HomeMy WebLinkAboutA009 - Storm Sewer Easement 1
r Instrument: 2Ct.4 0008520
Date; 06-24-2004 Time: 10:40:25 a®.,
Rec Fee: 21,00 E-Com Fee: ,00
Aud Fee: ,00 Tans Tax; Or;
M Filed for Record in STORY COUNTY IOWA
0 SUSAN L. VANDE KANP,COUNTY RECORDER
Pre ared-by&Return to:Nathan J. Barber.,3101 Inpzersoll Ave. Des Moines Iowa 50312 515 279-9059
M STORM SEWER EASEMENT
LL 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 storm sewer, 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 rig
ht to
remove, without liability to the City, any unauthorized fences,
structures, obstruction, planting or material placed or erected
under, over, on through, across g 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 /`T day of June, 2004.
BLOO GTON HEIG S S TOWNHOMES,
L. . , an Iowa 1 ' ' ed liability
mpany
By:
John D. e, Secr tary
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. y�
US MAJORS Printed Name: /Sd Q f
EW
Cm rurdssfon Number 71'A128
CgpnExpires Notary Public in and for said State
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EXHIBIT "A"
STORM SEWER EASEMENT
A STORM SEWER EASEMENT IN LOTS 9, 10, 11, 36 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 NORTHEAST CORNER OF SAID LOT 9; THENCE S16°52'21"E,
13.93 FEET TO A POINT ON THE EAST LINE OF SAID LOT 9; THENCE S85°44'49"W,
11.93 FEET TO A POINT; THENCE N04°15'11"W, 11.60 FEET TO A POINT ON THE
NORTH LINE OF SAID LOT 9; THENCE N73°07'39"E, 9.10 FEET TO THE POINT OF
BEGINNING
AND
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 10; THENCE S73°07'39"W,
9.10 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 10; THENCE N04°15'11"W,
41.67 FEET TO A POINT ON THE EAST LINE OF SAID LOT 10; THENCE S 16°52'21"E,
40.66 FEET TO THE POINT OF BEGINNING
AND
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 11; THENCE S76°55'22"W,
2.26 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 11; THENCE N04°15'11"W,
14.72 FEET TO A POINT ON THE EAST LINE OF SAID LOT 11; THENCE S13°04'38"E,
14.54 FEET TO THE POINT OF BEGINNING
AND
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 36; THENCE S89041'32"E,
11.59 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 36; THENCE S57°33'38"W,
13.74 FEET TO A POINT ON THE WEST LINE OF SAID LOT 36; THENCE N00°00'00"W,
7.43 FEET TO THE POINT OF BEGINNING
AND
A 20-FOOT WIDE STORM SEWER EASEMENT IN SAID OUTLOT `B' CENTERED ON A
LINE THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE NORTHEAST CORNER OF SAID OUTLOT `B'; THENCE S00°00'00"E, 120.00 FEET
TO A POINT ON THE EAST LINE OF SAID OUTLOT `B'; THENCE S45°00'00"W, 48.25
FEET TO THE POINT OF BEGINNING; THENCE N55°27'50"W, 33.26 FEET TO A POINT;
THENCE N89043'33"W, 358.02 FEET TO A POINT; THENCE S57°33'38"W, 136.03 FEET
TO A POINT; THENCE S040 15'11"E, 260.61 FEET TO THE POINT OF TERMINUS
AND
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STORM SEWER EASEMENT
A 20-FOOT WIDE STORM SEWER EASEMENT IN SAID OUTLOT `B' CENTERED ON A
LINE THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHEAST CORNER OF SAID OUTLOT `B'; THENCE N00°00'00"E, 123.95 FEET
TO THE POINT OF BEGINNING; THENCE S88°41'04"W, 203.52 FEET TO A POINT;
THENCE S58053'07"W, 170.40 FEET TO A POINT; THENCE S30°39'17"E, 107.06 FEET
TO THE POINT OF TERMINUS
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