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Home My WebLink AboutA003 - Memo from Legal Department dated December 17, 2021 Voss, Diane From: Feilmeyer, Victoria Sent: Friday, December 17, 2021 9:16 AM To: Voss, Diane Cc: Imhoff, Mark Subject: FW: EV Easement recorded Dec 6 2021 Attachments: 20211207094430.pdf Importance: High Diane: I have the exhibits for this Easement in my office now (Mark Imhoff provided to me). When the easement comes back from the Recorder, please let me know an I will drop by with the Exhibits and we can send for re-recording. Ames Victoria A. Feilmeyer Assistant City Attorney 515.239.5146 nnain 1515.239.5142,fax victoria.feilmeyer@cityofames.org I City Hall, 515 Clark Avenue I Ames, IA 50010 www.CityofAmes.org I —Caring People —Quality Programs— Exceptional Service " From: Feilmeyer, Victoria Sent: Tuesday, December 7, 2021 10:00 AM To: Barrios Lain, Kayley<kayley.lain@cityofames.org> Cc: Voss, Diane <Diane.Voss@cityofames.org> Subject: EV Easement recorded Dec 6 2021 Importance: High Hi, Kayley: I was contacted regarding the attached Easement recorded yesterday as Instrument 2021-15271. The document refers to three Exhibits (A, B, and C)which are not actually attached to the Instrument. The Recorder needs this information (legal description, in particular) in order to properly index the document. This is easy to fix—when Diane's office gets the original back from the Recorder post-processing (normally about a week), we just need to attach the Exhibits and re-file the document with the Exhibits attached. Please send Diane the Exhibits so that she is in a position to re-record the document. Thank you. i City of Ames;(env) Box 811 Instrument is: 2021-15217 12/06/2021 11:32:53 AM Tot.1 Pege 3 Ames IA 50010 EASE EASEMENTS s R•oerdl ng Fw: 0..eerd:r, Star, County Iou Staab N!rr ldp�, Prepared by: Kayley Barrios Lain,City of Ames Electric Administration Division,502 Carroll Ave,Ames,IA 50010;ph. 515-293-5177 CITY OF AMES ELECTRIC FACILITIES EASEMENT This EV Electrical Easement,dated as of November 30,2021,by and between Wells Fargo Bank,N.A. ("Grantor")and the City of Ames,Iowa,a municipal corporation("Grantee"),recites and provides: WITNESSETH: Grantor is the owner of certain property located in Story County, Iowa, commonly known as 3910 Lincoln Way,Ames,Iowa,and legally described on Exhibit A,attached hereto and made a part hereof ("Grantor's Property"). Grantor, for good and valuable consideration the sufficiency of which is acknowledged,does hereby grant,bargain and convey to Grantee a perpetual non-exclusive electrical facilities easement("EV Electrical Easement"),to install,locate,relocate,replace,construct,reconstruct, repair,operate,maintain,improve,patrol and/or remove underground conduits,pipes,manholes,service boxes,wires,cables,and electrical conductors;aboveground marker posts,risers,and service pedestals; underground and aboveground switches,fuses,terminals, and transformers with associated concrete pads;and fixtures and appurtenances to any and all thereof,as Grantee reasonably deems necessary for the distribution of electric energy purposes (collectively, "Facilities"), together with all rights and privileges hereinafter enumerated pertaining to the EV Electrical Easement,upon,over,under and across a portion of Grantor's Property,as more particularly described on Exhibit B,and depicted on Exhibit C attached hereto and made a part hereof("EV Electrical Easement Area")to serve an electric vehicle charging station located on the property adjoining Grantor's Property"EV Charging Station"),The EV Electrical Easement is subject and subordinate to all other easements existing as of the date hereof and affecting any part of the EV Electrical Easement Area. The EV Electrical Easement is granted subject to the following terms and conditions: PROVISIONS: I. All work undertaken by Grantee pursuant to this EV Electrical Easement shall be(i)at Grantee's sole cost and expense;(ii)in compliance with all applicable codes,ordinances,rules,regulations or laws; and(iii)completed in a good and workmanlike manner.No part of Grantor's Property outside of the EV Electrical Easement Area shall be used for the staging or storage of equipment,materials or vehicles. Grantee shall be responsible for restoration of any damage caused to Grantor's Property during any entry by Grantee onto Grantor's Property pursuant to this EV Electrical Easement,whether or not such damage is located in EV Electrical Easement Area. 2. Subject to Grantee's obligations set forth herein,Grantor shall be responsible for maintaining the EV Electrical Easement Area and shall comply with all state and local laws governing the EV Electrical Easement Area.Grantor reserves the right to make use of the EV Electrical Easement Are in a manner which is not inconsistent with the rights herein conveyed and which does not interfere with Grantee's use of the EV Electrical Easement Area, 3. Grantee shall have the right to trim,cut and remove from the EV Electrical Easement Area any trees,overhanging branches or other obstructions in compliance with all applicable codes,ordinances, rules,regulations or laws. 4. Grantee shall have the right of ingress and egress to,from and over the EV Electrical Easement Area to exercise the rights granted herein. 2021-15217 EASE 12/06/2021 11:32:53 AM Page 2 of 3 5. Except as may be required to comply with all applicable codes,ordinances,rules,regulations or laws,Grantor shall not erect,place or construct,nor permit to be erected,placed or constructed,any new temporary or permanent building,structure,fence,trees,plants or any other such obstruction,within the EV Electrical Easement Area.Notwithstanding the foregoing,in no event shall Grantee remove light poles, fencing, irrigation lines, pavement or curbing existing at the execution of this EV Electrical Easement(or replacements for same)without fully repairing any damage and restoring the area to the condition that existed prior to the exercise of its rights hereunder. 6. Except as may be required to comply with all applicable codes,ordinances,rules,regulations or laws, Grantor shall not alter the terrain within the EV Electrical Easement Area after installation of Grantee's Facilities,without prior written consent of Grantee,which consent shall not be unreasonably conditioned,delayed,or denied. 7. This EV Electrical 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. Grantee shall have the right to assign or grant partially or wholly to others the right or license to use the EV Electrical Easement Area herein granted or any part thereof for the use and with the rights herein specified. g. This EV Electrical Easement shall remain in effect from the date hereof through the earlier of(i) five(5)years after the date on which the EV Charging Station becomes available for public use or(ii)June 30,2027. This easement shall automatically renew for additional one-year periods thereafter.In the event the host agreement related to the EV Charging Station is terminated and the EV Charging 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 thereafter remove the Facilities from Grantor's Property,restore the damage caused by such removal,and execute and record a release of the EV Electrical Easement,all at Grantee's expense. 9. The foregoing rights are granted upon the express condition that the City of Ames,Iowa,will assume all liability for all damages to Grantor's Property caused by the Grantee's failure to use due care in its exercise of the rights,privileges and authorities granted. 10. Grantor has good title to Grantor's Property and there are no encumbrances which will limit or interfere with the rights granted herein to Grantee;provided,however,this non-exclusive EV Electrical Easement is subject to any existing easements and Grantee is responsible for locating any such existing easements. 11. Each of the provisions of this EV Electrical Easement shall be enforceable independently of any other provision of this EV Electrical 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 EV Electrical Easement,it is agreed between the parties that the law of the jurisdiction and location where this EV Electrical Easement is recorded(including statute of limitation provisions)will govern the interpretation,validity and effect of this EV Electrical Easement without regard to the place of execution or place of performance thereof,or any conflicts or law provisions. [Signature page follows.] 2 202 1-1 52 1 7 EASE 12/06/2021 11:32:53 AM Page 3 of 3 Grantor:Wells Fargo Bank,N.A. By: 1� . ............../.r Print ame:.._ Jp /� ...Cqn r t Title: Vice President Date: STATE OF NORTH CAROLINA CITY/COUNTY OF -,to wit: �y The foregoing EV Electrical Easement was acknowledged before me this _"day of NOVs-11f2021, by John CIRK+re-I 1 ,who has prescnted identification of a state issued driver's license.,and voluntarily acknowledged this instrument as a Vice President of Wells Fargo Bank,N.A.,a national banking association,on behalf of the association. t7nt�ry f'iiblic Nri'inwr puauc tMKAianNryi County,North C—IM i Canimisdrxi E plron r�s+ehlb,BG+RR My Commission Expires:'3 3