The URL can be used to link to this page

Home My WebLink AboutA003 - Storm Water Management Easement Instrument No. 2023-04310 Instrument Ni 2023-04310 08/29/2023 10:49:25 AM Total Pages; 5 EASE EASEMENTS Recording Fee; 27.00 Stacie Herr e, ecorder , Story County Iowa mill MW 411I IN ADM 11111 Return to: ISU Research Park Attn: Kyle Martin 1805 Collaboration PI Ste 1250 Ames IA 50010 EI STORM WATER MANAGEMENT EASEMENT I Recorder's Cover Street Preparer Information: Belin McCormick, P.C. David L, Ginger j 666 Walnut Street, Suite 2000 Iles Moines, Iowa 50309 (515) 283A668 Return Document To: Preparer Grantor, Iowa State University Research Park Grantee: City of Ames, Iowa t See Page 2 Legal Description: 8 Document or instrument number of previously recorded documents; NIA i i i i € 2023-04310 EASE 06/29/2023 10:49:25 AM Page 2 of 5 f € STORM WATER MANAGEMENT EASEMENT This Storm Water Management Easement (herein "Easement") is entered by Iowa State j University Research Park(the"Grantor") in favor of the City of Ames, Iowa (the"City")and the owner of the Benefited Property, In consideration of the approval by the City of ISU Research Park Phase III, Fifth Addition, an Official Plat, now included in and forming apart of the City of Ames, Story County, Iowa, to control and address storm water runoff from and for the following described property: Lot 1 in ISU Research Park Phase III,Fifth Addition, an Official Plat,now included in and forming a part of the City of Ames, Story County, Iowa {the "Benefited Property"}. i A. Grantor hereby grants the City and the owner of the Benefited Property a non-exclusive easement for the purpose of constructing, reconstructing, repairing, grading and maintaining a storm water detention area (the "Storm Water Management Facility") and permitting the free and unobstructed flow of surface water upon, over, under, through and across the following described property: A PART OF LOT 1 AND OUTLOT Z, IOWA STATE UNIVERSITY RESEARCH PARK PHASE III, FIFTH ADDITION, AN OFFICIAL PLAT, CITY OF AMES, STORY COUNTY, IOWA DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH 901100100" EAST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 343.53 FEET; THENCE NORTH 56°5320" EAST ALONG SAID SOUTH LINE, 196,32 FEET TO THE POINT OF BEGINNING; THENCE NORTH 28142'40" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 192.96 FEET; THENCE NORTH 13*11'02"EAST CONTINUING ALONG SAID EAST LINE, 176.72 FEET; THENCE NORTH 34°08'04" WEST, 70.00 FEET; THENCE NORTH 28035'22" EAST, 32.31 FEET; THENCE SOUTH 73011'07" EAST, 160.00 FEET; THENCE SOUTH 38°56'03" EAST, 50.00 FEET; THENCE SOUTH 10035'01" WEST, 295,00 FEET; THENCE SOUTH 40009'08" WEST, 140.00 FEET; THENCE SOUTH 77000'17" WEST, 94.46 FEET; THENCE NORTH 37004'24" WEST, 95.00 FEET TO THE POINT OF BEGINNING(the"Easement Area"). B. The owner of the Benefited Property shall be responsible for constructing,repairing, grading, maintaining and replacing the Easement Area and the Storm Water Management Facility in the manner set forth herein. The maintenance obligations for the Easement Area and Storm Water Management Facility shall be as follows: i. Mow the Easement Area on a regular basis to maintain all vegetation at the height designated on the original design, and maintain cover on all portions of the 2023-04310 EASE 06/29/2023 10.49.25 AM Page 3 of 5 i i Easement Area to prevent erosion; ii. Remove all trash, litter, debris or obstructions in the Easement Area and from any inlets or outlets located within the Easement Area; iii. On a monthly basis during the growing season, plant, maintain and replant as necessary permitted vegetation; iv, Conduct quarterly inspections for any defects, obstructions, or any changes from the original design; V. Inspect and determine the depth of the Easement Area on an annual basis; A. Remove any accumulated sediment from the outlet structures annually, and completely remove any sediment that has accumulated within Easement Area when it has reached a depth of 25% or more of the original design depth of the Storm Water Management Facility at any point, and restore such original design depth in its entirety; vii. All maintenance,restoration, and repairs shall conform to the original design of the Storm Water Management Facility; viii. Maintain the Storm Water Management Facility to ensure that storm water runoff from the Benefited Property is properly managed and controlled on a continual basi s. C, No chemicals or any substance shall be applied to the Storm Water Management Facility that may harm or impair the effectiveness of the Storm Water Management Facility. D. No structure shall be erected over or within the Easement Area without obtaining the prior written approval of the City, E. No structure, vehicle, material, device, thing or matter which obstructs or impedes any flow of water over the surface of the Easement Area shall be erected or caused to be placed in or on the Easement Area, whether temporary or permanent, without obtaining the prior written approval of the City. F. The City, the owner of the Benefited Property and their agents, contractors, employees and assigns shall have full rights of access to the Easement Area and shall have all rights of ingress and egress reasonably necessary for the use and enjoyment of the Easement Area, including, but not limited to, the right to remove any unauthorized plantings, structures, or obstructions placed or erected on the Easement Area and the rights to do maintenance, repair, reconstruction, grading and dredging. G. This Easement shall be deemed to run with the land and shall be binding on Grantor and Grantor's successors and assigns. 2023-04310 EASE 06/29/2023 1 OA9;25 AM Page 4 of 5 i I I I I H, Grantor does hereby covenant with the City that Grantor holds the Easement Axea by title in fee simple;that Grantor has good and lawful authority to convey the same;and Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons i I whomsoever. i (SIGNAWRE FOLLOWSJ i E i i i 3 I i I i i i i i I } I 2023-04310 EASE 06/29/2023 10:49:25 AM Page 5 of 5 r I I Signature Page- STORM WATER MANAGEMENT EASEMENT f j ! GRANTOR: IOWA STATE UNIVERSITY RESEARCH PARK i B Y� ick Sanders, President Date:— G/212 3 STATE OF IOWA,COUNTY OF STORY,ss: c , ,2023, before me, the undersigned, a Notary On this `' day of Public in and for said County and State personally appeared Rick Sanders,to me personally known, who being by me duly sworn,did say that he is the President of the Iowa State University Research Park,executing the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed of Iowa State University Research Park,by it and by him voluntarily executed. f/ � Notary Public in and for the State of Iowa (4216676.1).doox REBECCA W WILLIAMS Coerxniwlon Number 935310 My Commieaion E>pk"