HomeMy WebLinkAbout~Master - Permanent Drainage and Surface Water Flowage Easement Instrument:201b- 00011593
Date:Nov 18,2016 05:38:56A
Rec Fee: 15.00 E-C-om Fee: 1.00
G Aud Fee: .00 Trans Toss= .00
Rey_ Management Fee: 1.00
{ion-Standard Pase Fee: .00
Filed for record in Story County► Iowa
Stacie L. Herridses 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,Ames,Iowa 50010(Phone:515-239-5146)
PERMANENT DRAINAGE AND
SURFACE WATER FLOWAGE EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS:
That Kathranne Joy Knight and Matthew Cullen Wife and Husband (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,reshaping the ground within the easement, 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 7 AND A PART OF THE SOUTH 45 FEET OF LOT 6 IN
RIVERSIDE ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA
DESCRIBED AS LYING WEST OF A LINE BEING 220 FEET WEST OF THE EAST
LINE OF SAID LOT 6 AND LOT 7.
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.
Pagel of 3
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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
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
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
situations, 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 permanent 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.
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
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.
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By � V By
k oL.4ra me
I gs�
(Print Name) (Print Name)
SELLER'S ALL-PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF IOWA ) _INDIVIDUAL
COUNTY OF STORY ) ss: j _CORPORATE
j Title(s)of Corporate Officer(s):
On this_ day of /1�aWih,bt1_ .A.D.20�,before j
me, the undersigned, a. Notary Publi in and for said State, j Corporate Seal is affixed
personally appeared H4rNaAnlNE NIGH7 aM j _ No Corporate Seal procured
&ff#EW CUVJPAI j _PARTNER(s):
_to me personally known j _Limited Partnership
or t proved to me on the basis of satisfactory evidence to j _General Partnership
be the person(s) whose name(s) is/are subscribed to the within —ATTORNEY-IN-FACT
instrument and acknowledged to me that he/she/they executed the j EXECUTOR(s)or TRUSTEE(s)
same in his/her/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 j _OTHER:
entity upon behalf of which the person(s) acted, executed the j
instrument. f SIGNER IS REPRESENTING:
j List name(s)of entity(ies) or person(s)
�.) (Sign in Ink)
Jill L. iP �' L- 'pp (Print Name)
�tgs x 4 49
mmission Number
,to * Co MY commission es
P otary Public in and for the State of Iowa
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Signed this day of 4l1kotAn ,A.D. 20ALL
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