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Home My WebLink About~Master - Storm Sewer Easement - Paull Smiley-Oyen and Ann Smiley-Oyen Instrument p: 2020-08994 '+ 08/10/2020 09:21:27 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, Recorder, Story County Iowa ■III Pei VIA111 F %'k 11H,11ifiUH1011I II1 S P A C E ABOVE RESERVE D F O R O F F I C I A L U S E Return document to:City Clerk,515 Clark Avenue,Ames IA 50010 Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 Clark Ave,Ames,IA 50010—515-239-5146 Storm Sewer Easement Know All Persons: The undersigned, Paul R. Smiles-Oven and Ann L. Smiley-Oven, husband and wife, (hereinafter referred to as the"Grantors"),their successors and assigns, for valu- able consideration the sufficiency of which is acknowledged and accepted, does hereby grant unto the City of Ames, Iowa, an Iowa municipal corporation, hereinafter referred to as the"Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter de- scribed as the Easement Area for the uses set forth hereinafter over, upon, across and under the Easement Area together with a perpetual right of ingress and egress between said Easement Area from adjacent public rights-of-way. The Easement Area(s) are a strip of land situated in Story Coun- ty, Iowa, shown on the attached Plat of Easement,and described as follows: For the use of a 9torni sewer system: The real properly shown on Schedule"A" attached hereto and by this ref- erence made a part hereof. ' Grantee shall have the right within the Easement Area to construct, reconstruct, cover over, `W "'clean ii operate," `maintain; and repair the systems described. The foregoing rights are ranted P P � P Y g g g g by the Grantor and shall be accepted and exercised by the Grantee, if at all, subject to the following terms and conditions: i Obstructions Prohibited. The Grantors, as the fee simple owners of the underlying real es- tate, and the Grantors' successors and assigns, shall not erect or place within the Easement Ar- ea any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. The Grantee shall have the right to prevent damage to a permitted improvement of the Grantee located in the Easement area. 2 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantors from granting similar ease- ment rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this instrument to the Grantee. 3 Title Warranty. The Grantor warrants to the Grantee that the Grantors hold the Easement Area by title in fee simple;that the Grantors have good and lawful authority to grant the ease- ment rights herein provided for; and that the Easement Area is free and clear of all liens and encumbrances. 4 Successors and Assigns. The easements rights granted under this instrument shall be bind- ing upon successors or assigns, or both, of the Grantors and the Grantee. r Easement page 1 2 5 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. In Witness Whereof the undersigned has executed this instrument on T PAUL R. SMI EY-OYEN ANN L. SMILEY-OPEN STATE OF IOWA, COUNTY OF STORY,SS.: This instrument was acknowledged before me on oaojo� 3 2o19, by Paul R. Smiley-Oyen and Ann L. Smiley-Oyen,husband and wife. NOTARY PUBLIC P+n� ALLISON WHITVEP. =7 Commission Number 749839 r,C ,• Com iss.on Expires AMY MELOHN Notarial Seal -Iowa Commission#t 749560 My Commission Expires 7.3•Z( EXHIBIT 'A' 0 0 R��NR �ISI�N R� �NR BISI�N S�g�R-� R SUg�R-� 6 0 oy 15.001 0 20 3705 3713 0 ......... .......... ..... 7----:7---.77� .......... . .. . ......... FLETCHER BLVD STORM SFWFR FASFMFNT LEGAL DESCRIPTION THE SOUTH 15 FEET OF LOT 6, STONE BROOKE SUBDIVISION, CITY OF AMES, STORY COUNTY, IOWA