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Home My WebLink About~Master - Storm Sewer and Surface Water Flowage Easement for 2821 Duff Avenue - Harl Trust i Instrument N: 2017-11648 11/17/2017 09:16:11 AM Total Pages: 5 EASE EASEMENTS Recording Fee: 1$ 27.00 Stacie Herridge, Recorder, Story County Iowa '� ��,� ��c� � mill In W1K�ti�+� milli SPACE ABOVE RESERVED FOR OFFICIAL USE (t^,,)-Return documeAt to:City Clerk,515 Clark Ave.,P.o.Box 811,Ames,IA 50010 Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSON BY THESE PRESENTS that Neil E. Harl and Darlene R. Harl, as trustees of the Neil E. Harl Trust dated December 3. 1999, owner of an undivided one-half interest, and Darlene R. Harl and Neil E. Harl, as trustees of the Darlene R. Harl Trust dated December 3, ' 1999, owner of an undivided one-half interest, (hereinafter called "Grantors"), in consideration of the sum of Twenty-five Dollars ($25.00) and other good and valuable consideration, hereby convey unto the City of Ames, Iowa, a municipal corporation (hereinafter called "City") a perpetual easement and right-of-way under, over, on, through, across and within the real estate described on Exhibit "A", attached hereto, and shown on the drawing attached as Exhibit`B"hereto, (hereinafter called "Easement Areal% for the purpose of the City constructing, reconstructing, repairing,-replacing, enlarging, inspecting and maintaining a surface water flowage area and storm sewer together with all necessary structures and appurtenances thereto, under, over, on, through, across, and within the Easement Area. Easement This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS"OR MATERIALS PROHIBITED. Grantors 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, planting 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 City shall have the right to excavate the waterways as needed to restore or enhance the functional capacity or structural integrity of those waterways. 2. CHANGE OF GRADE PROHIBITED. Grantors shall not change the grade, elevation or contour of any part of the Easement Area without obtaining the prior written consent ,of the City. 3. RIGHT OF ACCESS. The City shall have the right of access to the Easement Area which is defined as the area 30 feet in width and bordering the westerly boundary of the property referred to herein owned by the owners herein, or their successors and/or assigns, and 1 bordered on the south by Duff Avenue, Ames, Iowa, and the City shall have all rights of ingress and egress over the said easement area, which shall be comprised of the southerly boundary of the easement area and proceeding in a northerly direction for a width of 30 feet parallel to the westerly property line, .and ending with the property boundary across the northerly line of the easement area, all for the use and enjoyment of the easement area for the stated purpose and no other purpose of purposes as described herein. 4. LIABILITY. 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. Grantors agree to indemnify and hold 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 Grantors or its employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City of Ames. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on the heirs, successors and assigns of both Grantee and Grantor. Grantors do hereby covenant with the City that(i) Grantors hold said real estate described in this Easement by title in fee simple; (ii) the undersigned Grantors are the,presently existing trustees of each trust, respectively, and are authorized to convey an interest in said property without any limitation and qualification whatsoever; and (iii) each of the respective trusts are in existence and, as trustees, the undersigned are each authorized. to deliver any necessary instruments affecting said real property and to transfer and convey an interest in said property free and clear of any adverse claims. Words and phrases herein including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. [ SPACE BELOW RESERVED ] 2 i. Dated 2017. NEIL E. , as trustee of the Neil E. Harl DARLENE R. HARL, as trustee of the Neil Trust dated December 3, 1999 E. Harl Trust dated December 3, 1999 STATE OF IOWA, STORY COUNTY, ss: II This instrument was acknowledged before me on 6 ,2017,by Neil E. Harl and Darlene R.Harl,as trustees of the Neil E.Harl Trust d Mllla-a"e�' ecember 3, 1999. spa `s� STEPHANIE J JACOBSEN x Commission Number 790113 No ublic My Commission Expires owP May 22, 2018 DARLENE.R. HARL, as trustee of the 'NETT. HAIL, as trustee of the Darlene R. Darlene R. Harl Trust dated December 3, Harl Trust dated December 3, 1999 1999 STATE OF IOWA, STORY COUNTY, ss: ��f�./ /� This instrument was acknowledged before me on Cln,0f' )V 2017,by Darlene R.Harl and Neil E.Harl,as trustees of the Darlene R.Harl Trust dated December 3, 1999. l aaL STEPHANBE J JAC05SEN =4 � Commission Number 790113 o ry Public My Commission 8p 0 owP May 22, 3 Exhibit `A' —Legal Description The Westerly 30 feet of Lot 12,Northwood Estates Third Addition to Ames, Iowa 4 b ti. e EXHIBIT"B" N STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT DATE: 6/21/2017 OWNER: NEIL.E.HARL AND DARLENE R.HARL,TRUSTEES NEIL E.HARL TRUST AND DARLENE R.HARL TRUST 2821 DUFF AVE. SCALE AMES,IOWA 50010 0 ao 0 N O /y Cq V c LOT 13 �^ 0 V M LOT 12 Q� NORTHWOOD ESTATES FIRST ADDITION u?p. 290o LOT 12 NORTHWOOD ESTATES THIRD ADDITION 14 7 7� STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT FROM:NEIL E.HARL TRUST AND DARLENE R.HARL TRUST THE WESTERLY 30 FEET OF LOT 12,NORTHWOOD ESTATES THIRD ADDITION TO AMES,IOWA. 5 '