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Home My WebLink About~Master - Eletric Facilities Easement from SZ Ames Apartments Instrument p: 2022-11097 11/23/2022 09:47:32 AM Total Pages. 3 EASE EASEMENTS Recording Fee: $ 17.00 SI-acie Herridge, Recorder , Story County Iowa mill NI� 1V1 N111.hrJ1A Al WA NMI II 1 Return to: ^' Ames City Clerk Box 811 Ames IA 50010 Prepared by: Mark Imhoff, City of Ames Electric Engineering Division, 502 Carroll Avenue,Ames, Iowa 50010;ph. 515- 239-5175 CITY OF AMES ELECTRIC FACILITIES EASEMENT AGREEMENT KNOW ALL MEN BY THESE PRESENTS: That subject to the express terms and conditions of this Electric Facilities Easement Agreement (this "Agreement"), SZ Ames Apartments LLC("Grantor"),its successors and assigns,does hereby grant,bargain and convey to the City of Ames, Iowa,a municipal corporation(the"City"),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, patrol and/or remove an underground line or lines plus all relevant wires and fixtures, for the purpose of transmitting and/or distributing electric and telecommunications in, on, through, over, under and across the following described land in the County of Story,State of Iowa: DESCRIPTION: THAT PART OF LOT 1 AND LOT 2, UNIVERSITY TOWERS SUBDIVISION, FIRST ADDITION TO THE CITY OF AMES,STORY COUNTY,IOWA;PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10 FEET OF SAID LOT 1; AND THE NORTH 10 FEET OF SAID LOT 2; AND ALSO THE EAST 10 FEET OF THE NORTH 100 FEET OF SAID LOT 2. (See attached plat marked Exhibit A and made a part hereof.) together with (a) the right, privilege and authority to trim, cut and remove from said premises any obstructions within a radius of 10(ten)feet from said line or lines, wires and fixtures,as located,(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. Grantor warrants that it has 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. The Grantor(s),(his,her, its, their)tenants,heirs,successors and assigns shall have the right to use and enjoy said premises fully, except for the rights and privileges hereinbefore granted to the Grantee; provided however, that no buildings, structures or improvements either permanent or temporary in nature, nor shall the terrain be altered without prior written consent of Grantee, nor shall any other utilities be placed in, on, through, over or across the easement without Grantee's prior written consent. Notwithstanding the foregoing, the City hereby acknowledges and agrees that the easement granted hereby affects a tract of land improved with a multi-family residential structure. The City's use of the easement and areas adjacent thereto shall not unreasonably interfere with the use and enjoyment of such facilities by Grantor and any and all parties claiming by or through Grantor. The City shall, at its expense, restore or repair any damage done to Grantor's property in the course of or as the result of the City's use of the easement area, including, without limitation, the replacement of any landscaping or pavement disturbed or damaged in the course of the City's exercise of its rights under this Agreement. With the exception of the transformer currently located within the easement area, all facilities installed or maintained by the City will be located underground. 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. The City will require all third party contractors engaged by the City to perform work upon the above described property to carry Workers' Compensation and Occupational Disease Insurance, in accordance with the laws of the State of Iowa, including Voluntary Compensation and Other States Coverage, Commercial/Business Automobile Liability Insurance with a limit of liability of not less than $1,000,000 combined single limit for bodily injury and property damage; coverage shall include coverage for all owned, leased, non-owned and hired automobiles, and Commercial General Liability Insurance with a limit of liability of not less than $1,000,000 each occurrence and $2,000,000 aggregate, together with additional umbrella/excess coverage of at least $1,000,000 each occurrence which follows form over the primary commercial general liability and automobile coverages. The Commercial General Liability Insurance will name as additional insureds SZ Ames Apartments LLC and The Scion Group LLC, and the City will cause its third party contractors to provide proof of insurance to Grantor upon request. SZ A es Apartments LLC By: \ Robert Bronstein,Authorized Signatory Accept4'om behalf of The City of Ames,Iowa By: Printed e/Title ALL PURPOSE ACKN WLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF COOK ) COUNTY OF ILLINOIS ) ss: INDIVIDUAL dd _X_CORPORATE On this 'A day of A.D. 2022, Title(s)of Corporate Officer(s): before me, the undersigned, a Notary Public in and for said Authorized Signatory State, personally appeared Robert Bronstein, to me personally known to be the person whose name is subscribed to the SIGNER IS REPRESENTING: within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity, and SZ Ames Apartments LLC that by his/her/their signature on the instrument the person, or the entity upon behalf of which the person(s) acted, executed the instrument. (sign in in OBiciat Seat eaver(print/t a name) Michael S Weaver Notary Public in and for the State of Illinois Notary.Public State ofiginois ( tion Expires OW01/2025 ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF ) COUNTY OF ) ss: INDIVIDUAL CORPORATE On this day of A.D. 20 Title(s)of Corporate Officer(s): before me, the undersigned, a Notary Public in and for said State, personally appeared Corporate Seal is affixed No Corporate Sea! 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) (sign in ink) (print/type name) Notary Public in and for the State of (Notary Seal) EASEMENT DESCRIPTION T THE NORTH 10.00 FEET OF LOT 1,AND THE NORTH 10.00 FEET AND THE EAST 10.00 FEET OF THE NORTH 100.00 FEET OF LOT 2,ALL IN THE UNIVERSITY TOWERS SUBDIVISION,FIRST ADDITION TO AMES,STORY COUNTY,IOWA. NW CORNER LOT 24 NE CORNER LOT 24 PARKER'S ADDITION PARKER'S ADDITION ——————————————————-F-———————————————7 Ig LINCOLN WA Y (66) NE CORNER LOT S89°57'01"E 159.19' PARCEL"V" PPR co 1333, 0 INST� w PROPOSED o 10'ELECTRIC ro EASEMENT S89°59'46"E o 62.70' EXISTING r 1 r ACCESS S890 59'46"E ——— ——— EASEMENT 99.28' NOW 14'36"E 15.27' / J EXISTINGIV ACCESS / EASEMENT EXISTING o 15'ACCESS EXISTING EASEMENT w 16 10'ELECTRIC N O ��8 I EASEMENT 0 PROPOSED 10'ELECTRIC o P' �� EASEMENT / F ai / p OJ _m '( 9 OID FCO / Z b 60. / j LOT 1 LOT 2 Z 3 I / 2311 CHAMBERLAIN STREET 111 LYNN AVENUE j cn � I11 z N88°46'04"E N a EXISTING 32.34' I 10'ELECTRIC EASEMENT o � N M� 0 z N$ I R=768.30' 21'ACCESS o A=t81,4q' Delta=12'02'20" 18.61' EASEMENT Z I 58'46"W Ch=161.14' S89°57'19"E 151.77' B=S83' CHAMBERLAIN STREET (58) PROPOSED ELECTRIC UNIVERSITY TOWERS SUBDIVISION UTILITY EASEMENT qm s FIRST ADDITION, LOTS 1&2 MEI 10/6/22 M� II I11.. EXHIBIT 'A' �pprw.a: sm t 1 or 1 1 S-W. 1"=50'