OF ACCESS. The 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 Page 1 of 2 t herein described, including but not limited to, the right to remove, without liability to the City, any unauthorized fences,structures,obstruction,planting or material placed or erected under,over,on,through, across or within the Easement Area. 4. LIABILITY. Except as may be caused by the negligent acts or omissions of the City, its employees or agents, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in any manner from the existence of this Easement, or from the flowage or drainage of water into, over, through, across, within or out of said Easement Area. Grantor agrees to indemnify and hold City,its employees,agents and representatives harmless against any loss,damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City. 6. EASEM ENT RUNS W ITH LAND. This Easement shall be deemed to run with the land and shall be binding on grantor and on Grantor's heirs, successors and assigns. Grantor does hereby covenant with the City that(i) Grantor holds said real estate described in this Easement by title in fee simple; (ii) Grantor has good and lawful authority to convey the premises against the claims of all persons whosoever. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated this 1-7 day of J-A wVa.�7 , 2007. PYLE LAND,LLC STATE OF IOWA, S COUNTY ss: On this 12 day of v ,2007,before me, a notary in and for said county, p sonally appeared DENNIS D.PYLE,to me personally known,who being by By' me duly sworn or affirmed did say that person is a member Dennis D. Pyle, Me er of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said DENNIS D. PYLE acknowledged the execution of said instrument to be the voluntary a t and deed of said limited liability company by it volunt i y executed. Notary Public in and for / County,Iowa Pint 1?A`lf+? "Af. Z r C01M r IllY C OP�A, U,'! ZC)0 g SALAW\Pyle-Surface Water Flowage Easement 011207.wpd Page 2 of 2 R. BRAOLEY STUMBO P. O. BOX 1664 AMES, IOWA 50010 515-233-3689 NW CORNER PLAT OF EASEMENT NE1/4. NW1/4 SEC. 13-83-24 SURFACE WATER FLOWAGE EASEMENT (TO BE SET N1/4 CORNER FOLLOWING SEC. 13-83-24 CONSTRUCTION) FOUND 1/2" S.E. 16TH STREET (ROW VARIES) REBAR S89'39' 15"E 264.08' S69'39'15"E 1043.88' �S00'20'45"W ROW LINE_ _ 50.00' S89'39' 15"E 603.36' N23.35'22"E - - - - - - - _ 87.07' 61 222.00' S39'54'33"W 296. N89'39' 15"W 58.37' S83.34'09'W NB 04 00 s W EASEMENT AREA f34580.73 SO FT 0.79 ACRES I off. PARCEL ID: 09-13-100-215 :hp Na . FOUND 1/2" REBAR W/ YELLOW CAP 06586 (TYPICAL) — .. Survey Description-Surface Water Flowage Easement: A part of Parcel H in the Northeast Quarter of the Northwest Quarter of Section 13. Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa as filed in the office of the Story County Recorder at Instrument No. 01-01457, said part being more particularly described as follows: Commencing at the Northwest Corner of the Northeast Quarter of the Northwest Quarter of said Section 13: thence S89'39' 15"E, 264.08 feet along the North line of said Section 13; thence S00'20'45"W. 50.00 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning: thence S89'39' 15"E, 603.36 feet along said right of way line; thence S39'54'33"W, 58.37 feet: thence N89'39' 15"W, 222.00 feet; thence S83'34'09"W, 296.61 feet; thence N69'39' 15"W, 84.00 feet: thence N23'35'22"E, 87.07 feet to a point on the South right of way line of S.E. 16th Street and the point of beginning, containing 0.79 acres. GRAPHIC SCALE 1 "=150 ' PROPRIETOR: PYLE LAND, L.L.C. REQUESTED BY: DOUG ERNST, 0 150 300 450 ENGINEERING ALLIANCE, INC. Certification: I hereby certify that this land surveying bycmeent was or underrrmyard dirrectd the relted surveypersonalasupervisionwand thatork waspIramraefomed �P lcE s t F G duly licensed Land Surveyor under the laws of the State of Iowa. Q p 17161 R. Bradley Stumb License #17161 Date: My license rene44I date is December 31, 2007 Iowa Job #15834PEAS2 Date: 10/02/06 Page 1 of 1 SUAv P��-3