HomeMy WebLinkAboutA003 - Emergency Access Easement RETURN TO:
KINGLAND CAMPUS PROPERTIES, LLC
1401 6TH AVE. SOUTH
CLEAR LAKE, IOWA 50428
I Instrument!2014- 00002472
Date:Apr 09►2014 10:05:18A
D Rec Fee: 10.00 E-Com Fee: 1.00
Aud Fee: .00 Trans Tax: .44
R Rec Management Fee: 1.00
Non-Standard Page fee: .00
Filed for record in Storg County, Iowa
Susan L. Vande Kamp, County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Judy K. Parks,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010(515-239-5146)
Return recorded document to: City Clerk,City of Ames, 515 Clark Avenue,Ames,IA 50010
EMERGENCY ACCESS EASEMENT
KNOW ALL PERSONS BY THIS INSTRUMENT that Kingland Campus Properties,
LLC (herein after called "Grantor"), its successors and assigns, does hereby grant unto the City
of Ames, Iowa, a municipal corporation (herein after called "Grantee"), perpetual right to the
following described easement.
1. OWNERSHIP OF REAL ESTATE. Grantor is the owner of real estate located in
Story County, Iowa, and described as follows:
Parcel AA in Beardshear's Addition and Parker's Addition to the City of Ames, Iowa.
2. CONVEYANCE AND DESCRIPTION OF EMERGENCY VEHICLE ACCESS
EASEMENT. Grantor hereby grants to Grantee a non-exclusive easement across, over and
through all vehicle parking areas and drive aisles, and all sidewalks, walkways and exterior
stairwells, as constructed and configured from time to time, (the "Easement Areas") as shall be
necessary for emergency vehicles, including but not limited to fire vehicles, equipment,
personnel and apparatus, to be able to undertake fire suppression activities, medical assistance
responses or other emergency responses. This access shall authorize emergency vehicles to be
on all parts of the Grantor's property which are accessible for vehicles, and shall allow
emergency personnel access to other portions of Grantor's property as may be necessary to
connect to firefighting water supply sources, except as follows: Grantee acknowledges that
Grantor's present development plans contemplate a 2-level parking structure (underground
parking with a surface parking deck) (the "Parking Structure"). The surface deck of the Parking
Structure is not engineered to accommodate heavy vehicles such as fire trucks, and access to the
underground portion of the Parking Structure is limited by the height of the deck. Accordingly,
Grantee acknowledges that access for fire trucks and similar heavy vehicles will be restricted
from accessing the parking areas and drive aisles of the Parking Structure. The access described
in this paragraph is permitted regardless of whether the response is to an emergency on Grantor's
property or on adjacent properties which can best be reached by access through the Grantor's
property.
3. LIABILITY AND INSURANCE. Grantor and Grantee agree that each shall
obtain and maintain liability insurance insuring their respective interest in the easement and to
share equally in any such liability, except for such liability as may be caused by the sole
negligence or intentional acts of the other, in which case that other party shall bear the entire
liability.
4. Grantee shall assume liability for all damage to the real estate described herein to
the extent that such damage is caused by failure of the Grantee to use due care in the exercise of
the rights granted by this easement.
5. The Grantor, its successors and assigns, shall not erect or cause to be placed in the
Easement Areas any structure, material, device, thing or matter of a fixed or permanent nature
that would obstruct or impede adequate access to the Property of emergency vehicles or
personnel, except as noted for restriction of heavy trucks access to the Parking Structure as noted
in Section 2.
6. Grantee shall have the right of access to the Easement Areas granted in this
Easement, together with rights of ingress and egress reasonably necessary for the use and
enjoyment of the Easement Areas for the purposes described, including but not limited to, the
right to remove any unauthorized obstructions or structures placed or erected on or above the
Easement Areas.
Dated this day of h�� , 2014.
CITY OF AMES, IOWA KINGLAND CAMPUS PROPERTIES,
LLC
BY v GL'de(� BY
Ann . Campbell, Mayor Todd A. Rognes, Pr dent and Secretary
Attestz_� dAl a . U� BY
Diane R. Voss, City Clerk J frey R. Gorball, Managing Director
STATE OF IOWA,STORY COUNTY__ /I--__ss: STATE OF IOWA,COUNTY OF STORY,ss:
14
On this � ' day of NLC 20 W,before me, his instrument was acknowledged before me on
a Notary Public in and for the State of Iowa, personally appeared -y -ZZ1� 2014, by David J. Kingland and Jeffrey R.
Ann H. Campbell and Diane R. Voss, to me personally known, and, Gorball, as President/Secretary, and Managing Director respectively,
who,being by me duly sworn,did say that they are the Mayor and City nfKi gland Campus Properties,LLC.
Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to \� \
the foregoing instrument is the corporate seal of the corporation, and a� �j ` A G
that the instrument was signed and sealed on behalf of the corporation, Notary Public in and for the State of Iowa
by authority of its City Council, as contained in Resolution No.
S adopted by the City Couric"i on the
/D/- day of �tCa,��wt� 20pk, and that a �m0
Ann H. Campbell and Diane R. Voss acknowledged the execution of r Cornml—,
"' Alfd�1�IV
the instrument to be their voluntary act and deed and the voluntary act ow My on r 720600
and deed of the corporation,by it voluntarily executed. .} � -X,fire,
Notary Public in and f6f the Stote of Iowa
tutLill L. Ripperger
48237055_2. T- 19WN Numbul46d49
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