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HomeMy WebLinkAboutA003 - Storm Sewer Easement - Recorded June 12, 2024, Instrument No. 2024-03935 Instr. Number: 2024-03935 Recorded: 6/12/2024 at 2:55:58.0 PM County Recording Fee: $17.00 Iowa E-Filing Fee: $3.32 Combined Fee: $20.32 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa — SPACE ABOVE RESERVED FOR OFFICIAL USE _ dal descw don: See me 3. Return document to:CigYC 515 C1arkAyam Amer,IA50010 Document prepared by: Marc O.Lambert, City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146 Storm Sewer Easement Know All Persons: The undersigned, 3o2 SONDROL. LLC. an Iowa limited liability company, hereinafter referred to as the "Grantor"), its successors and assigns, for valuable consideration the sufficiency of which is hereby acknowledged, do hereby grant unto the City of Ames. Iowa, a municipal corporation, its successors and assigns (hereinafter referred to as the "Grantee"), upon the conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described 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 is a strip of land situated in Story County,Iowa,described as follows: For the use of a storm sewer and such other general utilities as may be distributed under franchise of the City of Ames: The real property described in Exhibit"A"attached hereto and by this reference made a part hereof(the"Easement Area"): Grantee shall have the right within the Easement Area to construct,reconstruct,cover over, clean up,operate, use,maintain,and repair the systems described.The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee, if at all,subject to the following terms and conditions: i Obstructions. Grantor, as the fee simple owner of the underlying real estate, and Grantor's successors and assigns,provides this written grant of easement to the Grantee to make of record of and recognize an existing storm sewer lying underground and within the easement area described herein. Grantor may construct a structure over the easement area, provided it shall be first approved by the City of Ames in accordance with municipal ordinances. In Grantee's sole discretion,Grantee shall have the right to prevent damage to Grantee's improvement within the Easement Area,which shall include the right to remove obstructions within the Easement Area,other than such approved structure. a Maintenance. In its sole discretion, Grantee will provide routine inspection and maintenance to determine the condition of its improvements within the Easement Area,including televising when necessary. 3 Liability. In exchange for Grantee allowing Grantor to construct a structure over Grantee's underground improvements, Grantee shall not be responsible to Grantor, its successors and assigns, for damage caused by storm sewer failure, blockages, overflow backflow, or from subsidence around the pipe causing cracking or movement of any structure. Grantor,successors and assigns, shall save, hold harmless, and indemnify Grantee from and against all loss and damage sustained by Grantor which arises from the construction of improvements within the Easement Area. 4 Relocation. In its sole and absolute discretion, Grantee may determine that it is necessary to relocate the storm sewer system from within the Easement Area to a suitable,alternate location. Grantee will confer with the property owner when making such determination. Grantor, its successors and assigns, shall be solely responsible for all costs related to the closure of the existing storm sewer,the installation of a new storm sewer,and all related costs of relocation of the storm sewer, including labor, materials, surveying, engineering, legal, and recording costs necessary for construction of the relocated storm sewer. 5 Restoration.Immediately following construction,reconstruction,or repair work by the Grantee within the Easement Area, weather and season permitting, Grantee shall return the Easement Area to its condition prior to said work,at Grantee's sole cost. Nothwithstanding the foregoing, Grantee shall have no responsibility whatsoever to repair, reconstruct, or otherwise restore the structure lying over and upon the Easement Area. 6 Nonexclusive Easement. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor 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. 7 Title Warranty.The Grantor warrants to the Grantee 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. 8 Successors. This Easement shall be binding upon successors and/or assigns of both the Grantor and Grantee. 9 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 r 2024. j3oz SONDRO LLC B ar IGNATURE 4Zrv\ tn j ff OAiORIZED PRINTED TITLE O SIGNER STATE OF IOWA,COUNTY OF IOWA,SS.: This instrument was acknowledged before me on (1* . 3 2024, by �n (insert name), as n C•' (insert title), of 302 Sondrol, LLC. F ^ ,%AL„n BRITTANY COWELL r Commtsefon Number 772557 VVI/i • owip _�YRII / �fres NOTARY PUtLIC Exhibit`A'-Description of Storm Sewer Easement Area The South 5 feet of Lot 1,Third Addition to Sondrol's Subdivision,Ames, Iowa; -AND- The North 5 feet of Lot 3,Second Addition to Sondrol's Subdivision,Ames, Iowa.