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Home My WebLink About~Master - Easement and Waiver Declaration with FF & F of Ames for 2516 Lilncoln Way Return to: (env) Instrument 0: 2022-05936 City of Ames 06/17/2022 10:44 17 AM Total Pages 9 EASE EASEMENTS Box 811 Recor ding Fee $ 47.00 Stacie Her`r,iddge, Recorder , Story Country Iowanu !!II Ames IA 50010 Prepared by, recording requested by and reK to: Attorney Kevin J. Roop Hale, Skemp, Hanson, Skemp& Sleik 505 King Street, Suite 300 P.O. Box 1927 La Crosse, Wl 64602-1927 (608)784-3540 EASEMENT AND WAIVER DECLARATION This Easement and Waiver Declaration (herein "Declaration") is made by and between FF & F of Ames, LLC, a limited liability company (herein "Grantor" or "Party") for good and valuable consideration, in favor of The City of Ames, an Iowa municipality(herein "Grantee" "City" or"Party") (collectively herein "Parties"). RECITALS WHEREAS, Grantor owns of record the real estate legally described on Exhibit A attached hereto and incorporated herein by reference (herein "Property'); WHEREAS, the Property identified is further described and identified on the ALTA survey attached hereto as Exhibit B and incorporated herein by reference; WHEREAS, the Property is encumbered by an underground box culvert at the location identified on Exhibit B attached hereto (herein "Box Culvert"); WHEREAS, the location of the Box Culvert on the Property is legally described on Exhibit C attached hereto and incorporated herein by reference; WHEREAS,the Box Culvert was installed by Grantee and has been maintained by Grantee to control water runoff for the benefit of Grantee and surrounding property owners (herein "Purpose"); and 1 WHEREAS, Grantor desires to construct a building and other improvements above and around the Storm Sewer Easement in a manner that will not interfere with the Purpose. NOW,THEREFORE,in consideration of the foregoing,the covenants and promises contained herein and other good and valuable consideration, the Grantor declares as follows: 1. Grant of Easement. Grantor does hereby grant, convey and warrant to Grantee a non-exclusive ingress and egress easement over and upon the Property, for the purpose of servicing, cleaning, maintaining, repairing and replacing the Box Culvert in its current location, size and configuration. Grantor further grants to the City a non-exclusive easement for storm sewer purposes over, under and across the Storm Sewer Easement identified on Exhibit C. 2. Waiver. Grantor does hereby waive any and all claims for any damages which might or may be caused by the construction, reconstruction, perpetuation, repair, maintenance, replacement or overflow of said Box Culvert, and waives any and all claims for damages now or hereafter sustained from any flood water caused by the inability of said Box Culvert to receive and carry the same. Grantor shall not make any connection with said Box Culvert, except with the prior written consent of the City. 3. Duration. The easements and obligations created pursuant to this Declaration shall be perpetual in duration. 4. Covenant Running with the Land. The easements and obligations created pursuant to this Declaration shall be easements and covenants running with the land. 5. Additional Provisions. a. Recitals. The Recitals to this Declaration are incorporated into and made a part of this Declaration by reference. b. Binding Effects and Benefits. This Declaration shall be binding upon and shall be for the benefit of the Parties hereto and their respective heirs, successors, personal representatives, and assigns. C. Headings. Section and other headings contained in this Declaration are for reference purpose only and shall not affect the meaning or interpretation of this Declaration. 2 d. Invalidity. If a court determines any portion or portions of this Declaration to be invalid, such invalidity shall not affect the validity or enforceability of the remainder of this Declaration. e. Counterparts. This Declaration may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. f. Governing Law. This Declaration and any dispute arising from or related to this Declaration shall be governed by the law of the State of Iowa, without application of its conflicts of laws provisions. IN WITNESS WHEREOF, the Grantor has executed this Declaration on the dates written below. GRANTOR: FF & F OF AMES, LLC By:4kt;z Name: Marc R. Fortn Title: Managing Memb Date: June 9, 2022 STATE OF WISCONSIN ) ) ss. COUNTY OF LA CROSSE ) Personally came before me this 9th day of June, 2022, the above named Marc R. Fortney, to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same. I'4N J '. Kevin J. R op Notary Public, State of Wisconsin N pU1300 2 My commission is permanent. pFSG`�... THIS INSTRUMENT WAS DRAFTED BY Attorney Kevin J. Roop Hale, Skemp, Hanson, Skemp&Sleik 505 King, Suite 300 LaCrosse, WI 54601 3 Accepted on TwIle, 2022, by Resolution No. 22-3M adopted by the City Council of the City of Ames,Iowa. CITY OF AMES,IOWA � ti �M D x John A.Haila,Mayor q Nip Attest: ,��, �� Diane R.Voss,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on 2022,by John A. Haila and Diane R. Voss, as Mayor and City Clerk,respectively, of the City of Ames, Iowa. 4 �•� AMY L.COLWELL gL Commission Num 12 Mymmisslon L l CSC.owTvk--� NOTA PUBLIC 4 EXHIBIT A Property Parcel L of Lots 5, 6, 7, and 8, Block 4 in the Auditor's Replat of Block 3, 4, and 5, Beardshear's Addition and Walter's Subdivision, Ames, Story County, Iowa, as shown on the Plat of Survey recorded on March 13, 2017, at Inst. No. 17-02121, Slide 561, Page 4. EXHIBIT B ALTA Survey (ATTACHED) JE fie, ;inN!KVHDIM I rs i { 1 _ AM $ s Lum" AM anmamk - � sIN \ n Hill I EXHIBIT C Storm Sewer Easement Legal Description (ATTACHED) EASEMENT EXHIBIT LOCATION: PARCEL L OF LOTS 5-8,BLK 4,AUDITOR'S REPLAT OF BLOCKS 3,4&5,BEARDSHEAR'S ADD.&WALTER'S SUBD.,CITY OF AMES,STORY COUNTY,IOWA PROPRIETOR: F F&F OF AMES,LLC REQUESTED BY: DAN MILLER,BORTON CONSTRUCTION SURVEYOR: R.BRADLEY STUMBO,PLS#17161 FOX STRAND AMES,IA 50010 515-233-0000 � ODD 0. m0 iO aorn0 r O t�0 rZ � '' �rZ r Nm mm A rn p� N o N O_ Z cn r m oN 0, w o b 00 2p, a am FS fn a Ogg, w sz SAS Z N m '4'16q>' po,m m m�DaT w E34.61, wo Yk 0a A° JmrA A m A m X N m oal �` �No �p gi9e 00 U o Ef m z' cn 3 3 16'4�^ly 3 O m 6.44, -.n Z C r w S J w Y owwO m o� � m m 53 NC) A w o cn j J n o " O � V N r Z m c am D - � m m 7 m D \ o ��c pm a v a n, o m 3 m N 'ao`a< o m�rnm,-'mnccym cb vIn m334 ��A�w��aa�m J m m CL O 9 w�AN O_S0�pJ r �' 2' m ^O m S.M. mcn om gwmJ ° w3 MIicn� m aTw Cn CD �aa n--4o w::Er LOT O co p A. ' 3 NIAc owjmo5. w° - ID Lnw NMO O Z O OO l -Z A p 9 NCD C o ° up �SUi N^^J-_a,`E LOT4 a 00 _O O a m wAC)N 6ETcna m WmA N ° ° pn °O�oW�p�N Wes.. 7T.rm O cn o �— c ci>>i �r a A N w � m3 -CDCD CEp mao o m '+ m aom° N w.w JN Mom' N 0- `• O mCnNN�'3m°-� p.CM O T O- \\\\\\I111111I11/ll� M Cn=(Dm -p o Q w �° o cn S,d rnCD 6 NNE DA D Z � -0r m CD-0 ,m zz �� •. � rC'y ZL �� Go m o �m3 Miscellaneous Record, No. 56, Story County STATE Ol' IOIVA, STORY COUNTY: SS. On this 3rd day of March, 1934, before me A. T. Lerdall a Notary Public in MA � for Story County, Iowa, personally appeared George Palmer and Isabolla Palmer husband andl wife to me personally known to be the identical persons named in and who executed the foregoing Waiver, anti aclamowlodged that they executed the same as their voluntary act and doed. A. T. Lerdall, Notary Public ... ... _ .._.... ......w... ... ._..,... b837 lATVISI Clair E. Wilson and Neva Wilson et al Filed for. Record June 1, 1940 at 8:02 A. 14. To Recorder Sinn Kloster Recor-.ling Foe 60� City Of Anles t THIS WAIVER made: and arecuted this 5th day of March, 1934, botsoen Clair E. Ylilson and Neva LYilson, his wife; 11. Lindquist and Christine Lindquist, his wife; ,,.)Xt a:1 of the first part of Story County, Iowa, and the City of Amos, Story County, Iowa, party E of the second part, INITNE921ETI1, That, "lHER�:AS, the City of Amc:s, "Co:ra, is conteninlating the construction of a storm i senor through Block four (4) of Beardshear,ls Addition to Ames, Iowa, without cost to any of the proporty owners In the area served by said storm sower; and VEREAS, the parties of the first part are the, omiars of the following deseri.-.' real ostnte situated in the City of Amos, Story County, 1011a, to-wit: 71ze Nort-iz 50 foot of tiro South 70 foot of Lot 2, Block 4, Hoardshear✓Addition, 1 V, excopt the East'. 161.75 foot. whioh rea.L estate is situated in the area that will be served by said storm sower. r� NOYI, TREREFCRE, the said part'es of the first part, their heirs and assigns, J � for and 7.n consideration of the benefits to be dorivod from the construction and i' maintenance of said storm sewer, do liereby waive any a:id all claims felt any damages lkitr 't ,� i; might or may be caused by the reconstruction, perpotuatlon, repair lzalart¢ t3� or overflow of said storm sewer, and waive any and all claims for damages now or .aszn- sustainnd from any flnnd water cause-,fl by the Inability of said storm so,ver to receive car^^ `lno aamc.,. 3 rlyd said fist; parties hereby covenant with the said City of Ames, Iowa, that they aril not mnke ary coivtnrb'or. with sn..1dstorn: senor except with the pormissiOn of the Cit,,r h`sna(gor of tt;F City of Ntros, Iovra, curd in accordance with Such rules cold regulations t i i " as ho may prescribe. Clair E. 'Vilscn ' Neva Vinson 11. I•i.ndquist " Christine Iindquist 's STATE OF IOVIA, STORY COUNTY; ss. q s On this 51:1) day of 1.tarcY, 3034, before ine A. T. Lerdall a Notary Public in and \ l for Story Cow:ty, Iowa, porsonal-ly auhear«d Clair F. Wilson, Nova Wilson, Ii. Iindquist and Christine Lindquist to me personally knorm to be the ider-ti.cal persons named in and who executed the foregoing '11sivor, and acicrowledgod t ,at they executed the same as thoir � 2 voluntary set and doed. A. T. Ler.dall, Notary Public ( ' FV i