HomeMy WebLinkAboutA003 - Stream Bank Stabilization Easement dated January 12, 2016 Return to:
Nate Easter
2711 S Loop Drive Ste 4050
Ames 1A 50010
Prepared by: Jeremy C. Sharpe, 666 Walnut St., Ste 2000 Des Moines, IA 50309 (515) 243-7100
Return to: Preparer
STREAM BANK STABILIZATION EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT that Iowa State University Research
Park("Grantor")does hereby grant the County of Story, Iowa, the perpetual right to the
-following described casements:
A. Stream Bank Stabilization Easement. Grantor grants to the County of Story, Iowa,the
right to conduct and maintain stream bank stabilization activities and improvements as and when
necessary to stabilize the stream banks of the stream located within the real estate described in
Exhibit A(the"Easement Area"), as part of its stream bank stabilization activities in Story
County, Iowa.
B. General Terms and Conditions. Grantor,its successors and assigns, shall not:
I. erect any structures over or within the Easement Area without obtaining the prior
written approval of the County Engineer.
2. change grade, elevation.or contour of any part of the Easement Area without
obtaining prior written approval of the County Engineer.
C. The County of Story shall have the right of access to the Easement Area granted in this
Easement together with rights of ingress and egress reasonably necessary to carry out the
stabilization activities and practices within the Easement Area for the purposes described,
including,but not limited to:
1. the rights to remove any unauthorized obstructions or structures placed or erected
on the Easement Area, and
2, the right to improve,repair,maintain and stabilize the stream banks within the
Easement Area.
D. The foregoing rights are granted upon the express condition that the County shall allow
no public access whatsoever to the Easement Area and that the users of the granted rights will
assume liability for all damage to the hereinbefore described real estate and adjoining real estate
caused by failure to use due care in the exercise of the granted rights.
E. The terms and conditions of this Stream Bank Stabilization Easement are binding upon
the Grantor, including,but not limited to, future owners, developers, leasees or occupants. All
provisions of this instrument including benefits and burdens run with the land and are binding
upon and inure to the heirs, assigns, successors,tenants and personal representatives of the
parties hereto.
Dated this /.Z. 6 day of 52016.
OWNER
Iowa State University Research Park
By:
Steven T. Carter, Pr
STATE OF IOWA, STORY COUNTY 1
This record was acknowledged before me on / — �,Q ��, ,by
Steven T. Carter, as President of Iowa State University Research Park.
Notar Public in and for said State and County
My Commission Expires 7
(Seal)
CONNIE I_HARRIS
Notarial Seal - Iowa
Commission # 703964
My Commission Expires 7—3—/�'
EXHIBT A
The following real estate, all within Iowa State University Research Park Phase III Second
Addition,Ames, Iowa, is subject to this Water Main Sewer Easement:
The North 75 of Lot 1, Iowa State University Research Park Phase III Second Addition,
Ames, Story County, Iowa.
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