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HomeMy WebLinkAboutA013 - Public Storm Sewer Easement dated August 15, 2008 Return To: Bryan W Kinneer Instrumen °r:200 - 0000953 202 Sandburg Court Ames Ia 50014-7769 D Rec Fee: 21r2C120 U3:15-Co �� �'a�_ Fee: �ll,llll F-!:Offi Fee: 1.�lIJ Aud Fee: .0A Trans Tax: •illj Rec Management Fee: Mon-Standard Page Fee: ,CIO Filed for record in Story County? Iowa Susan L. Va.nde Kamp? County Recorder PREPARED BY: Louis R.Hockenberg,Esq. Sullivan&Ward,P.C. 6601 Westown Parkway,Suite 200 West Des Moines,IA 50266-7733 RETURN TO: Louis R. Hockenberg,Esq.,Sullivan&Ward,P.C.,6601 Westown Parkway,Suit 200,West Des Moines,IA 50266 PUBLIC STORM SEWER EASEMENT KNOW ALL PERSONS BY THESE PRESENTS that Kinneer Development, L.L.C., (hereinafter referred to as "GRANTOR") hereby grants to the City of Ames, Iowa, the "GRANTEE" for good and valuable consideration, a perpetual easement and right-of-way under, over, on, through, and across the real estate described in Exhibit "A", attached hereto and incorporated herein by this reference, hereinafter referred to as the easement area for storm sewer and associated purposes including but not limited to the repair and maintenance thereof. 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 under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the Grantee, 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 Grantee or site plan approval. 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 Grantee. 3. RIGHT OF ACCESS. The Grantee 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 100109923.DOCI limited to, the right to remove any unauthorized structures or obstructions 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 Grantee, its employees, agents or its representatives, the Grantee shall not be liable for injury or property damage occurring in or to the Easement Area, the property abutting said Easement Area, nor of property damage to any improvements or obstructions thereon resulting from the Grantee's exercise of this Easement. 5. MAINTENANCE. The Grantee shall restore the Easement Area after exercising its rights hereunder, provided, however, that the Grantee's duty of restoration shall be limited to grading and replacing grass, sod or any other ground cover. The Grantee shall not be responsible for any maintenance of the land located within the Easement Area except as provided herein and that responsibility shall remain with the Grantor. The Grantee may, however, perform such maintenance should it determine in its sole discretion such maintenance is needed. 6. EASEMENT BENEFIT. This Easement shall be for the benefit of the Grantee, the owners of the property abutting said Easement Area, and the owners of property within the Grantor's development known as 8th Addition Dauntless Subdivision and any and all assignees and successors in interest of the Grantor. 7. 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. 8. APPROVAL BY THE 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 Grantee that (i) Grantor holds said real estate described in this Easement by title in fee simple; (ii) that Grantor has good and lawful authority to convey the same; and (iii) that Grantor covenants to WARRANT AND DEFEND the said premises against the claims of all persons whomsoever. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. {00109423.DOC} Pg .2 Signed this 15 day of August 2008. KINNEER DEVELOPENT, L.L.C. By STATE OF IOWA ) )SS: COUNTY OF POLK ) On this i 5� day of 2008, before me, the undersi gnk ed, a Notary Public in and for the State of Iowa, personally appeared Kev-lt 4'A A e-e-—. ' to me personally known, who being by me duly sworn, did say that that person is Mauaa e'r (insert title of executing member) of said limited liability company, that no seal has been procured by the limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Wo n o G P.r— acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the limited liability company by it voluntarily executed. fix Mo" fl ' '� NOTARY PU LIC IN AND FOR THE STATE OF IOWA 100109423.DOC} Pg . 3 8T" ADDITION, DAUNTLESS SUBDIVISION EXHIBIT "A" STORM SEWER EASEMENT LOT 1 A PART OF LOT 1, EIGHTH ADDITION, DAUNTLESS SUBDIVISION, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA. AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG THE WEST LINE OF SAID LOT 1 AND A CURVE CONCAVE SOUTHEASTERLY WHOSE RADIUS IS 2467.18 FEET, WHOSE ARC LENGTH IS 6.99 FEET AND WHOSE CHORD BEARS SOUTH 06054'56"WEST, 6.99 FEET; THENCE SOUTH 06049'50" WEST, 72.15 FEET TO THE POINT OF BEGINNING; THENCE NORTH 89053'35" EAST, 190.10 FEET, THENCE SOUTH 68-50'19" WEST, 48.92 FEET; THENCE NORTH 83010'10" WEST, 145.51 FEET TO THE POINT OF BEGINNING.