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Home My WebLink AboutA011 - Storm Sewer and Storm Water Storage Easement 02 - 14211_ INST.N STORY COUNTY,IOWA r _, ,I FILED FOR RECORD q- -A---M SEP 1 9 200 2.,� G 8UBM L VAN DE Recorder �� 1r0.!�s)L�f�GQIIUD.fEE 1 =. Prepared by&Return to:Thomas G.Fisher Jr.,3101 Ingersoll Ave-Des Moines,Iowa 50312 (515)279-9059 STORM SEWER AND STORM WATER STORAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENT that Ames Land Company, L.L.C. , an Iowa limited liability company (hereinafter called "Grantor") , hereby conveys 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 real estate described on Exhibit "A" attached hereto (hereinafter called "Easement Area") , for the purpose of the City constructing, reconstructing, repairing, replacing, enlarging, inspecting and maintaining a storm sewer and storm water storage area, together with all necessary structures and appurtenances thereto, under, over, on, through, across and within 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 (except a paved roadway, parking and/or other utilities) 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 laced under ,r, 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. The 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 the City, any unauthorized fences, structures, obstruction, planting or material placed or erected under, over, on, through, across or within the Easement Area. 4 . LIABILITY. Except as may be caused by the negligent acts or omissions of the City, its employees or agents, the City shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor for property damage to any improvements or obstructions thereon resulting from the City's exercise of its rights herein granted or arising in any manner from the existence of this Easement, or from the flowage or drainage of water into,;' over, through, across, within or out of said Easement Area. Grantor agrees to indemnify and hold City, its employees, agents and representatives harmless against any loss, damage or injury arising out of or resulting from the negligent or intentional acts or omissions of Grantor or its employees, agents or representatives. 5. EASEMENT BENEFIT. This Easement shall be for the benefit of the City, the owners of the property abutting said Easement Area, and the owners of property lying within the City. 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 heirs, successors and assigns. 7. 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. Grantor does HEREBY COVENANT with the City that (i) Grantor holds said real estate described in this Easement by title in fee simple; (ii) Grantor has good and lawful authority to convey the same; and (iii) Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whosoever. Words and phrases herein including acknowledgement hereof shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. DATED this > day of , 2002 . AMES D COM ANY, L. .C. , an Iowa li ted liabi 'ty c any John D. m e Secretary STATE OF IOWA ) ) ss: COUNTY OF POLK ) On this day of 6�— , 2002, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JOHN D. GAMBLE to me personally known, who being by me duly sworn did say that he is Secretary of the Iowa limited liability company executing the foregoing instrument, that no seal has been procured by the limited liability company; that the instrument was signed on behalf of the limited liability company by authority of its managers; and that JOHN D. GAMBLE acknowledged the execution of the instrument to be the voluntary act and deed of the limited liabil ' company by it voluntarily, executed. PEGGY HUTCHINSON Name: Canna Won Ntanber 1624M Notary Pub is in and for said State , + My Comn*Ww Expires OdDber 1,2003 1 w . EXHIBIT "A" STORM SEWER AND STORM WATER STORAGE EASEMENTS BLOOMINGTON HEIGHTS WEST PLAT 1 A STORM SEWER AND STORM WATER STORAGE EASEMENT IN OUTLOT `A' BLOOMINGTON HEIGHTS WEST PLAT 1, AN OFFICIAL PLAT, IN THE CITY OF AMES, STORY COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF OUTLOT `A'; THENCE S00031'27"W, 57.04 FEET ALONG THE EAST LINE OF SAID OUTLOT TO A POINT; THENCE S63029'41"W, 152.63 FEET TO A POINT; THENCE S33°13'27'W, 52.22 FEET TO A POINT; THENCE S63°49'44"W, 76.18 FEET TO A POINT; THENCE S00°00'00"W, 160.94 FEET TO A POINT; THENCE N90000'00"W, 21.98 FEET TO A POINT; THENCE N00°00'00"E, 200.14 FEET TO A POINT; THENCE N60000'0"W, 101.46 FEET TO A POINT; THENCE N00°00'00"E, 114.36 FEET TO A POINT ON THE NORTH LINE OF SAID LOT; THENCE S89041'32"E, 343.94 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING. AND, A STORM SEWER AND STORM WATER STORAGE EASEMENT IN OUTLOT `A' AND OUTLOT `Z' OF BLOOMINGTON HEIGHTS WEST PLAT 1, AN OFFICIAL PLAT, IN THE CITY OF AMES, STORY COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AS A POINT OF REFERENCE AT THE SOUTHWEST CORNER OF OUTLOT `A'; THENCE N00°00'00"E, 251.38 FEET ALONG THE WEST LINE OF SAID OUTLOT TO THE POINT OF BEGINNING; THENCE N90°00'00"W, 116.20 FEET TO A POINT; THENCE S78°01'43"W, 163.67 FEET TO A POINT; THENCE N00°00'00"E, 75.44 FEET TO A POINT; THENCE N89*01'50"E, 332.42 FEET TO A POINT; THENCE N06°47'37"E, 86.25 FEET TO A POINT; THENCE S62017'31"E, 37.55 FEET TO A POINT; THENCE S25012'52"E, 31.68 FEET TO A POINT; THENCE S00°00'00"E, 86.64 FEET TO A POINT; THENCE N9000010011W, 113.01 FEET TO THE POINT OF BEGINNING. N .J i �a1 P .