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Home My WebLink About~Master - Permanent Drainage and Surface Water Flowage Easement �v i Instrument:2016- 00011592 H 6atefty 1892016 09:38:32A D Rec Fee: 15.00 F-Com Fee: MIA Aud Fee: M Trans Tax: Rec Ciana3ement Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story Countyv Iowa -- -- Stacie La Herrid9e9 County Recorder Return to: (env) Ames City Clerk Box 811 Ames IA 50010 DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Judy K.Parks,City Attorney,515 Clark,Amcs,Iowa 50010(Phone:515-239-5146) PERMANENT DRAINAGE, AND SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENTS: That Franklin 324 LC ,(hereinafter called"Grantor")its successors and assigns,for good and valuable consideration,receipt of which is hereby acknowledged,does hereby grant unto the CITY OF AMES,IOWA,a municipal corporation(hereinafter called"City"),its successors and assigns the perpetual right to enter upon the land hereinafter described for the purpose of the City constructing,reconstructing,repairing,replacing,enlarging, inspecting,and maintaining a surface water drainage area and the perpetual right of access upon,underground over or across the land.described as: A PART OF LOT 5 AND A PART OF TIE NORTH 10 FEET OF LOT 6 IN RIVERSIDE'ADDITION TO THE CITY OF AMES,STORY COUNTY,IOWA DESCRIBED AS LYING WEST OF A LINE BEING 215 FEET WEST OF THE EAST LINE OF SAID LOT 5 AND LOT 6. The easement shall be subject to the following terms and conditions: 1. Grantor grants to the City permission to develop and use said land as a surface water drainage area. All development and construction which the City deems necessary for surface water drainage shall be determined solely by the City and shall be done by employees of the City or City's contractors in accordance with a schedule set solely by the City,without giving notice to Grantor. 2. 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. 3. 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 materials placed or erected under,over,on,through, across, or within the Easement Area,without notice to Grantor. Page I of 3 4. The City shall assume liability for all damage to the real estate described herein to the extent that such damage is caused by failure of the City to use due care in the exercise of the rights granted by this easement. 5. The City shall repair and restore,at its expense, surfaces disturbed or damaged through i the operation of the surface water drainage area or by the City during the construction, reconstruction,repair, alteration,or maintenance of the Easement Area. Surfaces shall be restored to the condition existing prior to such disturbances or damage. The City shall i seed and stabilize all areas disturbed by the City. 6. Grantor shall have the right to plant trees,shrubs,or other landscape plantings within the Easement Area;however,upon reasonable notice to the Grantor, or in emergency sittiations,the City shall have the right to remove,without replacement or reimbursement, any trees,shrubs, or other landscape plantings installed in the Easement Area. 7. Grantor shall not cause or permit any above ground structure to be located within the Easement Area. 8. Grantor shall not erect any fence or other structure under,over,on,through, across,or within 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. 9. 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. r 10. The Grantor shall have the duty to mow the grass and perform routine maintenance. 11. 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 the Easement,or from the flowage or drainage of water into,over,through, across,within,or out of said Easement 1 Area. 12. Grantor agrees to indemnify and hold the City,its employees,agents and representatives harmless against 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. 13. The City shall have the right to enforce,through appropriate legal action,any of the obligations or restrictions assumed by the Grantor under this easement 14. This Easement shall be deemed to run with the land and shall be binding on Grantor and on Grantor's heirs,successors and assigns. Grantor does hereby covenant with the City that(i) Grantor holds said real estate described in this Easement by title in fee simple; (ii) Grantor has good and lawful authority to convey the premises against the claims of all persons whosoever. Words and phrases herein including the acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender,according to the context. Page 2 of 3 By �r�� —� Ry (Print Name) (Print Name) SELLER'S ALL-PURPOSE ACKNOWLEDGMENT jjf C4PACITY CLAIMED BY SIGNER: STATE OF IOWA ) i INDIVIDUAL COUNTY OF STORY )ss: j -CORPORATE Title(s)of Corporate Officer(s): On this day of Oe-M6eV— ,A.D.24-IL before j me, the undersigned, a Nota�Y� Public in and for said State, ( Corporate Seal is affixed personally appeared_ J1 J' ,t�J�✓fo a _,_ W No Corporate Seal procured PARTNER(s): _to me personally known J _Limited Partnership or proved to me on the basis of satisfactory evidence to `General Partnership be the person(s) whose name(s): J�'are subscribed to the within ( _•ATTORNEY-IN-FACT instrument and acknowledged to me that(o/she/they executed the _,EXECUTOR(s)or TRUSTEE(s) same in r s rer/their authorized capacity(ies), and that by ( GUARDIAN(s)or CONSERVATOR(s) his/her/their signature(s) on the instrument the person(s), or the _OTHER: entity upon behalf of which the person(s) acted, executed the instrument. j SIGNER IS REPRESENTING: List name(s)of entity(ies) or person(s) (NOTARY SEAL) _ (Sign in Ink) eke 3."`� GC (Print Name) Notary blic in and for the State of Iowa �+ c s MARY MN CARNOGX r Commission Number 181673 iv9y issop Expires Signed this G day of DCJVdeo-- ,A.D.20 �G Page 3 of 3