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Home My WebLink About~Master - City of Ames - Electric Facilities Easement f Instrument:2014- 00011099 M Date:Deg_ 15,2014 11:39:40A D Rec Fee: 40.00 E-Coa Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Re,_ Manaseeent Fee: 1.00 Non-Standard f'ase Fee: •10 Filed for record in Story County+ Iowa Susan L. Vande KaWP, County Recorder RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 (ENV) Prepared by: Mark Imhoff, City of Ames Electric Engineering Div., 502 Carroll Ave., Ames, IA 50010; ph. 515- 239-5175 CITY OF AMES-ELECTRIC FACILITIES EASEMENT THIS EASEMENT AGREEMENT (the "Agreement") is made as o , 2014 between U.S. BANK NATIONAL ASSOCIATION, a national banking association("Grantor") and the City of Ames ("Grantee"). A. Grantor is the fee owner of that certain real property located at 405 Main Street, Ames, Iowa, as legally described in Exhibit A attached hereto and incorporated herein, B. Grantee desires to obtain, and Grantor desires to grant, certain easement rights to and upon the Property in connection with Grantee's installation of an electrical transformer and junction box. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor and Grantee agree as follows: 1. Grant. Subject to the restrictions set forth in this Agreement, Grantor hereby grants to Grantee a nonexclusive perpetual easement over, under, along, across and through a portion of the Property as legally described on Exhibit B attached hereto and incorporated herein (the "Easement Area") solely for the construction, erection, and continued operation, maintenance, repair, alteration, inspection, removal and replacement of existing electrical transformer with a new electrical transformer and junction box (the "Utility Facilities") for distributing and transmitting of electrical energy and/or underground electric distribution 2. Term. The rights herein granted shall continue indefinitely. Notwithstanding the foregoing, this Agreement shall terminate at such time as Grantee ceases to use the Easement Area for a period of one (1) year, in which event all rights granted hereunder and any improvements remaining in the Easement Area shall revert to or otherwise become the property of Grantor. 3. Maintenance of Utility Facilities, Easement Area. Grantee shall maintain and operate the Easement, Area, Utility Facilities, and any other permitted improvements at its sole cost and expense, in a safe and workmanlike manner and shall keep and maintain the same in a professional and sightly condition at all times, including regular and routine painting of the Utility Facilities, and the removal of graffiti from the Utility Facilities. Notwithstanding the foregoing sentence, Grantee shall not be responsible for regular maintenance of the ground surface of the Easement Area once,pursuant to Section 6 hereof, Grantee has returned the Easement Area to its original condition following the initial installation of the Utility Facilities. Grantee agrees that it shall comply with all rules, laws, ordinances and requirements regarding its maintenance and use of the Easement Area and shall obtain any and all required permits and licenses at its sole cost and expense. 1 4. Indemnification. Grantee, its employees, agents and contractors hereby indemnify and hold Grantor harmless from and against any injury, expense, damage, liability or claim incurred by Grantor arising directly or indirectly from the easement rights granted by Grantor to Grantee hereunder or any act or omission by Grantee, its agents, employees, servants, contractors, or any other person entering upon the Property under express or implied invitation or consent of Grantee. Grantee further agrees to reimburse Grantor for any costs or expenses, including, but not limited to, court costs and reasonable attorney's fees, incurred by Grantor with respect to any such injury, expense, damage, liability or claim. 5. Insurance. Grantee shall require its agents and contractors, if any,to carry worker's compensation insurance as required by applicable law and commercially reasonable comprehensive liability coverage for injury to or death of a person or persons and for damage to property occasioned by or arising out of any use of the Easement Area. 6. Restrictions on Grantee's Use of Easement Area; Damage. Grantee shall use the Easement Area only as necessary for the purpose described in Paragraph 1 above, and shall use its best efforts not to interfere with Grantor's use and enjoyment of the Property. In light of the fact that Grantor operates a retail facility on the Property, Grantee shall not (i)block or in any way restrict access to or from the Property, including ensuring that the drive-thru operations are all times open and accessible; or(ii) otherwise cause Grantor's operations on the Property to be interfered with or interrupted. Grantee shall keep the Easement Area free and clear of debris at all times and shall not use the Easement Area for the storage of material. Grantee agrees to repair any and all damage caused to the Easement Area or the Property by Grantee, its employees, agents or contractors. Further, promptly after completion of the initial installation or subsequent repair or maintenance of the Utility Facilities, Grantee shall immediately repair the surface of the Easement Area to the same or better condition than it existed prior to such installation, repair, or maintenance. 7. Grantor's Use of Easement Area. Grantor may not erect on the Easement Area any building or other improvement that would interfere with the Grantee's easement rights hereunder without the prior written consent of Grantee, which Grantee may not unreasonably withhold, condition or delay, and which consent shall be deemed to have been granted if Grantee fails to grant or withhold its consent in writing on or before the tenth (loth) day following Grantee's receipt of Grantor's notice. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. 8. Default. If Grantee shall at any time violate any of the terms, covenants or conditions contained herein or fail to perform any of its obligations contained herein in a timely fashion, Grantor shall give Grantee written notice of the default and Grantee shall have 30 days to cure the default. If the default is not cured in the 30 days, Grantor shall have the right to declare this Agreement null and void and of no further force and effect. Upon such event, Grantee shall promptly remove any improvements from the Easement Area and return the Easement Area to Grantor in the same condition as existed when it was received by Grantee. 9. Notice. All notices, demands and requests ("notice") required or permitted to be given under this Agreement must be in writing and shall be deemed to have been properly given or served either on the date of hand delivery or the date such notice is deposited with the United States Mail, addressed to Grantor or Grantee, as the case may be, prepaid and registered or certified mail or delivery charges prepaid, return receipt requested, at the following addresses: To Grantee: City of Ames Electric Services 502 Carroll Avenue Ames, Iowa 50010 Attn: Electric Engineering Manager 2 To Grantor: U.S. Bank,National Association Corporate Real Estate 4480 Emerald Avenue Cincinnati, Ohio 45242 Attn: Marsha Ward Lane, Vice President with a copy to: U.S. Bank National Association 800 Nicollet Mall BC-MN-H21 R Minneapolis, Minnesota 55402 Attn: Corporate Real Estate—Corporate Counsel Telephone: (612) 303-7820 Facsimile: (612) 303-7885 Rejection or refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to be receipt of the notice, demand or request. Either party may change its notice address so long as it notifies the other party in writing. [Signature and acknowledgment pages follow.] 3 WHEREFORE, Grantor and Grantee have executed this Agreement as of the date first above written. GRANTOR: U.S. BANK NATIONAL ASSOCIATION By: Its: STATE OF ( U WO, ) SHELBY GEORGE!+?3 Commission No.781226 ) ss. My Comm.Expires Nov.07,2016 COUNTY OF PO i\ - ) On this ca day of ( , 2014, before me,the undersigned, a Notary Public in and for the State of 10 W 0,,_, duly commissioned and sworn, personally appearedW M611 , tome known to be the person who signed asQ MG of U.S. BANK NATIONAL A SOCIATION, the banking association that execuired the within and foregoing instrument, and acknowledged said instrument to be a free and voluntary act and deed and the free and voluntary act and deed of U.S. BANK NATIONAL ASSOCIATION for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said U.S. BANK NATIONAL ASSOCIATION. IN WITNESS WHEREOF I have hereunt s t my hand and official seal this day of 20 11- . Notary P 'c 4 U.S. BANK NATIONAL ASSOCIATION B STATE OF ON ) ss. COUNTY OF 8, 1LfL ) On this 340 day of p e G , 2014, before me, the undersigned, a Notary Public in and for the State of 0110 , duly commissioned and sworn, personally appeared LUfRR y ttffAb me known to be the person who signed as 5VP of U.S. BANK NATIONAL ASSOCIATION, the banking association that executed the within and foregoing instrument, and acknowledged said instrument to be a free and voluntary act and deed and the free and voluntary act and deed of U.S. BANK NATIONAL ASSOCIATION for the uses and purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of said U.S. BANK NATIONAL ASSOCIATION. IN WITNESS WHEREOF I have hereunto set my hand and official seal this 2to day of Notary Public SS�tMANN.^b r 1, C GRANTEE: CITY OF AMES By: Its: ,.uXlre- STATE OF IOWA COUNTY OF STORY On this c day of DeG-eiW h-e r , 20 before me, the undersigned, a Notary Public in and for the State of duly commissioned and sworn, personally appeared bo n a ld ko PY7 ,to me known to be the person who signed as 'DirP(jac.,C1 ies , of C444 d AmeS the GvzwfAt that executed the within and foregoing instrument, and act owledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of (A.5. nkNa a &:�6K , for the uses and purposes therein mentioned; and on oath stated th lu, was authorized to execute the said instrument on behalf of said us• Risk N !h�U stti- IN WITNESS WHEREOF I have hereunto set my hand this :9'r day of '14 cu-'bt✓ , 2014-. Notary Public Nvprc NEAL C:MA1f C " Commission Number 757184 My Ion Expires 6 EXHIBIT A Legal Description of the Property 5th Street 24' 24' 24' 24' 24 24' 24' 24' 24' 24' 10 9 5 7 c 5 4 H 2 r�) CD 4' .. 20' - - ,�" I 14.14' � �. W. 1—_L_� 16— f 107' 16 rX o o i S 20 21 22 23 24 25 2C 27 26 24' 24' 24' 24' 24' 24' 24' 24' 24' 24' Main Street LF-GAL PC5M i� NO SCALE LOTS J. 2. $. AND 4. €XCEN THE SOVTH 22 FffT OF TIDE NORTFI 87 FWr VMCATED FOR ALLEY FURfOWSi LOT 5. EXC Eff THE 5001122 FEET OF THE NOKTH 67 FEET. DEi1t ATEV FOR ALLEY PVRrOSE3. AJ40 EKOEff COhEf ME0140 AT THE SOUTHWUST OOiRNEK, THENCE hIMM 1S F ff. THENCE €AST S f-€ff. THENCE 5-WTHEAST r* 14 € ET TO A FOItNT S FEET NORTH OF THE SWTH LINE OF MO I-M THFUC E *00TH S FEET. TNENCIF WET 1.9 Ffff TO THE FOWT CIF OVOINNINOt. THE EAST 4 FEET OF THE NOM 65 FFf OF LOT Cr TFIF f 107 FFE7 OF THE ORIGINAL FLAT FD AUZY t14O V VACATFON LOTS 25. 2G. 27. AUO 28; OF VL= 16. K'3 A MTM TO AWS. 5TOKY OODUN. MA. Exhibit A (��se 7 e 5th Street 336' 24' 24' 24' 24' 24' 24' 24' 24' 24' 24' 24' 24' 12 11 10 9 6 7 G 5 4 3 2 I � �\ -j 15' +, PQ 15' -P e o CD ::5 17 18 19 20 21 22 23 24 25 2G 27 28 24 24' 24 24 24' 24' 24' 24' 24' 24' 24' 24' 336' Main Street NO SCALE LEGAL DESCRIPTI❑N THE EAST 15 FEET OF THE NORTH 15 FEET OF LOT 28 OF BLOCK 18) BLAIR'S ADDITI❑N TO AMES, STORY COUNTY) I❑WA. BLAIR'S ADDITION, LOT 28, ` ELECTRIC UTILITY BLK 18, AMES, IOWA Ames EASEMENT orern: M E I 9/19/14 Drawing Number � ::a;crcm �.c EXHIBIT „B" Approved: sheet 1 of 1 scale: NONE P"-seE