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HomeMy WebLinkAbout~Master - Electric Facilities Easement from Story County i Instrument p: 2023-04223 ,, /27/2023 02:12:32 PM Total Pages 4 EASE EASEMENTS Return to: Shelly B Recording Fes' s 22 00 Story County Auditor's Office Stacie Urridge, Reoorder,ti Story County Iowa Wil call r�F' tth�ti� TWIN KIM 11111 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 KNOW ALL MEN BY THESE PRESENTS: That STORY COUNTY, IOWA, whose address is 900 Sixth Street,Nevada, IA 50201, and its successors and assigns, (do/does)hereby grant,bargain and convey to the City of Allies, Iowa,a municipal corporation,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 of poles 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: THE SOUTH 15 FEET OF THE EAST 110 FEET OF A LOT DESCRIBED AS LOTS 7,S,9, 10, 11 AND 12 AND THE VACATED ALLEY BETWEEN SAID LOTS, ALL IN BLOCK 2, BLACK'S SECOND ADDITION TO AMES,STORY COUNTY,IOWA. (See attached plat marked and made a part hereof.) together with (a) the right, privilege and authority to trim, cut and remove from said premises any trees, overhanging branches or other obstructions within a radius of 10(ten)feet from said line or lines of poles,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. Granlor(s)warrant(s)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),its 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;that the use of said premises shall at all times be subject to such acts and uses by Grantee as may be necessary for the purposes herein set forth. To the fullest extent permitted by law,Grantee shall indemnify,protect,and hold harmless Grantor from and against any and all third party claims and demands for damages to property,and for injury or death to persons,which may arise out of or be caused by the negligent construction or maintenance activities of Grantee related to the transmitting and/or distributing electric and telecommunications lines for which this easement is granted. Grantee shall construct,operate,and maintain the Collection Lines in accord with the requirements of the National Electric Safety Code,the Iowa Electric Safety Code,the Story County Code of Ordinances,the Rules and Regulations of the Iowa Utilities Board,and the Ames Municipal Code,to the extent that such codes,rules and regulations apply to Grantee. 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. Dated at 1Vt?1rj0. .h�AXw ,this day of c7:vim, 20 S C i t State Signature Panted Name 2023-04223 EASE 06/27/2023 02:18:32 PM Page 2 of 4 STORY COUNTY,I WA -- Y Printed Name: Title: Chair of Board of Supervisors .rt'� V .5, By: - , G•o6;� X.0. Printed Na Title: Story County Auditors STATE OF IOWA COUNTY OF STORY On this 4 AU a ( 2023,before me,a Notary Public in and for the State of Iowa,personally appeared Lafiw M15AI and LucAl Marro ,to me personally known,and who,being by me duly sworn,did say that they are the Chairperson of the Board of Supervisors and County Auditor,respectively,of Story County,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of Story County,Iowa,and that the instrument was signed and sealed on behalf of Story County,Iowa,by authority of its Board of Supervisors,as contained in Ordinance No. passed(the Resolution ado led)by the Board of Supervisors,under Roll Call No. of the Board of Supervisors on 2023 and and acknowledged the execution of the instrument to be their voluntary act and 7ed and the voluntary act and deed of Story County,Iowa,by it voI t rily executed. r Notary ITu61i �A ,G Print Name: I"IIUC[��` �Ille STAMP My commission expires: VX20 E L.SEUAA 4!Commission Numlxr 742727 My Commission Expires September 11,2024 2023-04223 EASE 06/27/2023 02:18:32 PM Page 3 of 4 GRANTEE City of Ame Iowa,a municipal corporation D Printed Name: JbtK A. MLA Title: STATE OF W4— ) ss. COUNTY OF ) This rec d was acknowledypd elo l this day of ,2023,by GJ(tG is f / of. Notary Pub he STA HALL Printed Name: G� �tOawtMrlonNirnOu 7tN My commission expires: '� - 223 FA SE 06 27 2 23 02:18:32 PM Pa e 4 of 4 :AL- S. SHERMAN AVENUE 66' 15' S00°30'04"E 197.55' 7 7 I I I I I I I I I I I I I 110, 00 1 0) I N I I �-- I I I O I CV I I � I I Q I o l O I c W ti ��',�----- - ----- - N o, Z (0 I I (0 I I I I I— W Ji I O I v- f— Q I � I 0 I Z I N 126 I I I I I N00°35'25'W 197.70' S. KELLOGG AVENUE (66') EASEMENT DESCRIPTION THE SOUTH 15 FEET OF THE EAST 110 FEET OF A LOT DESCRIBED AS LOTS 7, 8, 9, 10. 11 AND 12 AND THE VACATED ALLEY BETWEEN SAID LOTS, ALL IN BLOCK 2, BLACK'S SECOND ADDITION TO AMES, STORY COUNTY, IOWA. 126 S. KELLOGG AVE PROPOSED STORY CO. HUMAN SVCS BLDG AmpS ELECTRIC EASEMENT MEI 11/30/22 &"- EXHIBIT 'A'