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Home My WebLink About~Master - Storm Sewer and Surface Water Flowage Easement - Satterwhite and Weiner, 447 Westwood Drive Instrument 0: 2019-03706 05/15/2019 10:07:54 AM Total Pages: 4 EASE EASEMENTS Recording Fee: $ 22.00 Stacie Herridge, Recorder, Story County Iowa III h'i N' MUi MX 6'�1,4,1.W11.M r+F,11 1I II DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: Victoria A.Feilmeyer,City of Ames Legal Department,515 Clark Avenue,Ames,IA 50010(Phone: 515-239-5146) (en) Return to: Ames City Clerk P.O.Box 811 Ames IA 50010 STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSON BY THESE PRESENTS that Michael C. Satterwhite and Carla A. Weiner, husband and wife, (hereinafter called "Grantors"), 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 (hereinafter called "Easement Area"), 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. This Easement shall be subject to the following terms and conditions: 1. ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS OR MATERIALS PROHIBITED. 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 Grantors 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. Grantors shall have the duty to mow the grass and perform routine maintenance of the grassed waterways. 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 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, obstruction, planting or 1 material placed or erected under, over, on, through, across or within the Easement Area. 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 their employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City. 6. EASEMENT RUNS WITH LAND. This Easement shall be deemed to run with the land and shall be binding on Grantors and on Grantors' heirs, successors and assigns. Grantors do hereby covenant with the City that(i)Grantors hold said real estate described in this Easement by title in fee simple; and (ii) Grantors have good and lawful authority to convey the premises against the claims of all persons whosoever. 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. Dated �Pp,/(X , 2019. FICHAEL C. SATTERWHITE CARLA A. WEINER STATE OF IOWA, STORY COUNTY, ss: This instrument was acknowledged before me on this Z6 day of 6)� , 2019, by Michael C. Satterwhite and Carla A. Weiner. MARK HOGER I _//40�� Commission#799704 Notary Public f. My Commission Expires 'O0. October 06,2019 2 J r- F t Exhibit `A' —Legal Description A 20' PERMANENT EASEMENT BEGINNING ON THE WEST RIGHT OF WAY OF WESTWOOD DRIVE, 10' BOTH SIDES OF A CENTERLINE DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL `F', PART OF LOT 5 & THE NW '/4 OF SECTION 5, TOWNSHIP 83 NORTH, RANGE 24 WEST ALL BEING IN THE CITY OF AMES, STORY COUNTY, IOWA, 5"' P.M., SLIDE 248 PAGE 1; THENCE 46.75 FEET SOUTHWESTERLY ON THE NORTH RIGHT OF WAY OF SAID WESTWOOD DRIVE TO THE POINT OF BEGINNING; THENCE N 19°23'49"W, ON THE CENTERLINE OF STORM SEWER, A DISTANCE OF 76.44 FEET; THENCE N 33°46'10" W, ON SAID CENTERLINE, A DISTANCE OF 150.57'; THENCE N 75°38'14" W, A DISTANCE OF 36.88 FEET TO THE END POINT. 3 ,• v EXHIBIT 'A' PERMANENT STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 0 CITY OF AMES, IOWA ENGINEERING DIVISION N DATE: April 23,2019 OWNER: MICHAEL C SATTERWHITE&CARLA A WEINER 447 WESTWOOD DR AMES,IA 50010 r—::� j NO SCALE .� 110 QP�G N 75°38'14"W C• ,0 36.88' 3617 00 T``. ♦ 110 463 N 33'46'10"W ♦ •♦ 150.57' ♦447 REAR .'♦ 455 ♦ N 19'23'49"W �• 3618 ♦ 76.44' OO 10 O 447 •x ___ G _ R 460 Q�POINT OF BEGINNING i// O�� 46.75' BASIS OF BEARINGS N 7'59'34"E(ASSUMED) 77.06' All(o \1O PERMANENT STORM SEWER EASEMENT FROM;MICHAEL C SATTERWHITE&CARLA A WEINER A 20'PERMANENT EASEMENT BEGINNING ON THE WEST RIGHT OF WAY OF WESTWOOD DRIVE,10'BOTH SIDES OF A CENTERLINE DESCRIBED AS FOLLOWS:COMMENCING AT THE MOST EASTERLY CORNER OF PARCEL'F',PART OF LOT 5&THE NW%OF SECTION 5, TOWNSHIP 83 NORTH,RANGE 24 WEST ALL BEING IN THE CITY OF AMES,STORY COUNTY,IOWA,5T"P.M.,SLIDE 248 PAGE 1; THENCE 46.75 FEET SOUTHWESTERLY ON THE NORTH RIGHT OF WAY OF SAID WESTWOOD DRIVE TO THE POINT OF BEGINNING; THENCE N 19°23'49"W,ON THE CENTERLINE OF STORM SEWER,A DISTANCE OF 76.44 FEET;THENCE N 33"46'10"W,ON SAID CENTERLINE,A DISTANCE OF 150.57'; THENCE N 75"38'14"W,A DISTANCE OF 36.88 FEET TO THE END POINT. 00,05400-025&Og055 400-040