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Home My WebLink About~Master - Electric Facilities Easement from Hurd Lincoln Way - 3800 Lincoln Way JAN 10 `G22 Instrument q: 2022-00770 01/24/2022 09.28.34 AM Total Pages: 6 EASE EASEMENTS RetUrrlt0. Recording Fee $ 32.00 Stacie Herridge,, Recorder, `Sttory� County Iowan Ames City Clerk mill fill 01 K11 h1l'.'�1ANI N11M R11111 11111 Box 811 Ames IA 50010 Prepared by: Mark Imhoff,City of Ames Electric Services,502 Carroll Ave,Ames,IA 50010;ph.515-293-5175 CITY OF AMES ELECTRIC FACILITIES EASEMENT 1. For and in consideration of the sum.of One and no/100 Dollar ($1.00), and other valuable consideration,in hand paid by CITY OF AMES,IOWA,a municipal corporation("Grantee"),receipt of which is hereby acknowledged, the undersigned owner(s) HURD LINCOLN WAY, LLC, an Iowa limited liability company ("Grantor"), does hereby grant to Grantee, a perpetual right of way and easement,with the right,privilege and authority to said municipal corporation,its successors,licensees, assigns and lessees,to locate,relocate,replace,construct,reconstruct,repair,operate,maintain,improve, patrol and/or remove an electric vehicle charging station("EV Station"),and other reasonably necessary equipment incident thereto(collectively"Facilities")hereinafter set forth,upon,over,under and across the described land in the County of Story,State of Iowa: A STRIP OF LAND 10.00 FEET IN WIDTH IN LOT 1,MCFARLAND SUBDIVISION, PLAT 2,SITUATED 5.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1, MCFARLAND SUBDIVISION,PLAT 2;THENCE SO1°12'59"W,225.79 FEET TO THE POINT OF BEGINNING;THENCE S88°44'56"E,20.00 FEET,AND THERE TERMINATING. SEE EXHIBIT`A'ATTACHED 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 herein granted or any part thereof for the uses and with the rights herein specified. 2. Facilities includes such 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;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.It is hereby acknowledged that certain utility facilities may already exist within the Easement Area on or as of the date hereof and Grantee hereby agrees that any damage that occurs to any of such pre-existing utility facilities resulting from the construction,reconstruction,operation,maintenance,replacement or removal of Grantee's facilities shall be repaired by Grantee at Grantee's sole cost and expense as soon as possible after the occurrence of any such damage 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. 1 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. 8. In the event the Electric Vehicle Charging Station Site Host Agreement is terminated and the EV Stations are 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. To the extent not prohibited by applicable law,Grantee shall indemnify,defend and hold Grantor and its tenants upon the property harmless from and against any and all liabilities, losses, damages, judgments, costs and expenses of any kind, including reasonable attorneys' fees, arising out of the negligence or intentional misconduct of Grantee, its employees and agents, on Grantor's property, including but not limited to, the Easement Area, unless caused by the negligence or intentional misconduct of Grantor or its tenant upon the property, and/or their respective employees or agents. Grantor and Grantee, and their successors and assigns,will comply with applicable federal, state and local laws in the grant and use of this easement. 10. Grantor(s)warrant(s)that(he,she,it,they)(has,have)good title to the above described premises and that there are no encumbrances which will limit or interfere with the rights granted herein to Grantee. This easement shall be deemed to run with the land described herein and shall constitute perpetual covenants binding upon all successors,and assigns of the Grantor and Grantee in the use of the Easement Area. 11. The foregoing rights are granted upon the express condition that the City of Ames, Iowa,will assume all liability for all damages to the above described property caused by the City's failure to use due care in its exercise of the rights,privileges and authorities granted. 12. 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. [SIGNATURES ON FOLLOWING PAGES] 2 GRANTOR: N AY, C " ty: v I- Oty4.ssq,Q r' STATE OF IOWA,COUNTY OF ��IC ss s instru ent was acknowledged before me this ��' `5� 2�Z by ,f as of Hurd Lincoln Way, LLC, an Iowa limited liability company,on behalf of the limltQ liability company. Notary Public in and fo e State of Iowa Q REBECCA L KILE Commission Number 709229 My Commission Expires 3 S ACCEPTED ON BEHALF OF THE CITY OF AMES BY GRANTEE: CITY OF ANIES, IOWA • John A. Haila, Mayor B Diane R. Voss, City Clerk STATE OF IOWA, COUNTY OF STORY, ss On this day of January 2022, before me, the undersigned, a Notary Public in and for the said State, personally appeared John A. Haila and Diane R. Voss,to me known to be the Mayor and City Clerk, respectively, of the City of Ames, Iowa, and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. 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