HomeMy WebLinkAbout~Master - Storm Sewer Easement from 302 Sondrol, LLC d.b.a. Mechanical Comfort, Inc. at 302 and 212 Sondrol Avenue i
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Legal deserlpflort_See_page 3
document to_City Clerk 515 C1_a lkAvernwLAmes IA 50010
Doernnent ae medb Marko Lambed, Cityo£Ame ,Ames,IA50010-5 15-239.5146
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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 o
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'Basement 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:
t Obstructions. Grantor, as the fee simple owner of the underlying real estate, and Grantor's
successors and assigns,provides this written grant aFeasement to the Grantee to make of record
of and recogavlze 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,
z 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 worlcby 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.
q 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 ,: ._ ._..., zoz4.
30a SONDRO LLC
By_ -
' V SIGNATURE
JI.L�. �Z Z_ _
`1 PRINTED
TITLE OF A TI-IORIZED SIGNER
STATE OF IOWA, COUNTY OF IOWA, SS.:
This instrument was acknowledged before me on AP-oIA3 .............. z024, by
Q6 l'i h G, ,S16 8 ^_._ (insert name), as (/J n Cr (insert title), Of 302
Sondrol, LLC.
BRIT"TANY C9aFC OU
Iu Commission Number 7725n ��.. ... ... ........�,.......,�......
3"wt; s n giros NOTARY
M r Pi LIC
... .
Exhibit`A' - Description of Storm Sewer Easement Area
The South 5 feet of Lot i,Third Addition to Sondrol's Subdivision,Ames, Iowa;
-AND-
The North 5 feet of Lot 3, Second Addition to Sondrol's Subdivision,Ames, Iowa,
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