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HomeMy WebLinkAboutA009 - Storm Sewer, Surface Water Flowage and Storm Water Storage Easement a c J— Instrument: 200400011871 Date: 08-26-2004 Time: 12:41:06 pm. M Rec Fee: 16.00 E-Com Fee: 1.00 p Aud Fee: .00 Trans Tax: .00 Filed for Record in STORY COUNTY IOWA C' !J1.J:AN L. VANDE KAMP,COLNTY RECORDER Prepared by&Return to:Timothy C.Hogan,3101 Ingersoll Avenue,Des Moines,Iowa 50312 (515)279-9059 STORM SEWER, SURFACE WATER FLOWAGE 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, surface water flowage 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 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 f (9 day of July, 2004 . AM LAND COMP NY, .L.C. , an Iowa 1 ' ited liabi it IT By: John D. le, Sec etary STATE OF IOWA ) ) ss: COUNTY OF DALLAS ) On this r2G day of July, 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. OLIVIA SAVOLAINEN G�vu " Commission Number 727975 Name:QL ., ✓'X-e aw MyCommissionExpires Notary Public in and for said State April 19, 2007 y P . � EXHIBIT "A" STORM SEWER, SURFACE WATER FLOWAGE AND STORM WATER STORAGE EASEMENT A STORM SEWER, SURFACE WATER FLOWAGE AND STORM WATER STORAGE EASEMENT IN BLOOMINGTON HEIGHTS WEST PLAT 3, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 25 FEET OF LOTS 20, 21, 22, 23 AND BEGINNING AT THE NORTHWEST CORNER OF LOT 35; THENCE S89°41'32"E, 511.53 FEET TO THE NORTHEAST CORNER OF LOT 10 THENCE S00031'27"W, 50.00 FEET TO A POINT ON THE EAST LINE OF SAID LOT 10; THENCE N89°41'32"W, 217.93 FEET TO A POINT ON THE WEST LINE OF LOT 12; THENCE S86°25'19"W, 70.70 FEET TO A POINT ON THE WEST LINE OF LOT 13; THENCE S77°31'43"W, 177.79 FEET TO A POINT ON THE WEST LINE OF LOT 35; THENCE N27025'30"W, 106.33 FEET ALONG THE WEST LINE OF LOT 35 TO THE POINT OF BEGINNING.