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Home My WebLink AboutA007 - Floodway Easement dated March 4, 2016 i 3 F9i fi ":rr: l3E.il?Lt9Pf?I-srii Aod Fee lfkx. al Fce- 1 00 irrCt- I 1 z x Nt9': Fug; 1(§ Hied for r•cord 333 :i4 opy i.cujt'_r t3i3 3 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,Attorney at law,1416 Buckeye Ave.,Ste.200,Ames,IA 50010—515-956-3915 Document prepared by: Victoria A.Feilmeyer,Attorney at law,1416 Buckeye Ave.,Ste.200,Ames IA 50010—515-956-3915 -ILOODWAYEASEMENT KNOW ALL PERSONS: Amerco Real Estate Company, an Iowa corporation, and B and D Land, L.C. (hereinafter re- ferred to as the"Grantor"),as owner and proprietor of the following described real property: U-HAUL SUBDIVISION FIRST ADDITION,AMES,STORY COUNTY,IOWA, for valuable consideration,does hereby grant to City of Ames,Iowa,(hereinafter referred to as the"Grant- ee"),a perpetual,non-exclusive easement over and across the following described real property: Shown on the attached"Exhibit A"(the"Easement Area") for the purpose of a floodway over,under,and across the Easement Area. The foregoing rights are granted by the Grantor and shall be accepted and exercised by the Grantee subject to the following terms and condi- tions: 1. PURPOSES. This floodway easement is granted for the purpose of surface or storm water deten- tion, flowage,and drainage.Use of the Easement Area shall be limited to vegetative cover. Except as expressly permitted by the Grantee in writing, no building or other structure shall be erected within the Easement Area. Grantor,its successors and assigns,shall have no obligation to improve the Easement Area. 2. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument to the Grantee are nonexclusive. This instrument shall not preclude the 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 to the Grantee. 3. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine,feminine or neuter gender, according to the context.This instru- ment shall be governed exclusively by and construed in accordance with the laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions ofthis instrument. [SIGNATURES NEXT PAGE] AMERCO RE STATE COMPANY B : Sl ATURE NAME PRINTED TITLE OF AUTHORIZED SIGNER STATE OF (�/2�2 ,COUNTY OF Q�(_ ,SS.: / This instrument was aelmowledged befor me on zo16, b Y (name) as (title) of AMERCO REAL ESTATE CO PANY. NOTARY P BLIC Notary Public State of Arizona Madcopa County Mope Laird My Convn es on Eres 02J7212010 r B AND D LAND,L.C. Dated March 4,2o16. By: , z e"- Doyle Vepley,M age STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was aclmowledged before me on March 4, 2o16, by Doyle Kepley, as Manager of B and D Land, L.C. VICTORIAA.FElLMEYER �t COMMISSION NO. 180290 NOTARY PUBLIC D/1i COMMISSION EXPIRES � �o�v� JULY 17 20 /j r EXHIBIT A LEGAL DESCRIPTION OF EASEMENT AREA (AS DETERMINED BY GRAPHIC PLOTTING FROM FEMA FLOOD INSURANCE RATE MAP COMMUNITY NUMBER 190254 PANEL 0163. SUFFIX F,WITH A RE- VISED DATE OF OCTOBER 16.2014) ATRACT OF LAND IN SECTION 11,TOWNSHIP 83 NORTH,RANGE 24 WEST OF THE 5TH P.M. STORY COUNTY, IOWA AND BEING PART OF PARCEL "AD", RECORDED IN INSTRUMENT NO. 2006-00001038 OF THE STORY COUNTY, IOWA RECORDER'S OFFICE RECORDS,BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF PARCEL "AD", SAID CORNER BEING ON THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11;THENCE SOUTH 00 DEGREES 13 MINUTES 02 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHEAST QUARTER,A DISTANCE OF 329.25 FEET TO THE EAST QUARTER CORNER OF SAID SECTION 11; THENCE SOUTH 00 DE- GREES 10 MINUTES 33 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 11,A DISTANCE OF 920.28 FEET TO THE CENTERLINE OF SQUAW CREEK; THENCE ALONG SAID CENTERLINE THE FOLLOWING FIVE(5)COURSES AND DISTANCES; 1)NORTH 74 DEGREES 11 MINUTES 26 SECONDS WEST, A DISTANCE OF 771.13 FEET; 2) SOUTH 87 DEGREES 57 MINUTES 04 SECONDS WEST,A DISTANCE OF 551.85; 3)NORTH 81 DEGREES 58 MINUTES 26 SECONDS WEST,A DISTANCE OF 295.95 FEET;4) SOUTH 69 DEGREES 29 MINUTES 04 SECONDS WEST,A DISTANCE OF 366.60 FEET; 5) NORTH 75 DEGREES 24 MINMS 56 SECONDS WEST, A DISTANCE OF 317.95 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 39 SECONDS WEST,A DISTANCE OF 97.23 FEET TO A POINT ON THE FLOOOWAY LINE AS GRAPHICALLY PLOTTED FROM THE FEMA FLOOD INSURANCE RATE MAP, COMMUNITY NUMBER 190254,PANEL 0163, SUFFIX F WITH A REVISED DATE OF OCTOBER 16,2014;THENCE ALONG SAID FLOOOWAY LINE THE FOLLOW- ING THREE (3) COURSES AND DISTANCES; 1) NORTH 81 DEGREES 20 MINUTES 49 SECONDS EAST, A DISTANCE OF 7.64 FEET; 2) NORTH 42 DE- GREES 05 MINUTES 43 SECONDS EAST,A DISTANCE OF 35.83 FEET;3)NORTH 47 DEGREES 55 MINUTES 38 SECONDS EAST,404.51 FEET;THENCE SOUTH 89 DEGREES 38 MINUTES 12 SECONDS EAST, A DISTANCE OF 588.42 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUAR- TER OF SAID SECTION 11; THENCE NORTH 00 DEGREES 29 MINUTES 54 SE- CONDS WEST ALONG SAID WEST LINE,A DISTANCE OF 364.28 FEET TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 00 DEGREES 29 MINUTES 54 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11,A DISTANCE OF 167.31 FEET TO SAID FLOOOWAY LINE; THENCE ALONG SAID FLOODWAY LINE NORTH 47 DEGREES 55 MINUTES 38 SECONDS EAST,A DISTANCE OF 240.33 FEET TO THE NORTH LINE OF PARCEL "AD", THENCE SOUTH 89 DEGREES 06 MINUTES 26 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 1140.12 FEET TO THE POINT OF BEGINNING, CONTAINING 1,775,135 SQUARE FEET OR 40.75 ACRES,MORE OR LESS.