HomeMy WebLinkAboutA010 - Storm Sewer and Surface Water Flowage Easement INST.NOO 7217 619
STORY COUNTY,IO /
FILED FOR RECORD
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OCT 17 2003 PM 1 �
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Prepared by&Return to:Timothy C.Hogan 3101 Ingersoll Avenue Des Moines,Iowa 50312 (515)279-9059
STORM SEWER AND SURFACE WATER FLOWAGE 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 surface water flowage 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 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. 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.
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 2003 .
AMES ND CO , L.L.C. , an Iowa
li ted lia y company
By:
John G ble, Secretary
STATE OF IOWA )
) ss:
COUNTY OF POLK )
On this �� day of 2003 ,2003 , 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 ' y company by it voluntarily
executed.
PEGGY HUTMINSC,"'` Name
� Cpmmission Number 162434
MY p i 20x 're
Notary Pub is in and for said State
P925 e-Z
EXHIBIT "A"
BLOOMINGTON HEIGHTS WEST PLAT 2
A STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT IN BLOOMINGTON
HEIGHTS WEST PLAT 2, AN OFFICIAL PLAT, IN THE CITY OF AMES, STORY
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 15.00 FEET OF LOTS 33, 34 AND 35
AND,
BEGINNING AT THE NORTHEAST CORNER OF LOT 36 OF SAID PLAT 2; THENCE
SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 372.50 FEET, A
CHORD BEARING OF S24053'09"E AND AN ARC LENTH OF 4.43 FEET TO A POINT;
THENCE S46034'50"W, 158.76 FEET TO A POINT; THENCE N66047'44"W, 16.46 FEET TO
A POINT; THENCE N50019'29"E, 167.05 FEET TO THE POINT OF BEGINNING.
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