HomeMy WebLinkAboutA035 - Resolution No. 97-145 adopted April 8, 1997 NST. NO. 2 `7— 03507
STORY COUNTY, IOWA
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Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
RESOLUTION NO. 97-145
RESOLUTION TO ABANDON A SEWER EASEMENT
OVER THE EAST 40 FEET OF LOT 3 COOPERS SECOND
SUBDIVISION,AMES,IOWA,RECORDED AT BOOK 313,
PAGE 142, STORY COUNTY.
WHEREAS, the City of Ames was granted an easement as hereinafter described for the
overland flow of water from South Fourth Street to the Stonehaven Apartment Complex
driveway; and,
WHEREAS, the landowner and grantor of said easement has redesigned the overland flow
channel and now requests permission of the City to construct a building that will occupy
a portion of the said easement area; and,
WHEREAS, it is foreseeable that damage could occur to said building due to the overland
flow of water; and
WHEREAS, to induce the City to grant permission for the said building the landowner has
tendered a replacement easement that contains a promise by the landowner to hold the
City of Ames harmless from liability with respect to the effect of surface water on the said
building and its contents.
BE IT RESOLVED b the City Council for the City of Ames Iowa
NOW,THEREFORE, y ty ty ,
that the sewer easement over the east 40 feet of Lot 3 Coopers Second Subdivision,
recorded at Book 313, Page 142 in the office of the Story County Recorder, is hereby
abandoned, and a new easement tendered as a replacement is hereby accepted on
condition that the landowner and grantor of the easement and the said grantor's successors
and assigns, shall hold the City of Ames,Iowa,harmless from any and all liability, claims,
damages or demands, including legal fees, resulting from or arising out of the effects of
surface water on said building, its contents and occupants.
Done this 8th day of April, 1997.
Sandra L. Ryan, City 1herk Larry R. urtis,°Maygr, a"
res/coopers.408
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