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Home My WebLink About~Master - Permanent Drainage, Surface Water Flowage, and Conservation Easement from Iver E. and Nancy B. Anderson Instrument 0: 2024-04905 07/15/2024 09:58:48 AM Total Pages: 4 EASE EASEMENTS Recording Fee: g 22.00 Stacie Herridge, Recorder, Story County Iowa IIIF1,11Nt411VolKIMIYi Uky*1 ®1II1 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 1Legal Description: See page 3. Return document to: City Clerk,City of Ames,515 Clark Avenue,Ames,IA 50010 lSit tV PERMANENT DRAINAGE,SURFACE WATER FLOWAGE &CONSERVATION EASEMENT KNow ALL PERSONS: The undersigned Iver E.Anderson and Nancy B.Anderson,as Trustees of the Iver and Nancy Anderson Revocable Trust dated February 26,2015,(hereinafter referred to as the"Grantor"and/or "Grantors"),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 Ioway 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. OBSPRUCTIONS 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. Grantors agree 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. 6. 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 Grantors hold the property in Trust, Grantors further warrant to the City that the Trust Declaration was duly executed and remains in effect;that the trustor was under no disability at the time the trust was created;that the Grantors know of no facts or legal claims that might impair the validity of the Trust Declaration or this easement conveyance;and that the undersigned Trustees are now the sole and duly authorized and acting trustees in office. 7. SUCCESSORS AND 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 or intent of any provisions of this instrument. IN WITNESS WHEREOF the undersigned has executed this instrument on 3 t)L'/ 2021.4 IVER AND NANCY ANDERSON REVOCABLE TRUST DATED FEBRUARY 26,2015 I J- IVER E.ANDERSON,Trustee NANCY B. NDERSON,Trustee STATE OF IOWA,COUNTY OF STORY,SS.: )/1 4 This instrument was acknowledged before me on J✓I`/ t o ,202/,by Iver E.Anderson and Nancy B.Anderson,as Trustees of the Iver and Nancy And son Revocable Trust dated February 26,2015. JERAMY NEEFU NO Y P LIC S Conmmssion Number 845946 My Commission 2 i SCHEDULE 'A'—Easement Area A part of Lot 90 in Ridgewood Addition to the City of Ames, Iowa, described as a triangular area bounded by the Northwest and Southwest property corners and a point 145 feet along the Southeasterly property line of said Lot. 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