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Home My WebLink About~Master - Storm Sewer Easement Z Instrument:2014- 00007947 M Date:Sep 05►2014 09:56:02A D Rec Fee: 20.00 E-Com Fee: 1.00 t; AAud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Susan L. Vande Kamp► County Recorder RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 Prepared by:JCG Land Services,Inc. 1715 South G Ave., Nevada, IA 50201 (515)382-1698 For:City of Ames, Iowa Exempt from Real Estate Transfer Tax under Iowa Code 428A.2(17). Exempt from requiring a Declaration of Value under Iowa Code 428A.1. STORM SEWER EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That we, the undersigned, LeRoy D. Sturges and Sue A. Sturges, husband and wife ("Grantor(s)"), in consideration of _Five Hundred Thirty-one Dollars and 25/100 --- ($ 531 .25 ) --- Dollars, does hereby convey unto the City of Ames, Iowa, a municipal corporation (hereinafter called "City") a Permanent Easement for Storm Sewer purposes under, over, on, through, across and within the following described real estate, to wit: A part of Parcel "A" as shown on the plat of survey recorded in book 13, page 249 also indexed as instrument number 96-05211 in the Northeast Quarter (NE '/4) of the Southeast Quarter (SE '/4) of Section 21, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa as shown on the exhibit plat attached hereto and by reference made a part hereof, and being more particularly described as follows: Commencing at the Northeast corner of Outlot "X", Rose Prairie, an official plat; thence North 00°03'56" East along the proposed West right of way of Grant Avenue, 273.57 feet to the point of beginning; thence North 89°56'04" West, 53.00 feet; thence North OOEast, 70.00 feet; thence South 89°56'04" East, 53.00 feet to said proposed West right of way; thence South 00003'56" West along said proposed West right of way, 70.00 feet to the point of beginning and containing 0.09 acres or 3,710 square feet, more or less. That said Permanent Easement is granted unto the City of Ames, Iowa, for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining a storm sewer together with all necessary structures and appurtenances thereto, under, over, on, through, across and within said Easement Area. This Easement shall be subject to the following terms and conditions: - 1 - 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED. Grantor and its grantees, assigns and transferees shall not erect any fence or other structure 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. Notwithstanding anything in this paragraph 1 to the contrary, the Owners of the Easement Area shall have the right to construct sidewalks, private roads, driveways, roadways, or streets, as defined in Iowa Code Chapter 321, on the Easement Area subject to prior written approval of the City Building Department, provided such sidewalks, private roads, driveways, roadways, or streets comply with all ordinances of the City. 2. CHANGE OF GRADE. Grantor and its grantees, assigns and transferees shall have the right to change the grade, elevation or contour of any part of the easement area, subject to grantor and its grantees, assigns and transfers agreeing to maintain a minimum of Five and one half (5 '/2) feet of fill dirt over the storm sewer pipe. City shall have the right to restore any changes in grade, elevation or contour made to the easement area that compromises the storm sewer pipe. 3. RIGHT OF ACCESS. 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 from property adjacent thereto as herein described, including but not limited to the right to remove without liability to Grantor, any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area. The City's right of access shall include the right to use Grantor's property as reasonably necessary to access the sewer easements on neighboring property. 4. MAINTENANCE. The City shall not be responsible for any maintenance of the land located within the Easement Area whatsoever and that responsibility shall remain with the Grantor; provided, however, the City may perform such maintenance should it determine in its sole discretion such maintenance is needed. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its successors and assigns, and its permittees and licensees. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed perpetual and to run with the land and shall be binding on Grantor and on Grantor's successors and assigns. 7. PROPERTY TO BE RESTORED. Upon completion of any construction, reconstruction, repair, enlargement or maintenance of any storm sewer or any appurtenance thereto, the City shall restore the Easement Area and Temporary Easement Area in good and workmanlike manner. In agricultural areas, the land within - 2 - i the easement area will be tilled and returned to a condition suitable for continued farming; and in urban areas, restoration of lawns by seeding to a condition comparable to its condition before construction. The Grantor will be responsible for watering of new grass, if necessary, after seeding is complete. 8. RIGHT TO RENEGOTIATE. The Grantor will have five years from the date of settlement or condemnation to renegotiate construction or maintenance damages not apparent at the time of such settlement under Iowa Code Section 6B.52. 9. SETTLEMENT AND SATISFACTION. Contingent upon the execution of this Easement by the parties and receipt by the Grantor of the above-mentioned consideration, Grantor shall consent to the easement and accept said consideration in full and complete satisfaction of any and all obligations of the Grantor arising out of this easement and any resultant damage to the Grantor. The parties further specifically contemplate the release of any and all claims, including, but not limited to, those arising under Iowa Code Chapter 613 as amended. Notwithstanding the foregoing, City shall not be released from its obligations under this Easement. 10. INGRESS AND EGRESS AGREEMENT. The city agrees to maintain reasonable ingress and egress to Grantor's remaining property at all times during construction. Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whomsoever. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share, if any, in and to the interests conveyed by this Easement. 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. [Remainder of Page Intentionally Blank] - 3 - Signed this 3 day of , 2014. LEROY D. AND SUE A. STURGES By: By: Owner 4Z Owner a�44 (Title) Ow llzr (Title) 4943 Grant Avenue 4943 Grant Avenue (Street or P.O. Box) (Address) Ames, Iowa 50010 Ames, Iowa 50010 (City/State/Zip) (City/State/Zip) ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF IOWA ) X INDIVIDUAL (ss. CORPORATE COUNTY OF STORY ) Title(s)of Corporate Officer(s): On this v2 3day of ' Pr . i , A.D. 2014,before me, the undersigned, a Notary Public in and for said State, Corporate Seal is affixed personally appeared No Corporate Seal procured I—e— A She j PARTNERS(s): �� ,� `� _ Limited Partnership General Partnership ATTORNEY-IN-FACT to me personally known EXECUTOR(s)or TRUSTEE(s) GUARDIAN(s)or CONSERVATOR(s) or OTHER X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the SIGNER IS REPRESENTING: within instrument and acknowledged to me that he/she/they List name(s)of person(s)or entity(ies): executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the Self person(s), the entity upon behalf of which the person(s) acted,exe tee e instru nt. _ 0-70 -VL� � (Sign in Ink) Steven Scott Camp (Print/Type Name) Notary Public in and for the County of Story and State of Iowa SBEN SCOTT CAMP t Number 757667 MY qn.Fes - 4 -