HomeMy WebLinkAbout~Master - Electric Facilities Easement at 509 Main Street Instrument N: 2023-05108
07/27/2023 09:11:49 AM Total Pages: 3
EASE EASEMENTSFee. 1700
Stacieang Herridge, aecorder, Story County Iowa
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City of Ames
Box 811
Ames1A 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
KNOW ALL MEN BY THESE PRESENTS:
This Electric Facilities Easement ("Easement") is made and entered into as of the date this Easement is
signed by the Grantor ("Effective Date"). Grantor and Grantee may be referred to in this Easement
collectively as "Parties" or"parties".
Qwest Corporation, a Colorado corporation ("Grantor"), its successors and assigns, hereby grant,
bargain and convey to the City of Ames, Iowa, a municipal corporation ("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, 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
("Easement Tract"):
DESCRIPTION:
Physical address: 509 Main St,Ames, IA 50010
THAT PART OF LOTS 23 AND LOT 24, AND ALSO THAT PART OF THE VACATED ALLEY
LYING NORTH OF AND ADJOINING SAID LOT 24, ALL IN BLOCK 17 OF BLAIR'S
ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS;
THE EAST 8 FEET AND 10 INCHES OF SAID VACATED ALLEY, AND ALSO, THE EAST 12
FEET AN 10 INCHES OF SAID LOT 24,ALONG WITH THE SOUTH 10 FEET OF SAID LOT 24,
AND ALSO, THE SOUTH 10 FEET OF THE EAST 8 FEET OF SAID LOT 23,ALL IN BLOCK 17
OF SAID BLAIR'S ADDITION.
(See attached Exhibit A 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.
Grantor warrants that it has good title to the above described Easement Tract. Grantee acknowledges
that it has conducted its own investigation of the Easement Tract, and accepts the Easement Tract in
its "As-Is," "Where-Is" and "With-All-Faults" condition as of the Effective Date, and subject to all
existing licenses, easements, leases, grants, exceptions, encumbrances, title defects, matters of record,
reservations and conditions affecting the Easement Tract or access to the same as of the Effective Date.
Grantee acknowledges that Grantor (or anyone on Grantor's behalf) has not made, does not make and
specifically negates and disclaims any representations, warranties, promises, covenants, agreements or
guaranties of any kind or character whatsoever, whether express or implied, oral or written, present or
future, of, as, to, concerning or with respect to the physical condition, characteristics and attributes of
the Easement Tract, the suitability of the Easement Tract for any activities and uses which Grantee
may or plans to conduct on the Easement Tract, and the compliance of or by the Easement Tract with
any applicable laws.
If in exercising its rights under this Easement Grantee materially and adversely damages or disturbs the
Easement Tract or Grantor's adjacent property, or any of Grantor's improvements on such adjacent
property or Easement Tract (including but not limited to such improvements as landscaping, curbing,
vegetation, equipment, pavement), Grantee will, at its sole cost and expense, promptly repair or restore
such damaged or disturbed items to the condition they were in prior to such damage or disturbance.
The Grantor, their tenants, heirs, successors and assigns will 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
will the terrain be altered without prior written consent of Grantee, nor will 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 will at'all times be subject to such acts and uses by Grantee as may be necessary for the
purposes herein set forth.
Qwest of atio
By:
6�bn
Name: LaRae D. Dodson
Title: VP of Real state and Fleet
Signature date:
NOTARY ACKNOWLEDGEMENT
STATE OF COLORADO )
CITY AND ) ss.
COUNTY OF BROOMFIELD )
The foregoing instrument was acknowledged before me this day of ,
2023 by LaRae D. Dodson, VP of Real Estate and Fleet of Qwest Corporation, a Col rado corporation.
Witness my hand and official seal. qkz�cv -
Notary Pu c
My Commission Expires: fY/,gq/
IMARY KAY ENGEL
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19924005814
MY COMMISSION EXPIRES MAY 29 2024
EXHIBIT A
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