HomeMy WebLinkAbout~Master - Easement Agreement Arbor on the Green Pond Maintenance S
`/� instrument:2015- 00011459
VVV hl Gate:Nov '25,2015 12:26:34F'
D Rec Fee: 2{ .00 t-I.om Fee:
G Aud rep: ,111) Trans Tax: snJ
Re}_ Management Fee: 1.00
Non-Standard F'a3e Fee: .A0
Filed for record in Storj Countvf Iowa
Stacie L. Herridger Count,:! Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Jessica D.Spoden,City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146
Return recorded document to: Ames City Clerk,City of Ames,515 Clark Avenue,Ames,1A 50010
EASEMENT AGREEMENT
ARBOR ON THE GREEN POND MAINTENANCE
THIS EASEMENT AGREEMENT (hereinafter"Agreement") is made as of day of
2015 between ARBOR ON THE GREEN HOMEOWNERS ASSOCIATION,
INC., their successors and assigns, (hereinafter"Grantor") and the City of Ames, a municipal
corporation(hereinafter"Grantee").
A. Grantor, as part of a homeowners association, is the owner in common of certain
real property locally known as Arbor on the Green Pond(hereinafter"Property"),
and more particularly described as:
Arbor on the Green Pond, contained within Outlot A, Arbor on the Green Pond
Subdivision, Ames, Story County, Iowa
as shown on Exhibit A attached hereto and incorporated herein-
B. Grantor desires to grant certain easement rights to and upon the Property in
connection with the transfer of certain long-term maintenance responsibilities.
NOW, THEREFORE, for valuable consideration,the receipt and sufficiency of which is
hereby acknowledged, Grantor and Grantee agree as follows:
1. Circumstance&Purpose. Grantor owns the Property in common as part of a
homeowners association; however,the Property has historically been utilized as a
public space benefitting all citizens. Grantor desires to transfer the long-term
maintenance responsibilities related to the Property to the Grantee.
a:
2. Grant. Subject to the restrictions set forth in this Agreement, Grantor hereby
grants to Grantee a nonexclusive perpetual easement over, under, along, across
and through a portion of the Property legally described as
Outlot A, Arbor on the Green Pond Subdivision, Ames, Story County, Iowa
as shown on Exhibit A attached hereto and incorporated herein(the "Easement
Area").
3. Maintenance of Easement Area. Grantee shall be responsible for all required long-
term maintenance of the Easement Area including, but not limited to, the dredging
or deepening of the pond as necessary. Grantor shall be responsible for short-term
care including, but not limited to, mowing and general maintenance of the area and
amenities. Both Grantee and Grantor agree that they shall comply with all rules,
laws, ordinances and requirements regarding its maintenance and use of the
Easement Area and shall obtain any and all required permits and licenses at their
sole cost and expense.
4. Indemnification. Grantee shall assume liability for all damage to the real estate
described herein to the extent that such damage is caused by failure of the Grantee
to use due care in the exercise of the rights granted by this easement. It is agreed
that Grantee shall repair and/or replace all grass, trees, shrubs, and landscaping
damaged while exercising rights under this easement. It is further understood that
Grantor shall be responsible for mowing, care of trees and shrubs, as well as
seeding when not required as a result of Grantee exercising rights under this
Agreement.
5. Grantor's Use of Easement Area. Grantor may not erect on the Easement Area any
building or other improvement that would interfere with the Grantee's easement
rights hereunder without the prior written consent of Grantee. Grantor reserves
the right to conduct activities on the premises which do not interfere with the
rights under this Agreement.
6. Aerator. Upon the recording of this Agreement, Grantor shall deliver the aerator
used for the Property to Grantee. Upon delivery, Grantee shall become the owner
and be responsible for future installation and removal. The electrical box serving
the aerator has recently been rebuilt and also becomes the property of Grantee.
DATED this day of ��� 2015.
ARBOR ON THE GREEN HOMEOWNERS CITY OF AMES, IOWA
ASSO ON, INC.
By
By H. CampbelL Mayor
Patrick W.Brooks,President ( �
ray ` � Attes�� . t1
Ani Nimtz,Secretary Diane R. Voss, City Clerk
STATE OF IOWA,COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF STORY,ss:
'his instrument was acknowledged before me on On this o2� day of .v�/
tO, / 2015,by Patrick W. Brooks and Anita ,2015,before
Nimtz,as President and Secretary,respectively,ofArbor on me,a Notary Public in and for the State of Iowa,personally
the Green omeowners Association,Inc. appeared Ann H. Campbell and Diane R. Voss, to me
personally known and who,by me duly sworn,did say that
they are the Mayor and City Clerk,respectively,of the City
Notary Public in and for the State of Iowa of Ames, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation;and that
the instrument was signed and sealed on behalf of the
corporation,by authority of its City Council,as contained in
AT A 1ACKSON Resolution No!s-bffl adopted by the City Council on the
. " Commission Number 774967 �`� day of
P. My Commission�xpires Y rt Vi , 2015, and that Ann H.
o LL Campbell and Diane R.Voss acknowledged the execution of
the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation,by it voluntarily
executed.
_�'*L " • L
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No Public in r the to oEa f Iowa
ro�eaius Jill L. Ripperger
Commission Number 146549
* * My Commission Aires
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Easement for scale: 1 in = 100 ft
1 Arbor on the GreenPond Maintanence NORTH
Date: 10/12/2015