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HomeMy WebLinkAbout~Master - Storm Water - Stonebrooke Homeowners Association - Outlot A J i �1 Instrument 2013 00014335 fl Date:Dec 12r2013 11:59:27A D Rer_ Fee: 10.00 E-Com Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Rer- Management Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story Countyi Iowa Susan L. Vande Kampr County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146 Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010 STORM WATER EASEMENT GRANT FOR AND IN CONSIDERATION of the sum of One Dollar($1.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor, Stonebrooke Homeowners Association, does hereby grant and convey to the Grantee, the City of Ames, Iowa, a perpetual easement for the purpose of the storm sewer and surface water flowage upon, underground,through, over or across the following described premises: Outlot A, Stonebrooke Subdivision, Second Addition to the City of Ames, Story County,Iowa, AND Outlot A, Stonebrooke Subdivision, Third Addition to the City of Ames, Story County, Iowa, as shown on the attached Plat of Easement. This easement is granted according to the following general conditions: 1. The Grantor, its successors and assigns shall not: a. Erect any structures over or within the easement area without obtaining the prior written approval of the City Engineer. b. Erect or cause to be placed on the easement area any structure, material, device,thing or matter which could possibly obstruct or impede the normal flow of surface water over the easement area without obtaining the prior written approval of the City Engineer. C. Change grade,elevation or contour of any part of the easement area without obtaining the prior written approval of the City Engineer. 2. The City of Ames,Iowa, its assigns and licensees shall: a. Have the right to enter upon said premises as shall be necessary to construct, reconstruct, improve, inspect, repair, operate and maintain and service any and all of the easement area and all appurtenances thereto,together with the right to use and operate said area it deems necessary for the purpose of storm sewer and surface water flowage. b. Have the right to remove any unauthorized obstructions or structures placed or erected on the easement area,and the right to enforce through appropriate legal action any of the obligations assumed by the Grantor or lots in the subdivision under this easement grant. C. Restore said described land to a satisfactory condition after construction and/or maintenance in substantially the same condition as prior to entry, excepting only changes as necessary for the purpose of constructing, repairing,maintaining and operating storm sewer and surface water flowage over, upon,through and under the above described premises. For the purposes aforesaid,the Grantee,its officers,employees,agents,licensees,successors and assigns shall at all times have the right and privilege of access to the above described premises. The foregoing rights are granted upon the express condition that the users of the granted rights will assume liability for all damage to the real estate described herein and any adjacent real estate caused by failure to use due care in the exercise of the granted rights. This grant of easement and right-of-way shall be binding upon the heirs, successors and assigns of the Grantors. SIGNED this $4` day of AAA** 4, , 2013. STONEBROOKE HOMEOWNERS ASSOCIATION GRANTOR By � % i G� Charlie A. Martinson, President Bycy�'�, , rLr,b- ) F— Dallas Rust, Secretary STATE OF IOWA,COUNTY OF STORY, ss: This instrument was acknowledged before me on NM*ft Wv , 2013, by Charlie A. Martinson and Dallas Rust,as President and Secretary,respectively,of Stonebrooke Homeowners Association. .fil Werger Notary Public in an Aor the State of Iowa a� --l-a Number 146M9 * ,f My C Eapins pow►