HomeMy WebLinkAbout~Master - Permanent Drainage, Surface Water Flowage and Conservation Easement from Vicky Thorland-Oster Instrument 0: 2024-02069
04105/2.024 09!46: 19 AM Total Pages. 4
EASE EASEMENTS
Recording Fee 22.00
Stacie He ridge,
ecorder, Story County Iowa
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Mark 0.Lambert,City Attorney,515 Clark Avenue,Ames,IA 50010;Ph.:515-239-5146
Legal Description: See page 3.
Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010
PERMANENT DRAINAGE,SURFACE WATER FLOWAGE
&CONSERVATION EASEMENT
KNOW ALL PERSONS: The undersigned, Vicky Thorlaad-Oster, an unmarried person, (hereinafter
referred to as the"Grantor"or "Grantors"), for valuable consideration the sufficiency of which is acknowledged
and accepted,does hereby grant unto the CaXsLAnlujuna,an Iowa municipal corporation,(hereinafter referred
to as the "City"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter
described as the Easement Area to construct, reconstruct, cover over, clean up, operate, use, maintain, and repair
the systems described 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.This
easement was initiated by the loway Creek at Brookside Stream Restoration Capital Improvements Project. The
Easement Area is located on a parcel of land situated in Story County, Iowa, described as follows:
` For use as a permanent drainage, surface water flowage and conservation easement: The real
property shown on Schedule "A" attached hereto and by this reference made a part
hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by the City,
including City's agents,employees and contractors,subject to the following terms and conditions:
1. DEVELOPMENT. Grantor grants to the City the right to develop and use said land as a surface water
drainage and conservation area. All development and construction within the Easement Area deemed
necessary by the City for surface water drainage and conservation purposes shall be determined in the
City's sole discretion and completed by employees or contractors of the City in accordance with a schedule
set solely by the City,without further notice to Grantor. The rights granted to the City by Grantor include
the right to excavate waterways as needed to restore or enhance the functional capacity or structural
integrity of those waterways.
2. OBSTRUCTIONS PROHIBITED. The Grantor,as the fee simple owner of the underlying real estate,and the
Grantors' successors and assigns, shall conform to the City of Ames Chapter 9 Floodplain
Zoning Regulations. The City shall have the right to remove any unauthorized fences,structures,
obstructions or other improvements or materials placed or erected over, under, on, through or across
or otherwise within the Easement Area, if the City determines that removal is reasonably necessary
for maintenance of the Easement Area. Grantor shall not change grade,elevation or contour of any part
of the Easement Area without obtaining the prior written consent of the City.
3. RESTORATION. 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 stabilized by the City as set
forth in the City's loway Creek project design.
4. RESPONSIBLE PARTIES. Except as may be caused by the negligent acts or omissions of the City, its
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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. 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.
5. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the City are
nonexclusive.This instrument shall not preclude the Grantor from granting similar easement rights to
third parties upon terms and conditions that do. not impair or diminish the rights granted under
this instrument to the City.
6. TITLE WARRANTY.The Grantor warrants to the City that the Grantor holds the Easement Area by title in
fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided
for.
7. SUCCESSORS AND ASSIGNS.The easement rights granted herein shall be binding upon the heirs,successors
and assigns of the Grantor.
8. 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
zi 9023.'202'4.
VICKYT ORLAND-OSIER
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STATE OF IOWA,COUNTY OF STORY,SS.: ,�
This instrument was acknowledged before me on��r5\ 2. ,^9^z3, by Vicky Thorland-Oster,an
unmarried person. '
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CARLY M.WATSON V\ h p 11
Commission Number 629444
My Commission Expires NOTA Y UBLIC
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01-i -Z'1
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SCHEDULE 'A'—Easement Area
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A part of Lot 89 in Ridgewood Addition to the City of Ames, Iowa,described as a triangular area
bounded by the West property corner and two points,the first being 150 Feet from the West property
corner along the Northeasterly Lot line and the second point being 140 Feet from the West property
corner along the southeasterly lot line.
(Sec graphical representation ,;imichedl.
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