HomeMy WebLinkAbout~Master - Permanent Drainage Easement f
,,� Instrument:2tilt- Cite:jt,4614
n Bate:ftj 31Y2016 10:55:36A
D Rey_ Fee: 15.00 E-Gom Fee: 1.00
Aud Fee: .00 Trans Tax .00
Ret_ management Fee: 1.CIA
lion-Standard Fo.ge Fee: .00
Filed for record in Storj t_ountgr Iowa
C;rlgcie i_.. Herr•idge► C:ountj 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 Ave.,Ames,IA 50010;515-239-5146
Return to: Ames City Clerk,P.O.Box 811,Ames,IA 50010
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 Trust 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"Easement Area" for
the purpose of the 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:
Commencing at the Northeast corner of the Northeast Quarter of the Southeast
Quarter of Section 29, Township 84 North, Range 24 West of the 5th P.M., then
south 30 feet to the point of beginning, then north 30 feet, then west 875 feet,then
south 75 feet, then easterly 876 feet (more or less)to the point of beginning.
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
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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.
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, obstructions 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. i
IN WITNESS WHEREOF, we have hereunto affirmed our hands this 1� day of
2016.
HERBERT AND KATHERINE FROMM
REVOCABLE TRUST DATED FEBRUARY 26, 1997
By
erbert Fromm, Trus ee
By
thekne Fromm, Truste
�/
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STATE OF IOWA, COUNTY OF STORY ss:
On this day of YY\G, k , 2016, before me, the undersigned, a
Notary Public in and for said state, t e foregoing affidavit was sworn to or affirmed and
subscribed by Herbert Fromm and Katherine Fromm, as Trustees of the Herbert and Katherine
Fromm Revocable Trust Dated February 26, 1997.
C�J
Notary Publ c 'n and for the State of Iowa
�W"�#, MARYANNA HOLLAND
���• : COMMISSION NO. 748782
41 MY COMMISSION EXPIRES
�OWA
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