The URL can be used to link to this page

Home My WebLink About~Master - Electric Facilities Easement - 2108 Isaac Newton Drive Instrument 0: 2021-02682 03/03/2021 09:11:47 AM Total Pages: 3 EASE EASEMENTS Recording Fee: $ 17.00 Stacie Herridge, Recorder, Story County Iowa Return to: ®III F1 WIV,I Olrl'11400110:II VA1111111 Ames City Clerk Box 811 Ames IA 50010 Prepared by&R uua*o: Bayley Barrios Lain;Ames Electric Services;502 Carroll Ave,Ames,IA 50010;515-293-5177 CITY OF AMES ELECTRIC FACILITIES EASEMENT I. KNOW ALL MEN BY THESE PRESENTS: That the undersigned, Lois M. Haverkama, an unmarried individual, its successors and assigns (the "Grantor"), for good and valuable consideration the sufficiency of which is acknowledged, does hereby grant, bargain,and convey to the City of Ames, Iowa, a municipal corporation, its successors, licensees, assigns and lessees (the "Grantee"), the perpetual right to enter upon a parcel of land owned by Grantor, locally known as 2108 Isaac Newton Dr, Ames, IA, and legally described as: Parcel A in the South Gateway Development, City of Ames, Story County, Iowa (hereinafter referred to as the "Property") with the right, privilege, and authority to carry out that "Electric Vehicle Charging Station Site Host Agreement", entered into on August 31,2020 between Grantee and lessee of the.Property,Kum & Go, L.C., an Iowa limited liability company, to locate, relocate, replace, construct, reconstruct, repair, operate, maintain, improve, patrol, and/or remove an electrical vehicle charging station ("EV Stations"), and other reasonably necessary equipment incident thereto (collectively "Facilities") hereinafter set forth, upon, over, under, and across the area generally depicted and labeled as "25' x 75' Electric Facilities Easement" on the attached "Exhibit A", located in the County of Story, State of Iowa, legally described as: The East 25 feet of the North 75 feet of Parcel "A" in the South Gateway Development, City of Ames, Story County, Iowa (the"Easement Area") This Easement is being given together with (a)the right, privilege and authority to trim, cut and remove from said premises any trees, overhanging branches or other obstructions, (b) the right of ingress and egress to, from and over the above-described premises for doing anything necessary or useful for the enjoyment of the easement herein granted, and ( c) all other rights, easements, privileges and appurtenances, in or to said lands, which may be required for the full enjoyment of the rights herein granted,together with the right to assign or grant partially or wholly to others the right or license to use the easement brreip ggra��ppted or any part thereof for the usrs and with the rights h rein specified. 2. Facilities mc�ludes such underground conduits, pipes, manholes, service boxes, wires, cables, and electrical conductors; aboveground marker posts, risers, and service pedestals; underground and aboveground switches, fuses, tenrinals, and transformers with associated concrete pads; electric vehicle charging supply equipment,bollards and/or curbs or other associated safety equipment,associated signage and fixtures and appurtenances necessary to any and all thereof, as Grantee deems necessary for the distribution of electric energy and communication purposes located within the Easement Area. 3. Grantor shall not erect, place or construct, nor permit to be erected, placed or constructed, any temporary or permanent building, structure, fence, trees, plants or any other such obstruction, within the Easement Area. 4. Grantor shall provide, at all times, a delineated space surrounding each EV Station, so that each EV Station may be accessed and used by an electric vehicle for charging. 5. Grantor shall not alter the terrain within the Easement Area after installation of Grantee's Facilities, without prior written consent of Grantee. 6. Grantor shall be responsible for maintaining the Easement Area and shall comply with all state and local laws governing the Easement Area. Grantee shall be responsible for maintaining the EV Station and the Facilities, as defined herein. 7. This Easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators,permittees, licensees,tenants, agents or assigns of Grantor and Grantee. Page 1 S The Easement shall remain in effect for five (5) years from the date on which the EV Station becomes available for public use, which shall be no later than December 31, 2021, as indicated in the said Electric Vehicle Charging Station Site Host Agreement. This Easement shall be automatically renewed for an additional one(1)year period and from year to year thereafter.In the event the Electric Vehicle Charging Station Site Host Agreement is terminated and the EV Station is removed,this Easement may be terminated at the written request of Grantor subject to approval by the Ames City Council. Grantee shall upon written demand therefor execute and record a Release of Easement, at Grantor's expense. 9. Grantor warrants that she has good title the Property and Easement Area and that there are no encumbrances which will limit or interfere with the rights granted herein to Grantee. 10. The foregoing rights are granted upon the express condition that the City of Ames, Iowa, will assume all liability for all damages to the Property and to the Easement Area caused by the City's failure to use due care in its exercise of the rights, privileges and authorities granted. 11. Each of the provisions of this Easement shall be enforceable independently of any other provision of this Easement and independent of any other claim or cause of action. In the event of any matter of dispute arising out of or related to this Easement, it is agreed between the parties that the law of the jurisdiction and location where this Easement is recorded (including statute of limitation provisions) will govern the interpretation, validity and effect of this Easement without regard to the place of execution or place of performance thereof, or any conflicts or law provisions. 1 S-f. Dated in Ames, Story County, Iowa on thisVday of February,2021. GRANTOR: Lois M. Haverkamp, an individual C ♦� 1 l�A.0 17 VLF (Grantor's Signature) STATE OF IOWA; COUNTY OF STORY: J8�3- On this)d i day of February, 2021, before me, a Notary Public in and for said State, personally appeared LOIS M. HAVERKAMP, to me personally known, or proved to me on the basis of satisfactory evidence,to be the person whose name is subscribed to the within instrument,and acknowledged to me that she executed the instrument. / �pN THER M SOLBERG " Commission Number 781426 Notary Public in and for the aid State My Commission Expires November 21. 2022 Page 2 EXHIBIT "A" to the City of Ames Electric Facilities Easement � � I � � I I � I I � I I � I � � I ISAAC NEWTON DRIVE N89'48'46"W S89'48'46"E 340.00' 13.06 S67'30'00 W - 10, P.U.E. 102.77' S33'45'00"W -- 32.92' \ / 75 o ,., 25 X 75 W I ;� ELECTRIC p I 10' ELECTRIC 25 o FACILITIES Z I EASEMENT EASEMENT W (the City of Ames > to Q I I I N "Easement Area") NI Z M( LS89-49'0,3"E O Lj I 70.00' 7 PARCEL B Q 3 I a_ PARCEL A 1 66920.01 SQ FT p 0I � 139198.91 SQ FT 1 1.54 ACRES u7 3.20 ACRES of N Z I I w 1 I I N o I(n I I I 5' BICYCLE PATH EASEMENT _ 196.9�- - — — — -- — — — —- — —_ — — S86-42'53"W N89'48'46"W 303.23' SE 16TH STREET ELECTRIC FACILITIES EASEMENT DESCRIPTION: THE EAST 25 FEET OF THE NORTH 75 FEET OF PARCEL A IN THE SOUTH GATEWAY DEVELOPMENT, CITY OF AMES, STORY COUNTY, IOWA. PARCEL A ELECTRIC FACILITIES EASEMENT Ames, S. GATEWAY DEVELOPMENT Drawn: MEI 9/16/20 Drawing Number AMES, I 0 WA Checked: EXHIBIT 'A'1 Approved: Sheet 1 of 1 Scale: 1"=80'