HomeMy WebLinkAboutA011 - Storm Water Flowage Easement Agreement dated September 26, 2008 I Instruatenta2008- 00012109
11 Datefty 13r2008 11:43:01A
D Rec Fee: 15.00 E-Coat Fee: 1.00
6 Aud Fee= .00 Trans Tax: .00
R Rec Manaseatent Fee: 1,00
Ron-Standard Page Fee' 10.00
Filed for record in Story Countgr Iowa
Susan L. Vande Kaatp► 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.Feihneyer, 1416 Buckeye—Ste.200,Ames IA 50010-Ph.515-239-5000
STORM WATER FLOWAGE EASEMENTAGREEMENT
THIS IS AN AGREEMENT made by and between Grantor and Grantee upon the following terms and
conditions:
1. DEFINITIONS. When used in this agreement,unless otherwise required by the context:
1.1. "Agreement"means this instrument as signed by the parties thereto.
1.2. "Benefitted Property"means the real property described as follows:
Lot 1,East Hickory Park Subdivision,Ames,Iowa.
1.3. "Easement Area"means the tract of land described as follows:
A 30.00 foot wide tract in Outlot"C"of Hickory Park Subdivision Second Addi-
tion,Ames, Iowa described as 15 feet on either side of a line commencing at a
point on the East line of Outlot"C" 150.43 feet North of the Southeast corner of
Outlot"C";thence South 90'00'00"West 76.21 feet.
1.4. "Grantee"means Theisen Develoament Co.. L.L.C., an Iowa limited liability company,
and includes Grantee's successors and assigns.
1.5. "Grantor"means Hickory Park.Inc.,an Iowa business corporation.
1.6. "City"means the City of Ames.Iowa,an Iowa municipal corporation.
2. CIRCUMSTANCES. As a condition of approval for platting of Hickory Park Subdivision Second
Addition,City requires Grantor and Grantee to establish stormwater management facilities.
3. EASEMENT CREATED. The Grantee shall have the perpetual right, at the Grantee's sole expense,
to construct, reconstruct, operate, use, maintain and repair storm water discharge facilities and to
cause storm water to flow upon, over, across, and through the Easement Area and shall have the
perpetual right of ingress and egress between said Easement Area and the Benefitted Property.
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, 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 except with the prior written consent of the Grantee.
The Grantee shall have the right to trim or remove trees and shrubs within the Easement Area.
6. EASEMENT APPURTENANT. The easement rights granted under this Agreement to Grantee shall be
appurtenant to the Benefited Property.
EASEMENTAGREEjVfENT Page 2
7. NONEXCLUSIVE EASEMENT. The easement rights granted under this Agreement to Grantee are
nonexclusive. This Agreement 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
Agreement to Grantee.
8. TITLE WARRANTY. Grantor warrants to Grantee 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 forth-
with or will be subordinated to the easement rights granted herein by a duly executed andrecorded
subordination agreement.
9. INDEMNIFICATION. Grantee agrees to indemnify and hold Grantor harmless as to all loss,damage
or expense sustained personally by Grantor and as to all liability 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.
10. NOTICE. Unless otherwise required by law, any notice or demand required or permitted by the
terms of this agreement shall be sufficient and deemed complete when expressed in writing and ei-
ther (a) personally delivered to the person entitled thereto, or (b) deposited at any office of the
United States Postal Service in the form of certified mail addressed to the last known mailing ad-
dress of the person entitled thereto,or(c)served on the person entitled thereto in the manner of an
original notice under the Iowa Rules of Civil Procedure.
11. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with
respectto,the subject matter thereof and supersedes all prior statements, representations,promises
and agreements,oral or written. No addition to or change in the terms of this agreement shall be
binding upon,the parties unless it is expressed in a writing signed by the parties.
12. SUCCEssoRs BOUND. This agreement shall be binding upon and inure to the benefit of the re-
spective successors and assigns of all parties executing this Agreement.
13. INTERPRETATION. Words and phrases used in this agreement shall be construed as in the single or
plural number, and as masculine,feminine or neuter gender, according to the context.This agree-
ment shall be governed exclusively by and construed in accordance with the laws of the State of
Iowa.The paragraph headings in this agreement are for convenience only and in no way define or
limit the scope or intent of any provisions of this agreement. This agreement may be executed in
any number of counterparts, each of which shall be regarded as an original and all of which shall
constitute but one and the same instrument.
IN WrrNESS OF THis AGREEMENT Grantor and Grantee have executed this instrument under date
of the day of 50 ,2008.
HICKORY PARK,INC. HEISEN DEVELOPMENT CO.,L.L.C.
BY: z 17 BY: L/�G� O` � ✓
SIGNATURE OF AUTHORIZED PE O - SIGNATURE OF AUTHORIZED PERSON
David E. Wheelock C healyk✓ L
NAME OF AUTHORIZED PERSON PRINTED NAME OF AUTHORIZED PERSON PRINTED
President 1AL- AW__
TITLE OF AUTHORIZED PERSON TITLE OF AUTHORIZED PERSON
t � _
EASEMENTAGREEmENT Page 3
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the 3rc1 day of GCIV6' , 2008 by
David E.Wheelock as President of Hickory Park,Inc.
o�`"L s� ..PAULA OSGUTHORPE rju i c
* * COMMISSION NO. 746624
MY COMMISSION.EXPIRES NOTARY PUBLIC
IOWA 4/ L�U10
STATE OF IOWA,COUNTY OF SS.:
This instrument was acknowledged before me on the lfi day of .S , 2008 by
6WISnOxd, L%PfAseJas Mewae12 of Theisen Development Co.,L.L.C.
NOTARY PUBLI
CINDY M. BURDT
. Commission Number 165805
owe My Comm. Exp.JUL 17,2010