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Home My WebLink About~Master - Permanent Drainage, Surface Water Flowage, and Conservation Easement from Mary R. Montgomery Instrument 1�: 2024-02372 04/1a/2024 08:52:4g AM Total Pages' 4 EASE EASEMENTS Recording Fee: $ 22,00 Stacie Herridge, Recorder, Story County Iowa mill W& %KUM011+A willAr.Will 11111 I DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Mark O. Lambert.City Attorney.515 Clark Avenue,Ames,IA 50010:Ph.: 515-239-5146 V�Legal Description: See page 3. VOw 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, Mary R. Montgomery,an unmarried person,both individually and as Trustee of the George E. Montgomery II Trust established July 31, 2013, (hereinafter referred to as the "Grantor"and/or"Grantars'�,for valuable 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 "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 Grantors 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. Grantors grant 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 Grantors. The rights granted to the City by Grantors 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 Grantors,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. Grantors 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. 1 4. RESPONSIBLE PARTIES. 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 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 Grantors 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. G. TITLE WARRANTY.The Grantors warrant to the City that the Grantors hold the Easement Area by title in fee simple;that the Grantors have good and lawful authority to grant the easement rights herein provided for. To the extent that Grantor holds the property in Trust, Grantor further warrants to the City that the Trust Declaration was duly executed and remains in effect;that the truster was under no disability at the time the trust was created;that the Grantor knows of no facts or legal claims that might impair the validity of the Trust Declaration or this easement conveyance; and that the undersigned is now the sole and duly authorized and acting trustees in office. Dale Phillip Anderson, as the spouse of Mary R. Montgomery, signs this instrument solely for the purpose of relinquishing any rights of dower, homestead and/or distributive share in the Easement Area. i 7. SUCCESSORSANn ASSIGNS.The easement rights granted herein shall be binding upon the heirs,successors and assigns of the Grantors. 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 i or intent of any provisions of this instrument. IN WITNESS WHEREOF the undersigned has executed this instrument on_ 9�"µ`� 2024. [ SIGNATURES ON F01, 1, 0 W I N G P A G E ] j I i 2 MeRY individually and as Trustee of the George E. Montgomery II Trust established July 31,2013 i DALE PHILLIP ANDERSON, spouse of Mary R. Montgomery STATE OF FLORIDA,COUNTY OF SWAS074 SS.: This instrument was acknowledged before me on # ML 5 2024,by Mary R.Montgomery, individually as Trustee of the George E. Montgomery Il Trust established July 31,2013. MICHAELA.PEITRU2M Notary Public State of Florida OTARY PUBLIC Convoll HH485203 Eons 3/30/2028 STATE OF FLORIDA,COUNTY OF S XOATO i SS.: This instrument was acknowledged before me on R(,, 12024,by Dale Phillip Anderson. MICIIAELA.PETRUZZI Notaryof FloridaNOTARY PUBLIC State o Fl sPIV CommN HH485203 Expires 3/30/2028 SCHEDULE `A'—Easement Area A part of Lot 72 in Ridgewood Addition to the City of Ames,Iowa, described as an area lying West of a line that is 65 feet East of the West property line of said Lot. , [;ec graphical representation attached. 3 1 f0 it I � t I --- _ l Z --- :;�- LLJ Ld LLJ LLI i - r — 1 / 1 I \ ` W 1 I I I -- • ` ` J�l it Ir I _ - r t it it Fn it\tit / I I W F}- w-._"-- gym' / / I \ \ \ 1`.1O � `\ •1 fl� �_. it 1 -'--• _mot' -':�==/ == � _�__�==��____��l��C�=��%�/= ' '� = :/ �_�--- `tot'— fit nooz ^ - -:r�_T ------- I T--rl -W Y 11 W __ _____ ___ 6 _ -------------- - -- -_ L4V_�- 43 - - —---_�F==c_1-3 5 ? '_== L--may- ___>- _ - ---- - 1 Ge -- - vr _ Y _