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HomeMy WebLinkAbout~Master - Electric Facilities Easement - Campus Investors IS, LLC - Parcel B, Lot 3, Block 1, Beardshear's Addition } /� Instrutoent:2!l14- tlfjiilp?�b Date:hlov 17,2014 12:55:49P D Ref_ Fee: 45.iji� E-Cosa Fee: G Aud Fee: ,ij1) Trans Tax: 1�.00 R Rey_ Nonasement Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Yaamp, County Recorder Prepared by: Mark Imhoff, City of Ames Electric Engineering Division, 502 Carroll Avenue, Ames, Iowa 50010; ph. 515- 239-5175 RETURN TO: AMES CITY CLERK — BON' 811 — AMES IOWA 50010 (ENV) CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That CAMPUS INVESTORS IS, LLC,an Illinois limited liability company("CII"), its successors and assigns, does hereby grant, bargain and convey to the CITY OF AMES, IOWA, a municipal corporation (the"City"), a perpetual non-exclusive right of way and easement, with the right, privilege and authority to said municipal corporation, its successors and permitted licensees, assigns and lessees, to locate, relocate, replace, construct, reconstruct, repair, operate, maintain, patrol and/or remove the Facilities (as herein defined) for the purpose of transmitting and/or distributing electric and telecommunications in, on, through, over, under and across the following described land (the "Easement Area") in the County of Story,State of Iowa: DESCRIPTION: Beginning in the Northeast corner of the lot; thence N89°16'40"W, a distance of 64.20 feet; thence S00°01'03"W, a distance of 10.0 feet; thence S89016'40"E, a distance of 54.20 feet; thence S00°01'03"W, a distance of 19.76 feet; thence S41°04'40"W, a distance of 25.88 feet; thence S00°01'03"W, a distance of 34.36 feet; thence N60°34'21"W, a distance of 100.21 feet; thence S29°25'39"W, a distance of 5.00 feet; thence S45°48'57"W, a distance of 18.62 feet; thence S00°03'13"W, a distance of 11.23 feet; thence N45°48'57"E, a distance of 28.12 feet; thence S60°27'10"E, a distance of 95.13 feet; thence S89°27'27"E, a distance of 15.17 feet; thence N00°01'03"E, a distance of 40.00 feet; thence S89027'27"E, a distance of 12.00 feet; thence N00°01'03"E, a distance of 49.40 feet to the Point of Beginning, all in Parcel "B" of Lot Three (3), Block One (1), Beardshear's Addition in the City of Ames, Story County, Iowa; as shown on the "Plat of Survey" filed in the office of the Recorder of Story County, Iowa on August 8, 2003 and recorded as Instrument#03-16448 on slide 176,pagel. (See attached Exhibit"A"marked and made a part hereof.) together with the right of ingress and egress to, from and over the above-described premises for doing anything reasonably necessary or useful for the enjoyment of the easement herein granted,subject to the following: (a) Kingland Campus Properties, LLC, an Iowa limited liability company ("KCP") is undertaking a construction project (the "Project') on land in Parcel AA of Beardshear's Addition and Parkers Addition to the City of Ames, Story County, Iowa, being more particularly described on Exhibit "B" attached hereto (the "KCP Property") , adjacent to property owned by CII described as Parcel B in Lot 3 of Beardshear's Addition and Parkers Addition to the City of Ames, Story County, Iowa, being more particularly described on Exhibit"C"attached hereto (the "CII Property"). The easement rights and privileges granted above(the"Easement")shall be used only for the following purposes: (i) To erect, maintain, repair, and replace, at the City's sole cost and expense, Electric Service (as hereinafter defined)serving the KCP Property and CII Property and other property. CII and the City have agreed upon, and described in Exhibit"D" attached to and made a part hereof, the plans, specifications and drawings(the"Utility Plans and Specifications") for the design, content, size, method of construction and installation of(i) the relocation of the electrical utility service vaults(the"Service Vaults")serving the KCP Property and CII Property from KCP Property to CII Property and have agreed upon, and described or depicted in Exhibit "D"the approved location on the CII Property of the electrical utility service vaults, being approximately twenty two (22) feet south of the property line between the KCP Property and CII Property, and located approximately two (2) feet away from the west wall of the CII apartment building located at 119 Stanton,Ames, Iowa(the"Vault Location"), (ii)the temporary relocation of the electrical utility service lines(the"Service Lines") serving the KCP Property and CII Property and have agreed upon, and described or depicted in Exhibit "D" the approved temporary location (the"Temoora!y Conduit Location")on the CII Property of the electrical utility services lines to be located on the north wall of the building located on the CII Property and the supporting structures and operational fixtures and equipment for the support and operation of the utility service, and(iii)the permanent relocation of the Service Vaults and Service Lines on and, with respect to Service Lines, under the KCP Property and Cl[ Property and have agreed upon,and described or depicted as in Exhibit"D"the permanent location(the"Permanent Vault and Conduit Location")on the CI1 Property of the Service Vaults and Service Lines (the temporary and permanent installations described in (i), (ii) and (iii) being collectively referred to as the"Electric Service" and the Vault Location, Temporary Conduit Location and Permanent Vault and Conduit Location being collectively referred to as the"Easement Area"). (ii) The City agrees that the Utility Plans and Specifications include the obligation of the City to install concrete bollards between the Service Vaults and parking spaces on the CII Property to provide protection for the above-ground Service Vaults. During the term of the construction of the Electric Service, the City shall be entitled to use the parking space depicted in Exhibit"D"for construction activities in connection with the relocation of the Service Vaults for a period of approximately three(3)business days from commencement of such work. (b) The parties acknowledge and agree that, subject to the prior approval of CII as set forth below, the Easement includes the right,privilege and license to temporarily enter upon the CII Property as designated by CII providing reasonable access to the Easement Area upon two (2) business days prior written notice to CII (except in the event of an emergency where in such instance the City shall give such notice that is reasonable under the given circumstances)and,at CII's discretion, accompanied by a representative of CII, for purposes of accessing, constructing, inspecting, designing, maintaining,repairing,replacing and operating the Electric Service. (c) CII shall have the right to full and complete enjoyment of the Easement Area, including the right to grant other easements or licenses within the Easement Area, and no use of the Easement pursuant to this Agreement shall unreasonably impair the conduct of business in the CII Property. (d) At all times during the exercise by the City of its rights under this Easement, electric service to the CII Property will be maintained at levels of service provided prior to the commencement of the Electric Service. (e) The City accepts the Easement Area "as is", without representation or warranty on the part of CII concerning the condition thereof or the fitness of the Easement Area the City's use thereof. (0 The City shall, bear the sole cost and expense for installation of the Electric Service in a good and workmanlike manner, in accordance with all applicable requirements of any public authority and with federal,state or local statutes, ordinances, rules and regulations. The City shall, at its sole cost and expense, maintain the Electric Service in good and serviceable condition,ordinary wear and tear excepted,and in accordance with all applicable requirements of any public authority and with federal,state and local statutes,ordinances,rules and regulations. (g) If the City (or any of its contractors, agents, employees or other representatives) causes any damage to any portion of the CII Property and/or the improvements thereon in connection with the exercise of any rights granted hereunder,the City shall at all times be responsible for promptly repairing and shall pay the cost of repairing such damage. (h) City and CII agree that each shall obtain and maintain liability insurance insuring their respective interest in the easement area. (i) The City, for itself and its successors and assigns(collectively,the "City Indemnifying Parties")agree to pay, protect, indemnify, defend (with counsel reasonably acceptable to CII) and save C11 and CII's members, partners, shareholders, officers, directors, trustees, agents, and employees and each of their respective successors and assigns (collectively the, "CII Indemnified Parties") harmless of, from and against any and all liabilities, losses, damages, costs, expenses (including all reasonable attorneys' fees and reasonable expenses) causes of action, suits, claims, demands and judgments of any nature (provided, however. that nothing contained herein shall be construed to require that the City indemnify and save harmless any CII Indemnified Party from judgments, costs, expenses and liabilities arising from and after the entry of a final, unappealable and unappealed judgment finding that the injury, loss or damage was caused exclusively by the negligence, gross negligence or willful misconduct of the CII Indemnified Party seeking indemnification)arising directly from or incurred as a result of or in any manner relating to(collectively,"CII Indemnified Claims')arising out of or resulting from(i) injury to a person or persons(including death),resulting from the construction, installation,repair,relocation, maintenance,operation,existence or removal of the Electric Service or use or occupancy by the City,and the operation or activities by the City upon the Easement Area and/or the CII Property or any portion thereof, (ii) injury or damage to or loss of any property or improvements, resulting from the construction, reconstruction, installation,repair,relocation, maintenance,operation,existence or removal of the Electric Service or use or occupancy by, and the operation or activities by the City upon the Easement Area and/or the CII Property or any portion thereof,(iii)from the conduct or management of or from any work or thing whatsoever done in and on the Easement Area and/or the CII Property by the City during the duration of this Agreement,(iv)from any present or future condition of the Electric Service, (v)from any breach or default on the part of any City Indemnifying Party in the performance of any covenant or agreement on the part of the City to be performed pursuant to this Agreement, or arising from any act or negligence of any City Indemnifying Party. Grantor warrants that it has good title to the Easement Area. Ames shall not assign this Agreement without the express written consent of Cil which consent shall be in CII's sole and absolute discretion. This Agreement shall be binding upon, and inure to the benefit of the parties hereto and their respective successors and assigns. fg 0� 1 Date c Fin this— L.L—day of�C_n��,20L-1. (city) (State ALL PURPOSE ACKNOWLE GMENT CAPACITY CLAIMED BY SIGNER: STATE OF COUNTY OF ss: INDIVIDUAL CORPORATE On this Ida�'da of c .1..- y ��=/�'t�,1&a'i� A.D. 20 j � Title(s)of Corporate Of�icer(s before me, the undersigned,'a Notary Public in and for said i f <-A ,t; e&1- Sta person Ily appeared Z it!'�I ,"1 E t;t4 _Corporate Seal is affixed No Corporate Seal procured PARTNER(s):_Limited Partnership to me personally known _General Partnership or _proved to me on the basis of satisfactory evidence _Attorney-In-Fact Executor(s)or Trustee(s) to be the person(s) whose name(s) is/are subscribed to the Guardian(s)or Conservator(s) within instrument and acknowledged to me that he/she/they _Other: executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the SIGNER IS REPRESENTING: person(s), or the entity upon behalf of which the person(s) acted,executed the instrument. List name(s)of person(s)or entity(ies) /nti <s,tr ,`J L,k.- t •L' f (sign in ink) T (print/type name) Notary Public in and for the State of (Notary Seal) •`�aY a¢,,, KAREN L. WILSON Notary Public,State of Texas +� My Commission Expires '•..Eo<<;.�` March 19, 2017 pg. 9.00' Welch Avenue S00'03'13 52.43' S00'03'13"W v z 00 OD rn �O o O N N O i O J J p i O N nj O m Parcel "B" 00'03'13" 28.57' "D" z 00 ( rn 00 J N 2� J w pp� o 0 1 frl ti•�roCA O r 0 C (A CD 03� N Q Ol N N �O „F.. o J 64.20' m N89'16'40"W n „H" O 40.00' N00'01'03"E 45.85' 41.40' 1100'01'03"E N00'01'03"E 8.00' �n N00'01'03"E 11< 0 r N � J O N - J fTl LINE BEARING LENGTH "A" N45'48'57"E 28.12' "B" S00'03'13"W 11.23' z "C" S45'48'57"W 18.62' 00 Iq "D" S29'25'39"W 5.00' N "E" S89'27'27"E 15.17' P J "F" S00'01'03"W 34.36' CO "G" S41'04'40"W 25.88' m "H" S00'01'03"W 19.76' I I 00 00 p �o 00 (o 0 rn CITHF PARCEL "B" ELECTRIC UTILITY EASEMENT R�I�SBEALOT 3, BLOCK 1 III RDSHEAR'S ADDITION D—.: MEI 8/19/14 �eaelc�rav:cEs EXHIBIT 'A' y MnoKa: Sr-t 1 er 1 sca.: 1"=30' IF f Ifaskrueent:l9tf- +i"•'"^^��'111 I ' +�" r Q 9atetpor 99,2014 tole i 9A j Rec Feet 5.00 E-Caa Fee: 6 Aud Feel 409 .o: trans 00 ,pp R Roc tianaseaent Feos t,� BLII)Ii Q PA(tIi Fi�ledSrerdracordrd sinFStory Count;, Susan L.Vande K000r Countv Recorder fA wctcn AveHuc(se'n:cur-or-wAr) y _2 zN ss -AI R ir i $ AF r • 194y �t y S - m N R- .. <,<, m as $ C o 0. 6 q a An 5z AAli "IIj Z . At Ait 'lit dry n STANTM AVEHVE lf;.a HT-OP--,—) o � � �.��¢ Qa ^� � aqua no R 3 SPA $vp t ¢ 51 RE. 3 jx mca is § £4 � pg . 5 F 3) ,:, �rrly�,�a�a,2PzrP.�o,nan.,rr�l,nr n .Q1011U PS V.,Kw INST.NO, 0 64.4 8 r STORY COUNTY,IOWA SLIDE !'!(0 P OE 1 �t�� FILED FOR RECORD f AM AUG c 8 2003 SUSAN 1. qii KAMIP,Reeorder S� REM FE6 AW.FU L Prepared By: Kenneth D. Janssen 11.1:_ f..S., 612 Fifth Street, Amo:i, Iowa :)001O-6005 LEGEND; • - s<I I/)'. 30"Vpn s:n•/e°p /81.78 kr Cerr.rr,°r , V 1""sane u ,pm nr unmrmenl no,ee ne.w•'a%.ee.,.en 5r SCt :,/tl ^I .5a-,run 0."w/,:ue�A:.15 „rvay,tar✓<<r kpii ;\s G. 5rr 9•S-2, Lincoln Way (m) Msesvred ar Cwnpv,en s.s,pnaa.. ' .ken Cwnr. ,• (n) ^ n�ottes o, It<eora<a e�e:nnnam �� 11.Pwa.n 31 �.__._..v.._.-. I:a W�nq 1,'a ne 2" C89'1>'t0'! 190f%'(•n) l.v:ulnP titan eunaaGcn {s e) C�om<•9 o (aces ZONING: DCSC N 6 S.8' SCALE: 1 ' 60' n nil`! v3 o Na In ' 0 3U (D U) n. ,J rj ✓2>, J I fi c-t Alv(:a•n•,let 5,5,ari 1 T Psweaneo•'a ndd•,•a•• �,• N �; aV POINT of l- BEGINNING POINT of t• Q rare<, c,:a n P Parcel "B•' 0os aya1, acne N83'16'40"W - 190.08 :/)' ' c°'"•°< Porcel "X° 0.07 c", Narth Unn e! Lnt , /e„nr sa9'27'14" -- 189,96' (,n -,h S89'27 2 7'E •t North line o: a,e Suuth 66• 10 the Nnr(n 287' or to 1 > A Parcel "B" 12.00' to c cn z0 C 6000' 0 14,857 S F C) � � � , A°.,a."' O Q. t, 0 Q S89'27'27'E 0 0,3411 Acres 0 z N 28• a1 S 37' Parcel "V N89'27'27"W v 1+ 0 0 to 178.13' ('�o 0 24,52E3 Squore Feet 9.00' S0u1n Ure or i.ot i S89'27'27"E 1_ 0.5631 Acres O kw,n 2,1�s I uwn A..;.— -' (A O Ln r 0o U a CERTIFIC4A110N: U' N89'49'49"W — 189.88' I hereby certify that this land So.ah ,.nr. r,1 the NOnn ,547' OI rn: 1 W surveying document was prepared and '"'"e 1. n n:n Y 4 P P o.<.'r.." ,9r1'to) < th0 relo(ed lurvey work was Sak aer'ked m kr'Sur.Ly' G performed by me or under my direst PROPRIETOR S wr.,r ka,. personcl SuperviSion, :n AUCUSI, rs,•w.v.•. 66 pa. k Porull "X' 2003; of the re(IUP.St of Everett W. l:achronri, fn- Tnrro ".n,d L P• ^Or_. twr.) ferr0 !�;,rno. I..P. VI Stonton Avenue, Ames, town 50014: Porcet "l1" i[ and that I am U duty licensed Land rpma,/%• Torro P:rmo, L.P. Surveyor under the lows of the Stole"_•o o,of Iowa AFm1 on Conlroal from o.r:rPrml Robert E. ocolY• Jr. a _ o^ Trustoo o1 the '/ Robert E. Beaty, Jr. �a np rn OX,ia•' Revocable Living Trust oirn oa, doted: May 9. 1 i 9 ?:•t<ra<a 9 tn<rrom s.vm roa;eaa Svn<r,, Chamberlain Street ^°Ven.rr 1"1 RA Kennnth D. J .sen P.E., L.S. License Rene ol: 12-31-03 g romw,/1• Lne:a iron n;r. 6oa n;ee K6NNEr510, 1 ].09.e1 S..nk vuc/L,�< JAHP9F./t 1 k o.i%'ena 8138 1C)YA Descrip(,cn., on Pages & .) EP-Pilr. # 20210 •00 Au);rxt fi. 2003 N 5/2 N 1/2-Saclion 9•••83••24 PLAT of SURVEY South 126' of the North 347' of Lot 1, Porker's Addition Port of Lot 3, Block 1, Beordsheor's Addiiion ENGINEERING PLUS, INC. V Terra I irma, L.P. Ames,Iowa 515-232-8553 J 'C " CWITY 44Fp (2 OF _;) ENGINEERING PLUS, INC. 612 Fifth Slroet Ames,Iowa 50010.6005 (615)232•r563 FAX (515)233.6976 Kenneth D.Janssen,P E.L.S. Engineers Randy p.Lueth.ASLA Planners Craig L.Nelson,P.E. Land Surveyors Paul R Popalka,ASLA,AICP Landscape Architects DESCRIPTION Plat of Survey Terra Firma,L.P. Parcel "X The South 60 feet of the North 347 feet and the South 66 feet of the North 287 feet, all in Lot One(1), Parker's Addition; and the East 12 feet of the South 40 feet,of Lot Three (3), Block One(1), Beardshear's Addition; all in the City of Ames, Story County, Iowa; more particularly described as follows: "Commencing at the Northeast(NE)corner of Lot One(1), Parker's Addition, in the City of Ames,Story County,Iowa;thence S 00'02'59"W,221.00 feet along the east tine of said Lot 1 and the west line of Stanton Avenue, to the Point of Beginning; thence continuing S 00'02'59"W, 126.00 feet along said line;thence N 89'49'49"W, 189.88 feet along the south line of the North 347 feet of Lot 1;thence N 00'01'03"E,45.85 feet along the west line of Lot 1,to the Southeast(SE)corner of Lot Three (3), Block One(1), Beardshear's Addition; thence N 89"27'27"W, 12.00 feet along the south line of said Lot 3;thence N 001 01'03"E, 40.00 feet along the west line of the East 12 feet of Lot 3; thence S 89"27'27"E, 12.00 feet along the north line of the South 40 feet of Lot 3; thence N 00" 01'03"E. 41.40 feet along the west line of Lot 1; thence S 89"27' 14"E, 189.96 feet along the north line of the South 66 feet of the North 287 feet of Lot 1, to the Point of Beginning." ALTERNATE DESCRIPTION: Parcel "X" in Lot One(1), Parker's Addition and in Lot Three(3), Block One(1), Beardshear's Addition, in the City of Ames, Story County, Iowa;as shown on the"Plat of Survey'filed in the office of the Recorder of Story County, Iowa, on August , 2003 and recorded as Instrument#03- 1 Lo'149 on slide"1-7�o at Page 1 . Parcel contains: 24,528 square feet or 0.5631 Acres. �•.. ��`* K n- P.E., L.S. se LicenseRwal 12-31-03 August 7,2003 ENGINEERING PLUS, Inc. Page 2 of 3 EP-File#20210-00\Plat\(Parcel-X.Des) Plat on page 1 t�t©F `�----PAGE-2— --- 63 ENGINEERING PLUS, INC. 612 Fifth Street Amos,Iowa 50010-6005 (516)232-3653 FAX (515)233-5976 Kenneth 0.Janssen,P.E.,L.S. Engineers Randy D.Luelh,ASLA Planners Craig L.Nelson,P.E. Land Surveyors Paul R Popelka,ASLA,AICP landscape Architects DESCRIPTION Plat of Survey Terra Firma, L.P. Parcel "B"• Lot Three(3), Block One(1), Beardshear's Addition, In the City of Ames, Story County, Iowa; except the East 12 feet of the South 40 feet and except the North 28 feet of the South 37 feet of the West 60 feet thereof;more particularly described as follows: "Beginning at the Northwest(NW) corner of Lot Three(3), Block One (1), Beardshear's Addition, in the City of Ames, Story County, Iowa;thence S 000 03' 13"W, 52.43 feet along the west line of said Lot 3 and the east line of Welch Avenue;thence S 890 27'27"E.60.00 feet along the north line of the South 37 feet of Lot 3;thence S 00'03' 13"W,28,57 feet along the east line of the West 60 feet of Lot 3;thence N 89' 27'27"W, 60.00 feet along the south line of the North 28 feet of the South 37 feet of Lot 3;thence S 00° 03' 13"W. 9,00 feet along the west line of Lot 3;thence S 89' 27'27"E, 178,13 feet along the south line of Lot 3;thence N 00'01'03"E, 40,00 feet along the west line of the East 12 feet of Lot 3; thence S 89" 27'27" E, 12.00 feet along the north line of the South 40 feet of Lot 3;thence N 00e 01'03"E, 49.40 feet along the east line of Lot 3; thence N 89" 16'40"W, 190.08 feet along the north line of Lot 3, to the Point of Beginning." ALTERNATE DESCRIPTION: Parcel "B" in Lot Three (3), Block One(1), Beardshear's Addition, in the City of Ames,Story County, Iowa; as shown on the"Plat of Survey"filed in the office of the Recorder of Story County, Iowa, on August , 2003 and recorded as Instrument#03- 1 b_4y9 on slide. 1-)�p_at Page_ I . Parcel contains: 14,857 square feet or 0.3411 Acres. Y� . K nneth D.Jan en P.E.,, L.S. 7cJJi'' License Renewal 12-31-03 August 7, 2003 ENGINEERING PLUS, Inc. Page 3 of 3 EP-File#20210-00\Plat\(Parcel-B.Des)51.iDE_.l.___.� _�_____PAGE 3 Plat on page 1 P � -- ] }- -- -- n 3A¥NO INVS6 ■ ' � ( ƒ | ƒ � LL) | _ G § \ . LLJ | | | § e \ . l � § r � ! . x f , G § Kk . , k§ | lu , « r • _ —__ % a - . ® J�a ,Nla6332 . 2\ mly� CAN mJisq � | §� �) An §g I a 2� a3s0 V ' §k ) k Q � 7/ , / . \§ \§ 0 I j . 1L� � - I I I I �§ I - I ■s I � i / \ ¥H 2M Kt 'IrAVi H 2m I - - ME