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HomeMy WebLinkAbout~Master - Storm Water Easement I Instrument:2015- 00004544 11 Date:llay 28►2015 08:37:44A D Rec Fee: 10.00 E-Com Fee: G Aud Fee: .00 Trans Tax: ,fjri R Rec Manasement Fee: 1,00 Non-Standard Pose Fee: .00 Filed for record in Story Countyr Iowa Stacie L. Nerrid9e► County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Mark O.Lambert,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 GRANT OF STORM WATER EASEMENT 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 Grantors,John E. Larson and Julie K. Larson, do 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: Lot 18 of Patio Homes West, V Addition (locally known as 1515 Indiana Avenue, Ames, Iowa), as described below: 1. Within the west 10' of west 50' of Lot 18 of Patio Homes West, I't Addition: No structures, including but not limited to buildings,additions,sheds,fences,planters,etc.,that restrict the flow of storm water will be allowed within this area; AND, 2.. Within the east 40' of west 50' of Lot 18 of Patio Homes West, I"Addition: Building additions or structures may be constructed so long as the building or structure has a protection elevation of 1003.74' (3' above the 100-year design storm event). The Grantee, 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 #1 described above and all appurtenances thereto, together with the right to use and operate said area as 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#1 described above, and the right to enforce through appropriate legal action any of the obligations assumed by the Grantors or under this easement grant. • i 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 shall be binding upon the heirs, successors and assigns of the Grantors. SIGNED this 7 day of C 32015. GRANTORS By 1-- John 0- arson By J 1' K. Larson STATE OF IOWA, COUNTY OF STORY, ss: This instrument was acknowledged before me on IT ,2015,by John E. Larson and Julie K. Larson. MELIMA CAMPBELL '"`�4� COMMSSION NO.769 0 Notary Public in and for the State o Iowa • • W cod ES pow'