HomeMy WebLinkAboutA010 - Storm Water Detention Easement dated September 16, 2008 I Instrument:200E- 00012107
it Gate:llov 13r2008 11:40:12A
p Rec Fee: 10.00 E-Cam Fee: i,00
G Aud Fee: ,00 Trans Tax: .00
R Rec Manasement Fee: 1,00
lion-Standard Page Fee: ,0+7
Filed for record in Story Countyr Iowa
Susan L. Vande Kamp? County Recorder
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: Victoria A.Feilmeyer, 1416 Buckeye—Ste.200,Ames IA 50010
Document prepared by: Victoria A.Feilmeyer, 1416 Buckeye—Ste.200,Ames IA 50010-Ph.515-239-5000
STORM WATER DETENTION EASEMENT
THIS IS AN EASEMENT made by Grantor upon the following terms and conditions:
1. DEFINITIONS. When used in this instrument,unless otherwise required by the context:
1.1. "Grantor"means Hickory Park,Inc.,an Iowa business corporation.
1.2. "Grantee" means Hickory Park, Inc., an Iowa business corporation, and Theisen De-
velopment Co., L.L.C., an Iowa limited liability company, and includes Grantee's suc-
cessors and assigns.
1.3. "City"means the City of Ames, Iowa,an Iowa municipal corporation.
1.4. "Benefitted Property"means the real property described as follows:
Lot 1, East Hickory Park Subdivision,Ames, Iowa AND
Lot 2 and Outlot D, East Hickory Park Subdivision, Second Addition,Ames,
Iowa.
1.5. "Easement Area"means the tract of land described as follows:
Outlot"C"of Hickory Park Subdivision Second Addition,Ames, Iowa.
2. CIRCUMSTANCES. As a condition of approval for platting of Hickory Park Subdivision Second
Addition,City requires Grantor to establish stormwater management facilities.
3. EASEMENT CREATED. The Grantor hereby reserves for the Benefitted Property the perpetual right
to cause storm water to flow to and to be detained upon, over, and across the Easement Area. An
owner of the Benefitted Property shall have the perpetual right of ingress to and egress from said
Easement Area and, if the rights granted herein shall be exercised by the owner of such Benefitted
Property, may at such owner's sole expense, construct, reconstruct, operate, use, maintain and re-
pair storm water discharge facilities.
4. CITY APPROVAL. This Agreement shall not be altered or released without the consent of City.
5. OBSTRUCTIONS PROHIBITED. The Grantors, as the fee simple owners of the underlying real es-
tate, and the Grantors' successors and assigns, and the grantee owners of the Benefitted Property
shall not erect or place within the Easement Area any building or other structure or improvement
or any trees, shrubs or other landscape plantings other than grass or comparable ground cover ex-
cept with the prior written consent of City.
6. EASEMENT APPURTENANT. The easement rights granted herein shall be appurtenant to the Bene-
fitted Property.
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EASEMENT Page 2
7. NONEXCLUSIVE EASEMENT. The easement rights granted herein are nonexclusive. This instru-
ment shall not preclude Grantor from granting similar easement rights to third parties upon terms
and conditions that do not impair or diminish the rights granted under this instrument.
8. TITLE WARRANTY. Grantor warrants that Grantor holds the Easement Area by title in fee simple;
that Grantor has good and lawful authority to grant the easement rights herein provided for; and
that any prior liens or encumbrances on the Easement Area will either be released forthwith or will
be subordinated to the easement rights granted herein by a duly executed and recorded subordina-
tion agreement.
9. INDEMNIFICATION. The grantee owner of the Benefitted Property shall indemnify and hold Gran-
tor harmless as to all loss,damage or expense sustained personally by Grantor and as to all liabil-
ity of Grantor to third persons by reason of damages or injuries to persons or property resulting
from the grantee's exercise of the rights granted to grantee under this Agreement.
IN WITNESS OF THIS AGREEMENT Grantor has executed this instrument under date of the
day of SPO tGv _k.6K ,2008.
HICKORY RKg1NC. 2
BY: L
SIG T RE OF AUTHORIZED PERSON
DAUr p E. WM67F_L0ek-
NAME OF AUTHORIZED PERSON PRINTED
TITLE OF AUTHORIZED PERSON
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the day of GAr
w,lam,✓ , 2008 by
David E. Wheelock as President of Hickory Park, Inc.
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• VICTORIA FEILMEYER NOTARY PUBLIC
• MYCOMm ber1gp
ow July 17,20 0 res