HomeMy WebLinkAboutA010 - Drainage Easement dated November 29, 1999 00 - 00 666
INST.NO.STORY STORY COUNTY IOWA
/„ FILED FOR f�ECORD
�M
JAN 2 0 2000
SUSAN L.VAN KA P Recorder
RECORDINQ FEE$ 112
AUDf i13R'8 FEE$ =�
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
DRAINAGE EASEMENT
This agreement is made effective thea�� day of o�J rn
h�r , 1999,
between Stage Coach Stables, L.C., their heirs, successors and assigns, Grantors, and the
City of Ames, Iowa, Grantee.
Grantors warrant that they are the owners in fee title of certain real estate
hereinafter called "The Easement Premises" abutting on the West boundary of Walter
Family Campus Subdivision, Ames, Story County, Iowa, hereinafter called "The
Subdivision" that is described on Exhibit A attached hereto and incorporated herein by
reference, hereinafter called The Easement Premises.
The Grantors and Grantee have determined that it is in their best interest for the
Grantor to grant and the Grantee to accept an easement in and over the Easement
Premises for purposes of drainage of surface water from The Subdivision.
Therefore, in consideration of the foregoing, the Grantor and Grantee mutually
agree as follows:
1. The Grantor hereby grants and conveys to the Grantee a perpetual
easement in and over the Easement Premises for purposes of drainage of surface water
from the Subdivision.
2. It is understood and agreed to by Grantor that the exercise and use of the
right of drainage by the Grantee shall cause erosion and other forms of damage and
destruction to the Easement Premises and Grantors agree that they shall not make any
claim or demand against Grantee for compensation by reason of this easement or for any
erosion, damage or destruction to the Easement Premises caused by or arising out of
Grantees' exercise of the drainage easement rights herein granted.
3. It is understood and agreed that the easement rights herein granted shall
not be deemed to permit the installation of a sewer or piping of any nature unless _
expressly authorized by written consent of Grantors.
4. Grantor shall have the right to use the Easement Premises in any manner
allowed by law that will not prevent or interfere with the exercise by the Grantee of the
drainage rights granted by this easement.
5. All rights, title and privileges herein granted, including all benefits and
burdens, shall run with the land herein described as the Easement Premises and shall be
binding upon and inure to the benefit of Grantors and Grantees, their respective heirs,
executors, administrators, successors, assigns and legal representatives.
IN WITNESS WHEREOF, this instrument has been executed by the parties
hereto effective
tive as of the date first above written.
GRANTORS GRANTEE
Stage Coach Stables, L.C. The City es, Iowa
By By:
M rvin J alter, Manager Ted Tedesco, Mayor
BY Attest by:.CA
Jan Walter, Manager Diane k :Voss`
STATE OF IOWA, STORY COUNTY ss:
On this_day ofagjiVoy t✓A 1999,before me,the undersigned, a Notary Public In
and for the State of Iowa,personally appeared Marvin J.Walter and Jan Walter,to me personally
known, who being by me duly sworn, did say that they are the Managers of Stage Coach Stables,
L.C., a limited liability company, executing the within and foregoing instrument;that no seal has
been procured by the said limited liability company;that said instrument was signed on behalf of
the limited liability company by authority of its members;and that Marvin J. Walter and Jan
Walter, as Managers, acknowledged the execution of the foregoing instrument to be the voluntary
act and deed of the limited liability company, by it and by them voluntarily executed.
o"�pc9r JAN KITCHEN
MY COMMISSION EXPIRES __
Our. I Z000 W"�-
Notary Publ c in and for Story County, Iowa
STATE OF IOWA, STORY COUNTY ss:
On this day of J01 ,2060,before me, a Notary Public in
and for the State of Iowa,personally appeare Ted Tedesco and Diane R. Voss,to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ames, Iowa;that the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as contained in Resolution No. 0 0 —00 rl
adopted by the City Council on the 1 h-�' day of Rn l,t.=^t j ,�{ , and that
Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
�l
Notary Public in and or Sto-4 CodoiyAiiwa,
.!LL 9iPP ERG ^
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DRAINAGE EASEMENT
A 50 feet wide tract of land located in the SW1/4 of the SE1/4 of Section 36, Township
84 North, Range 24 West of the 5t'P.M., Story County, Iowa and being 25 feet on either
side of the centerline described as follows:
Beginning at a point on the west line of Lot 6, Walter Family Campus Subdivision, an
Official Plat being in and forming a part of the City of Ames, Story County, Iowa, and
115.07 feet north of the southwest corner of said Lot 6;thence southwesterly along the
centerline of the existing drainage way until reaching the north right-of-way line of 13'�'
Street.
EXHIBIT "A"
3
00 - 00668 ( )