HomeMy WebLinkAbout~Master - Recreational Trail - Interstate Power & Light Company - 20th & Grand t
RETURN TO:
AMES CITY CLERK V Instrunent:2008- 00011072
BOA 811 M Date:Oct 08r2008 09:43:19A
AMES IA 50010-0811 D Rec Fee: 25.00 E-Con Fee: 1.00
/ Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story Countyr Iowa
Susan L. Vande Yanvr County Recorder
Prepared By: Heather Dee-Interstate Power and Light Company-PO Box 351- Cedar Rapids,IA 52406--(319)786-4514
-Retww'.10: Heather Dee-Interstate Power and Light Company-PO Box 351 - Cedar Rapids IA 52406--(319) 86-4514
SPACE ABOVE THIS LINE FOR RECORDER
EASEMENT AGREEMENT FOR RECREATIONAL TRAIL
This Easement Agreement is entered into this b� day of /ktA(-A\-A`zT , 2008, by and
between City of Ames, Iowa, a municipal corporation (Grantee herein) and Interstate Power and Light
Company, an Iowa Corporation (Grantor herein).
WHEREAS, the Grantor has an ownership interest in the real property described in Exhibit A,
and
WHEREAS, the Grantee proposes to design, construct, operate and maintain a paved
recreational trail not to exceed 8' in width ("Trail") upon a portion of the real property described in
Exhibit "A", and in strict compliance with the As-Built Drawings referenced herein, and
WHEREAS, the Grantor agrees to grant to Grantee a non-exclusive easement for the purpose
of constructing, operating and maintaining said Trail.
NOW THEREFORE, for $1.00 and other valuable consideration duly paid and acknowledged,
and conditioned upon compliance with the covenants contained herein, the Grantor hereby grants unto
the Grantee a non-exclusive easement for the sole purpose of constructing operating and maintaining
the Trail on a portion of the property described as follows ("Property"):
The East 10 feet of the West 92 feet of the East 142 feet of the South 65 feet of the North 100 feet
of the North East Quarter of the Southeast Quarter in Section 34, Township 84 North, Range 24
West of the 5th P.M., Ames, Story County, Iowa
See attached Exhibit "B"
Grantee shall be solely responsible for the design, construction, operation, and maintenance of the
Trail. Any design, construction, operation and maintenance activity shall be performed in a
workmanlike manner, free and clear of defects in materials and workmanship. In no event shall the
Grantee suffer or permit the existence of a lien or other encumbrances to be filed against said Property,
and shall provide the documentation and surety, as required by Grantor, to ensure that no such lien in
filed, and that any lien so filed I immediately discharged.
Upon completion of construction of the Trail, Grantee shall submit As-Built drawings showing the
precise location of such Trail, in a form acceptable to Grantor.
Grantor makes no warranties or representations whether express or implied, related to the usability or
safety of such Property, the suitability of the land or property for recreational or trail purposes, or
concerning title to the Property.
The Grantee acknowledges that the Trail is in close proximity to natural gas and other utility facilities,
and agrees to take such steps as are necessary to protect the public from danger or the Grantor from
damage to its facilities. The Grantee agrees to assume all risk of loss associated with design,
construction, operation and maintenance of the Trail, and to defend, indemnify and save Grantor
harmless from any and all liability, loss, claim, damage or expense (including reasonable attorneys' and
experts' fees), that may arise out of the design, construction, operation and maintenance of the Trail, as
well as the access, use or misuse of the Trail and/or the Property by any third party which may result in
personal injury or property damage.
Grantee shall provide and maintain public Liability and property damage insurance, or equivalent self-
insurance, during the term of this Easement Agreement so as to provide and maintain protection and
r .
indemnification against any and all claims and liability in connection with this Easement Agreement and
to comply with the indemnification provisions as indicated herein. Such insurance shall comply with the
following minimum requirements:
(a) Comprehensive General Liability Insurance, including but not limited to Contractual Liability,
with limits of not less than $2,000,000 per occurrence for bodily injury and property damage.
(b) Vehicle Liability insurance with limits of not less than $1,000.000 per occurrence for bodily injury
and property damage.
Certificates of insurance or self-insurance shall be on file with the Grantor prior to the execution of this
Easement agreement, shall remain in effect for the duration thereof, and shall name Grantor as an
additional insured. All Certificates of Insurance shall state that prior to cancellation, non-renewal or any
material change, thirty (30) days written notice shall be given to Grantor. Failure of Grantor to enforce
the minimum insurance requirements listed above shall not relieve Grantee of responsibility for
maintaining these coverages.
Grantee further agrees that the Trail and all activities permitted under this Easement Agreement shall
comply in all respects with all local, state and federal safety codes, standards and regulation ('Laws"),
including but not limited to, the National Electric Safety Code (NESC) and 49 CFR Part 192,
"Transportation of Natural and Other Gas by Pipeline."
The Grantee agrees to bear responsibility for all costs or expenses for damages done to the Property
(including, but not limited to damage done to the personal property of Grantor and third parties legally
upon said property), and for damages done to the adjoining lands of Grantor and third parties, by the
Grantee, its agents, employees, contractors or invitees while constructing, operating or maintaining said
Trail and including damage done by flooding, sewer backup, ponding, pooling, subsidence, or erosion
from rain-water runoff or snow and ice caused by the construction operation or maintenance of the
Trail_
The Grantee agrees that Grantor shall have full enjoyment of its Property including the right of access
to its present and future utility structures and facilities subject only to the rights granted to Grantee
herein, and that Grantee shall be solely responsible for damages to the Trail and related facilities
caused by Grantor's construction, operation or maintenance of Grantor's utility structures and facilities
on the Property.
The Grantor agrees to allow the Grantee at its sole cost and expense to regrade the easement area as
necessary to construct said Trail so long as said construction does not cause a violation of NESC
(National Electric Safety Code) clearance codes particularly a violation of clearance requirements for
ground to aerial lines or conductors. Construction must also not cause a violation of CFR Part 192
regarding cover and underground clearance of natural gas facilities. Grantee shall be responsible for
and will perform all weed control, mowing, and other trimming of trees or brush as necessary in the
area of the property surrounding the Trail_
The Grantee agrees to maintain no less than 25 feet lateral clearance from the improved Trail and Trail
appurtenances to any existing and future utility facilities. Grantee must maintain at least 24 inches of
cover over natural gas facilities. Underground construction by the Grantee must be installed with at
least 12 inches of clearance from existing natural gas facilities. No utility facilities shall be relocated to
accommodate Grantees construction, operation or maintenance of the Trail or appurtenances thereto.
The Grantee recognizes that a demonstrated operational need to occupy the easement area may
require the Grantor to utilize its property at some future date for utility operation or other corporate
activities that would be incompatible with the co-existence of the Trail. At such time as this may occur,
Grantor may provide to the Grantee written notice and evidence of an operational need to occupy the
easement area. Within 90 days of providing such notice to Grantee, Grantor shall consult with the
Grantee and make reasonable efforts to accommodate a relocation of the Trail within the easement
area. If the Grantor determines that relocation of the Trail may be accommodated within the easement
area, the Grantor may require the relocation of the Trail. If the Trail cannot be relocated within the
easement area, the Grantor may terminate this Easement Agreement without liability after giving written
notice of termination.
1� r + h e o he
Easement rights ranted herein shall terminate a. �uc�, time as the Property is no longer used b t
g g P Y 9 Y
City for Trail purposes, or upon breach of any provision of the Easement Agreement by the Grantee.
Upon termination of the Easement Agreement for any reason, the Grantee shall remove any and all
improvements, and return the Property to a condition acceptable to Grantor within 180 days from
receipt of notice. Grantee agrees in advance to execute such documentation as is deemed necessary
to evidence the termination of the easement grant.
This Easement Agreement and rights herein described shall be binding upon the parties and their
successors in interest. Grantee shall not assign its rights therein, in whole or in part, without the written
consent of Grantor.
INTERSTATE POWER AND LIGHT COMPANY
By:
Thomas L. Aller
By:
President
CITY OF AMES, IOWA
17
k o t ,
E
g
EXHIBIT "A"
Legal Description of Property
Commencing at a point 110.0 feet West and 35.0 feet South of the Southeast Corner
of the Northeast Quarter of Section 34, Township 84 North} Range 24 West of the
51h P.M., Iowa; thence West 32.0 feet; thence South 65.0 feet; thence East 32.0 feet;
thence North parallel to the West right of way line of U.S. Highway 69, 65.0 feet to
the point of beginning.
. "1
4 EXHIBIT"B"
-RE44� SHARED USE PATH EASEMENT PLAT
CITY OF AMES, IOWA ENGINEERING DIVISION N
DATE:
OWNER: IES UTILITIES
C/O ALLIANT ENERGY COPR.
P.O. BOX 7TO07
MADISON, WI 53707-TO07
i
NO SCALE
UJ 8
Q dp Lu p
M1
J Q 20TH ST
Vd COR
��Zy SAC 34 644 24 .
U—
632
706 20SM ST
� so• sa
i4a xr
o
+tR*A*EN� SHARED USE PATH EASEMENT
FROM: IES UTILITIES
ADDRESS: 708 20TH ST
THE EAST 10'OF THE WES•f 92'OF THE EAST 142'OF THE SOUTH 65' OF THE NORTH 100,OF
THE NE 1/4 SE 1/4 SECTION 34, T84N R24W OF THE STH P.M., AMES, STORY COUNTY, IOWA.
CONTAINING 650 SQUARE FEET.
RECORDED:
INSTRUMENT NO.:
DATE:
05-34-429-020