HomeMy WebLinkAbout~Master - Permanent Drainage - Fromm - S28-T84N-R24W E�5 �s86
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�Instrunent:200E- 00011515
M Uate:Oct 24►2008 10:51:35A
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Filed for record in Story Counts► Iowa
Susan L. Mande Kamp? County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,Ames City Attorney, 515 Clark Avenue,Ames,Iowa 50010;ph.: 515-239-5146
Return document to:Ames City Clerk, 515 Clark Avenue,Ames,Iowa 50010
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PERMANENT DRAINAGE EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That we,the undersigned, Herbert Fromm and Katherine Fromm, as Trustees of the Herbert and Katherine
Fromm Revocable Trusted Dated February 26,1997(hereinafter called"Grantor"),their successors and assigns,for good
and valuable consideration,receipt of which is hereby acknowledged,do hereby grant unto the CITY OF AMES,IOWA,
a municipal corporation(hereinafter called"City"), its successors and assigns, a perpetual easement and right-of-way
under,over,on,through,across,and within the real estate hereinafter called`Basement Area",for the purpose ofthe City
constructing,reconstructing,repairing,replacing,enlarging,inspecting,and maintaining a surface water drainage area
together with all necessary structures and appurtenances thereto,under, over,on,through,across,and within the real
estate described as:
the West 252.2'ofthe Southwest Quarter of the Northwest Quarter(SW-NW)of Section 28,Township
84 North,Range 24 West of the 5th P.M., Story County, Iowa,which lies south of the County Road.
Said easement area is more particularly described as:
25'on each side of an unnamed creek as it passes through the West 252.2'of the Southwest Quarter of
the Northwest Quarter(SW-NW)of Section 28,Township 84 North,Range 24 West of the 41h P.M.,
Story County,Iowa,which lies south of the County Road
AND
The Northeasterly 75'of the West 252.2'of the Southwest Quarter of the Northwest Quarter(SW-NW)
of Section 28,Township 84 North,Range 24 West of the 5'P.M.,Story County,Iowa,which lies south
of the County Road.
This Easement shall be subject to the following terms and conditions:
1. Grantor grants to the City permission to develop and use the said land as a surface water drainage area.
All development and construction shall be done by employees of the City or City's contractors in accordance with a
schedule set by the City.
2. The City will pay for all costs of filing this document.
3. 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 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 perform
mowing,weed control and other routine maintenance. 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.
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4. 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.
5. 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 herein described,including but not limited to,
the right to remove,without liability to the City,any unauthorized fences,structures,obstruction,or material placed or
erected under,over,on,through,across,or within the Easement Area.
6. 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 the 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.
7. This Easement shall be for the benefit of the City.
8. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs,
successors and assigns.
IN WITNESS WHEREOF WE have hereunto affirmed our hands this day of 8.
HERBERT AND KATHERINE FROMM
REVOCABLE TRUST DATED FEBRUARY 26,1997
By: k i —
Herbert Fromm,Trusfee
By: ;6
Katherine Fromm, ee
STATE OF IOWA, STORY COUNTY ss:
On the Tday of �D� ,2008,before me,the undersigned,a Notary Public in and for the St a Iowa,
the foregoing affidavit was sworn to or affirmed and subscribed by Herbert Fromm Katherin Fro a rustees
of the Herbert and Katherine Fromm Revocable Trust Dated February 2 1997.
�i •' '• Notary Public in and for the tate of Iowa
AC SF-
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