HomeMy WebLinkAboutA020 - Surface Water Flowage Easement for unobstructed flow signed January 6, 1999 - Recorded May 10, 1999 - Instrument No. 99-06110 INST.NO. 9 9 _ .0 61 .1O
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STORY COUNTY IOWA
FILE®FOR RECIORD al$
® MAY 10 1999 PM
SUSAN L.VANDE P,Rt1A9id�f S v
R'00RDING FEE$._
AUDITORS FEES
Prepared by: Joseph L. Marks, 8515 Douglas, Suite 9, Urbandale,
Iowa 50322 (515)276-7211
SURFACE WATER FLOWAGE EASEMENT
M. Joan McDonald, single, and Larry W. Kerr, single, in
consideration of the sum of One Dollar ($1 . 00) and other valuable
consideration, receipt of which -is hereby acknowledged, does
hereby grant -and convey to the City of Ames, Iowa, a municipal
corporation, its successors and assigns, a perpetual easement and
right-of-way under, over, through, across and within the
following described real. estate:
The North 20 feet of Lot 6 in Amethyst Place
Subdivision, City of Ames, Story County, Iowa,
(hereinafter called "Easement Area" ) , for the purpose of the City
constructing, reconstructing, repairing, enlarging, inspecting
and maintaining the surface of said Easement Area in a manner
that will permit the free and unobs_tr_ucted fl.owj over the Easement
Area.
This Easement shall be subject to the following terms and
conditions :
1 . ERECTION AND PLACEMENT OF STRUCTURES, OBSTRUCTIONS, PLANTINGS
OR MATERIALS ._PROHIBITED. Grantor shall not erect any fence or
other structure under, over, on, through, across or within the
Easement Area without obtaining the prior written approval of the
City of Ames, nor shall Grantor cause or permit any obstruction,
planting, or material to be placed under, over, on, through,
across or within the Easement Area without obtaining the prior .
written consent of the City of Ames .
2 . CHANGE OF GRADE PROHIBITED. Grantor shall not change the
grade, elevation or contour of any part of the Easement Area
without obtaining the prior written consent of the City of Ames .
3 . RIGHT OF ACCESS. The City, its permittees and licensees, the
owners of property abutting said Easement Area, the residents of
the City and the general public shall have the right of access to
the Easement Area and have all rights of ingress and egress
reasonably necessary for the use and enjoyment of- the Easement
Area as herein described. The City shall have the right to
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remove any unauthorized obstructions or structures placed or
erected under, over, on, through, across or within the Easement
Area.
4 . LIABILITY. The City shall not be liable for any injuries or
damages to any person or property resulting from the use,
occupancy, possession or exercise of its rights herein granted or
from the use, occupancy, possession or exercise of the rights
herein granted to its permittees and licensees, the owners of the
property abutting said Easement Area, the residents of the City
or the general public, or arising in any manner from the
existence of this Easement; and Grantor shall hold the City
harmless and indemnify the City from any claim of damages or
injury to any person or property resulting from the use,
occupancy, possession or exercise of the rights herein granted or
arising in any manner from the existence of the .Easement, except
as may be caused by the negligent . acts or omissions of the City,
its employees, agents or representatives .
5 . MAINTENANCE . The City shall not be responsible for any
construction, reconstruction, replacement, repair or maintenance
of any improvements located within the Easement Area or
maintenance of the land located within the Easement Area
whatsoever, and that responsibility shall remain with the
Grantor.
6. EASEMENT BENEFIT. This Easement shall be for the benefit of
the City, its permittees and licensees, the owners of the
property abutting said Easement Area, the residents of the City,
and the general public.
7 . -EASEMENT RUNS WITH LAND. This Easement shall be deemed to
run with the land and shall be binding on Grantor and on
Grantor' s successors and assigns .
8. APPROVAL BY CITY COUNCIL. This Easement shall not be binding
until it has received the final approval and acceptance by the
Ames City Council by Resolution which approval and acceptance
shall be noted on this Easement by the City Clerk.
Grantors do HEREBY COVENANT with the City that (i) Grantors hold
said real estate described in this Easement by title in fee
simple; (ii) that Grantors have good and lawful authority to
convey the same; and (iii) said Grantors covenant to WARRANT AND
DEFEND the said premises against the lawful claims of all persons
whomsoever.
Each of the undersigneds hereby relinquishes all rights of dower,
homestead and distributive share, if any, in and to the interests
conveyed by this Easement.
99- 061 10 (a)
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Words and phrases -herein including acknowledgement hereof shall
be constructed as in the singular or plural number, and as
masculine or feminine gender, according to the context.
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M J n 1
Larry W. Kerr
STATE OF IOWA )
)SS:
COUNTY OF IX- )
On this_ b'4'- day of ./�uo--Y 1999, before me, the
. . undersigned, a Notary Public, . .in and for the State of Iowa,
personally appeared M. Joan McDonald and Larry W. Kerr, to me
known to be the. identical persons named in and who executed �he"/ ,_
foregoing -instrument and acknowledged that they executed the` samea ;
as their voluntary act and deed. s2j .
No ry Public -- State�iaf Irowat ;-1� �`,;._
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