HomeMy WebLinkAboutA025 - Easement for Surface Water Flowage or Drainage dated December 5, 2003 from Jensen Development Corporaiton t INST.NO.
04- 00059
RETURN TO: .9TOR7-0OUMY,IOWA
DAVID W BENSON FILED FOR RECORD ��� ✓/
1416 BUCKEYE AVE JAN 0 2 2004 PM
Ar>Es IowA 50010 SUSAN L VANDE KAMP,RoaarderS-- G
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDEIt
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
EASEMENT
FOR SURFACE WATER FLOWAGE OR DRAINAGE
KNOW ALL PERSONS BY THIS INSTRUMENT that the undersigned, JENSEN
DEVELOPMENT CORPORATION,LTD.,hereinafter referred to as the GRANTOR,for good and
valuable consideration,does hereby grant unto the City of Ames,Iowa,a municipal corporation,its
successors and assigns, hereinafter referred to as the GRANTEE, upon the conditions hereinafter
described, the perpetual right to enter upon the land hereinafter described (the Easement Area) to
construct, reconstruct, cover over, clean up, operate, use, maintain and repair the land and
Appurtenances for surface water flowage or drainage over,upon,across and under the land described
>`as:
That part of Parcel"A"of Lots 7,8,9 and 10,Sixth Addition,Dauntless Subdivision
to Ames,Story County,Iowa,as shown on the Plat of Survey filed in the office of the
Recorder of Story County, Iowa, on October 27, 2003 as Instrument Number 03-
22322,Slide 185,Page 2 described as"Commencing at the Northwest corner of said
Parcel A;thence S 17°55'00"W,290.52 feet along the west line of said Parcel A to the
Point of Beginning;thence continuing S57°07'31"E, 70 feet;thence S32°52'29"W,
15 feet; thence N57°07'31"W, 65.99 feet, thence N17°55'00"E, 15.53 feet to the
Point of Beginning, containing approximately .02 acres or 1019.94 square feet".
The foregoing rights are granted by the Grantor and shall be accepted and exercised by the
Grantee subject to the following terms and conditions:
I. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the
underlying real estate, and the Grantor's successors and assigns, shall not erect or place within the
Easement Area any building or other structure or improvement or any trees, shrubs or other
landscape plantings other than grass or comparable ground cover except with the prior written
consent of the Grantee. The Grantee shall have the right to trim or remove trees and shrubs within
the Easement Area to prevent interference with Grantees use of the Easement Area.
2. SEEDING. Immediately following construction,reconstruction or repair work by the
Grantee within the Easement Area, weather and season permitting, ground area with previously
existing grass cover that is disturbed by such work shall be planted with grass seed in accordance
with customary methods of soil preparation and planting by the Grantee.
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3. NONEXCLUSIVE EASEMENT. The easement rights granted under this
instrument to the Grantee are nonexclusive. This instrument shall not preclude the Grantor 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 Grantee.
4. 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; and that the Easement area is free and clear of all liens and
encumbrances except as may be described in the Mortgagee's Subordination attached hereto.
5. CONSTRUCTION. 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.
54,, IN WITNESS WHEREOF, the undersigned have executed this instrument on the
day of Qtcem6rr- , 2003.
JENSEN DEVELOPMENT
CORPORATION,LTD.
By:
lckson D. Jen , President
STATE OF IOWA,STORY COUNTY ss:
On this 5t" day of DCcM'�wr 2003,before me,a Notary Public in and for the State of Iowa,personally
appeared Dickson D. Jensen, to me personally known, who being by me duly sworn, did say that he is the President of said
corporation, that the seal affixed to said instrument is the seal of said corporation, or no seal has been procured by the said
corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors and
the said Dickson D.Jensen acknowledged the execution of said instrument to be the voluntary ac d deed of said corporation by it
voluntarily executed.
Notary Public in and for the State of Iowa
"7. J. CHARTER
Jensen Development-Easement- 112603 �; A y J; Carr;•,icsion Number 191916
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