HomeMy WebLinkAboutA011 - Permanent Overland Flowage Easement dated November 1, 1996 F-
✓' r When recorded return to:
Prepazed by Ieremy C Sharpe Bsl�n Faris Lamsoin Me�orm�ck,2UUb Financial Center,`Des Moines,IA SU309,5 i.5 243'IiOQ
PERMANENT OVERLAND FLOWAGE EASEMENT
KNOW ALL PERSONS BY THESE PRESENTS that Midland Homes, Inc., (hereinafter
called "Grantor"), for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, does hereby convey unto the City of Ames, Iowa, a municipal
corporation, (hereinafter called "City") a perpetual easement and right-of-way under, over, on,
through, across and within the following-described real estate:
See Exhibit A attached hereto.
(hereinafter called "Easement Area"),
for the purpose of the City grading, improving and maintaining the surface of said Easement
Area in a manner which will permit the free and unobstructed flow of water under, over, on,
through, across and within said 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 consent of the City 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.
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.
3. RIGHT OF ACCESS. City 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, including but not limited to the right to remove without liability to
Grantor, any unauthorized fences, structures, obstruction, planting, or material placed or
erected under, over, on,through, across or within the Easement Area.
4. MAINTENANCE. The City shall not be responsible for any maintenance of the land
located within the Easement Area whatsoever and that responsibility shall remain with the
Grantor; provided, however, the City may perform such maintenance should it determine in
its sole discretion such maintenance is needed.
5.• EASEMENT BENEFIT. This Easement shall be for the benefit of the City, its successors
and assigns, and its permittees and licensees.
6. 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.
7. PROPERTY TO BE RESTORED. Upon completion of any construction, reconstruction,
repair, enlargement or maintenance of any drainageway or any appurtenance thereto, the City
shall restore the Easement Area in good and workmanlike manner, including restoration of
lawns by sodding or seeding.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described
in this Easement by title in fee simple; that Grantor has good and lawful authority to convey the
same; and said Grantor covenants to WARRANT AND DEFEND the said premises against the
claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive
share, if any, in and to the interests conveyed by this Easement.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this �� day of A , 1996.
MIDLAND HOMES, INC.
By: ----rl0k�P�
Ted A. Grob, President
STATE OF IOWA )
SS: �`
COUNTY OF POLK )
On this �_ day of NO d P n be r, 1996, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Ted A. Grob, to me personally known,
who being by me duly sworn, did say that he is President of Midland Homes, Inc., executing the
within and foregoing instrument; that said instrument was signed on behalf of said corporation
by authority of its Board of Directors; and that the said Ted A. Grob as such officer
acknowledged the execution of said instrument to be the voluntary act and deed of the
corporation and by him voluntarily executed.
Notary P�uc�ind��oZ�S���flowa
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LEGAL DESCRIPTION
OVERLAND FLOWAGE EASEMENT
BLOOMINGTON COURT
A 21.00 FOOT OVERLAND FLOWAGE EASEMENT ACROSS LOTS 19, 20, OUTLOT 'Z',
LOT 'A', BLOOMINGTON COURT, AN OFFICIAL PLAT, CITY OF AMES, STORY
COUNTY, IOWA THAT IS 10.50 FEET ON EITHER SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AS A POINT OF REFERENCE AT THE NORTHWEST
CORNER OF LOT 19; THENCE N00.31'27"E, 10.50 FEET ALONG THE
WEST LINE OF OUTLOT 'Z' TO THE CENTERLINE OF OUTLOT 'Z',
SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE
S89.28'33"E, 55.20 FEET ALONG THE CENTERLINE OF OUTLOT 'Z' TO
A POINT OF CURVATURE; THENCE EASTERLY, ALONG A CURVE TO
THE LEFT, HAVING A RADIUS OF 900.00 FEET, AN ARC LENGTH OF
136.88 FEET, AND A CHORD BEARING OF N86`10'02"E, TO A POINT;
THENCE N00.31'27"E, 157.41 FEET TO A POINT IN LOT 20; THENCE
S89`28'33"E, 138.32 FEET TO A POINT OF CURVATURE; THENCE
NORTHEASTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS
OF 60.00 FEET, AN ARC LENGTH OF 50.84 FEET, AND A CHORD
BEARING OF N66 014'53"E, TO A POINT OF REVERSE CURVATURE;
THENCE EASTERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 77.00 FEET, AN ARC LENGTH OF 65.83 FEET, AND A
CHORD BEARING OF N66 e 27'45"E, TO A POINT OF TANGENCY IN LOT
'A'; THENCE S89*02'50"E, 18.06 FEET TO A POINT OF CURVATURE;
THENCE EASTERLY ALONG A CURVE TO THE RIGHT, HAVING A
RADIUS OF 486.57 FEET, AN ARC LENGTH OF 245.18 FEET, AND A
CHORD BEARING OF S74 0 36'43"E, TO A POINT OF TERMINUS ON THE
SOUTHEASTERLY LINE OF LOT 'A';
AND
A PARCEL OF LAND IN LOT 'A', BLOOMINGTON COURT, AN OFFICIAL PLAT, CITY
OF AMES, STORY COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEGINNING AT THE EASTERLY MOST CORNER OF LOT 'A'; THENCE
N79-21'48"W, 73.28 FEET TO A POINT; THENCE S20*39'46"W, 114.87
FEET TO A POINT; THENCE S54'43'58"E, 25.00 FEET TO A POINT ON
THE SOUTHEAST LINE OF LOT 'A'; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 800.00 FEET,
AN ARC LENGTH OF 142.45 FEET, AND A CHORD BEARING OF
N40'22'05"E TO THE POINT OF BEGINNING.
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