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Home My WebLink AboutA010 - Surface Water Flowage Easement r /L • ' irs�rsl�sent: �`Lr�iE}�jfi:j(�S Date: 06-24-c004 Time: 10:40:36 am. Rey. Pee: 26.00 E-Com Fee: 5.00 -f" A=id Eee: .00 Trans Tax: .00 M Filed for Record in STORY COUNTY iCQA D K)SAN L VANDE VA1gAe C0UNTY RECOODER U) Prepared by&Return to:Nathan J.Barber 3101 Ingersoll Ave Des Moines Iowa 50312 (515)279 9059 00 SURFACE WATER FLOWAGE EASEMENT KNOW ALL PERSONS BY THESE PRESENT that BLOOMINGTON HEIGHTS WEST TOWNHOMES, 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 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. y, or agents, the Cityshall not be liable i cable for injury or property damage occu rring 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 Ea sement, or from the flowage g 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 June, 2004. BLO GTON HEIG T W T TOWNHOMES, L . , an Iowa ted liability c mpany By: John D. b e, Secretary STATE OF IOWA ) ) ss: COUNTY OF DALLAS ) On this day of June, 2004, 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 liability company by it voluntarily executed. USA MAJORS Printed Nameif Commission Number 711120 KS ow My Commission Expires Notary Public in and for fiaid State Pie z r EXHIBIT "A" SURFACE WATER FLOWAGE EASEMENT A SURFACE WATER FLOWAGE EASEMENT IN LOTS 5, 7, 9, 10, 11, 12, 13, 14, 15, 16 AND OUTLOT `B' BLOOMINGTON HEIGHTS WEST TOWNHOMES PLAT 2, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 5; THENCE N26°02'37"W, 4.36 FEET TO A POINT ON THE WEST LINE OF SAID LOT 5; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 825.00 FEET, A CHORD BEARING OF N72031'20"E AND AN ARC LENGTH OF 29.25 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 5; THENCE S63°57'23"W, 28.92 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 7; THENCE N26°47'02"W, 3.88 FEET TO A POINT ON THE WEST LINE OF SAID LOT 7; THENCE N62034'30"E, 34.95 FEET TO A POINT OF CURVATURE; THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 825.00 FEET, A CHORD BEARING OF N63055'53"E AND AN ARC LENGTH OF 39.06 FEET TO A POINT ON THE EAST LINE OF SAID LOT 7; THENCE S26°47'02"E, 3.78 FEET TO THE SOUTHEAST CORNER OF SAID LOT 7; THENCE S63012'58"W, 74.00 FEET TO THE POINT OF BEGINNING AND BENGINNING AT THE NORTHWEST CORNER OF SAID LOT 9; THENCE N73°07'39"E, 3.29 FEET ALONG THE NORTH LINE OF SAID LOT 9 TO A POINT; THENCE S13000'00"E, 48.70 FEET TO A POINT ON THE WEST LINE OF SAID LOT 9; THENCE N16052'21"W, 48.59 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 10; THENCE N73°07'39"E, 6.88 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 10; THENCE S13°00'00"E, 53.12 FEET TO A POINT ON THE WEST LINE OF SAID LOT 10; THENCE N16052'21"W, 53.00 FEET TO THE POINT OF BEGINNING AND Po5e3 PAGE-2- SURFACE WATER FLOWAGE EASEMENT BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 11; THENCE N76055'22"E, 1.53 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11; THENCE S 13°00'00"E, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 11; THENCE S76055'22"W, 1.47 FEET TO THE SOUTHWEST CORNER OF SAID LOT 11; THENCE N13°04'38"W, 43.00 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 12; THENCE N76055'22"E, 1.58 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 12; THENCE S13°00'00"E, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 12; THENCE S76°55'22"W, 1.53 FEET TO THE SOUTHWEST CORNER OF SAID LOT 12; THENCE N13°04'38"W, 43.00 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 13; THENCE S89°42'15"E, 2.99 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 13; THENCE S00°18'28"W, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 13; THENCE N89042'15"W, 2.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 13; THENCE N00017'45"E, 43.00 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 14; THENCE S89042'15"E, 3.00 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 14; THENCE S00°18'28"W, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 14; THENCE N89042'15"W, 2.99 FEET TO THE SOUTHWEST CORNER OF SAID LOT 14; THENCE N00017'45"E, 43.00 FEET TO THE POINT OF BEGINNING AND BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 15; THENCE N89040'01"E, 1.48 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 15; THENCE S00°18'28"W, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 15; THENCE S89040'01"W, 1.00 FEET TO THE SOUTHWEST CORNER OF SAID LOT 15; THENCE N00°19'59"W, 43.00 FEET TO THE POINT OF BEGINNING AND Poje- Y PAGE -3- SURFACE WATER FLOWAGE EASEMENT BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 16; THENCE N89°40'0I"E, 1.96 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 16; THENCE S00°18'28"W, 43.00 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 16; THENCE S89°40'01"W, 1.48 FEET TO THE SOUTHWEST CORNER OF SAID LOT 16; THENCE N00°19'59"W, 43.00 FEET TO THE POINT OF BEGINNING AND THE SOUTH 25 FEET OF OUTLOT `B' THAT IS PARALLEL AND ADJACENT TO HARRISON ROAD AND THE WEST 20 FEET OF OUTLOT `B' � 3-