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Home My WebLink AboutA011 - Electric Facilities Easement dated August 22, 2006, Instrument No. 200600012581 Instrument:2006- 00012581 n Date:Oct 1I►2006 01:51:18P D Rec Fee: 40.00 E-Com Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rec tknagement Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story Counts, Iowa Susan L. Vande Kama► County Recorder CITY OF AMES ELECTRIC FACILITIES EASEMENT Recorder's Cover Sheet Preparer Information: William D. Bartine Belin Lamson McCormick Zumbach Flynn 666 Walnut Street, Suite 2000 Des Moines, Iowa 50309 515-243-7100 Taxpayer Information: (name and complete address) Wal-Mart Stores, Inc. 2001 SE 10th Street Bentonville, AR 72716 Return Document To: (name and complete address) CHARLES F BECKER/BELIN LAMSON MCCORMICK ZUMBACH FLYNN 666 WALNUT ST -STE 2000, DES MOINES IA 50309-3989 Grantors: Grantee: Wal-Mart Stores, Inc. City of Ames, Iowa Ward Development, L.C. Meyers Family Investments, LLC Legal Description: See Exhibit A commencing at Page 7. Document or instrument number of previously recorded documents: Not Applicable. NOTE: this cover page is prepared in compliance with Iowa Code Section 331.606b, (2005). This cover page is provided for information purposes only. William D. Bartine ISBA#000000271 CITY OF AMES ELECTRIC FACILITIES EASEMENT KNOW ALL MEN BY THESE PRESENTS: That WAL-MART STORES, INC., a Delaware corporation; WARD DEVELOPMENT, L.C., an Iowa limited liability company; and MEYERS FAMILY INVESTMENTS, LLC, an Iowa limited liability company, do hereby grant, bargain, and convey to the CITY OF AMES, 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: See Exhibit A commencing on Page 7. (See attached plat marked and made a part hereof.) 1. The grant of this Electrical Facilities Easement is 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 that 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. Grantors warrant that they have good title to their respective portions of the above described premises and that there are no encumbrances that will limit or interfere with the rights granted herein to Grantee. 3. The Grantors, their respective 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. 4. 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 -2 - City's failure to use due care in its exercise of the rights, privileges, and authorities granted. 5. Notwithstanding anything to the contrary in the foregoing: A. Grantee agrees to use due care in any use of the easement herein granted and in the construction, installation, repair, replacement, and maintenance either Grantee's improvements or the easement area as provided for herein so as not to unreasonably disturb Grantors' use of their respective properties. Grantee agrees to return the easement area to its condition that existed prior to the installation of any of its improvements in the easement area, including but not limited to the replacement of any sod, landscaping, paving, or other improvements that existed within the easement area prior to such installation. B. Grantee will forever waive and hold Grantors harmless for, and defend Grantors against, any claims, losses, causes of action, and suits that arise from Grantee's, its agents', employees' or invitees' acts or omissions, including but not limited to the use of the easement herein granted, and Grantee will indemnify Grantors for any losses suffered due to any such claims, losses,causes of action,or suits. C. The easement granted hereunder is a permanent easement and will continue in full force and effect so long as the easement is used by the Grantee, its successors and assigns. Notwithstanding the foregoing, Grantors shall have the right at its sole option and expense to relocate said easement upon Grantors' properties. Upon fifteen (15) days written notice Grantee shall release, vacate, and extinguish all its rights granted pursuant to this easement. D. Grantee shall not interfere with Grantors' business operations while utilizing this easement. E. In exercising any rights and privileges under this easement, Grantee shall comply fully with any federal, state, or local laws, regulations, ordinances, permits, or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the"Storm Water Requirements"). F. Grantee shall secure, maintain, and comply with all required licenses, permits, and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement, and maintenance of either Grantee's improvements or the easement area as provided for herein. Grantee shall comply with any and all applicable federal, state, and local laws, rules, regulations, statutes, codes, orders, and ordinances including, but not limited to, those governing the prevention, abatement, and elimination of pollution and/or protection of the environment and the employment of its workers. G. Grantee shall (i)comply in all respects with all immigration laws, statutes, rules, codes, and regulations, (ii)properly maintain all records required by the United States Citizenship and Immigration Services(the"USCIS"), including,without limitation,the completion and maintenance of the Form I-9 for each of Grantee's employees, and -3 - (iii)respond in a timely fashion to any inspection requests related to such I-9 Forms. Grantee shall fully cooperate in all respects with any audit, inquiry, inspection, or investigation that may be conducted by the USCIS of Grantee or any of its employees. Grantee shall, on a bi-annual basis during the term of this easement, conduct an audit of the I-9 Forms for its employees and shall promptly correct any defects of deficiencies that are identified as a result of such audit. Grantors may, in their sole discretion, terminate this easement immediately if, at any time during the term, (x)Grantee violates or is in breach of any provision of this paragraph or(y)the USCIS determines that Grantee has not complied with any of the immigration laws, statutes, rules, codes, and regulations of the United States. Grantee shall require all subcontractors performing any work on Grantee's improvements or the easement area as provided for herein to make the covenants set forth in thiss paragraph. Dated at Ames, Iowa,this Z 7- w day of �-�. S I't S - ,2006. WAL-MART STORES,INC., a Delaware corporatio By: Name: Title: Regional vice President STATE OF � SS: COUNTY OF ) This instrument was acknowledged before me on the�° day of August,A006.by l ` r-W C Ol a 0r as v f of Wal- Mart Stores, Inc. , EARY SEAL "guirre, Notary Public Notary Public in and the State of Iowa ty,State of Arkansasion Expires 4/1/2011 ArW qw A v t a sy , _ Wal-Mari Legal Team -4 Date — Dated at Ames, Iowa, this day of %;54> 2006. WARD DEVELOPMENT,L.C., an Iowa limited liability company By: Name. Title: STATE OF IOWA ) SS: COUNTY OF ST YR 1 ) This instrument was acknowledged before me on the day of 2006 by {��G(1�`T)N� as M of Ward Development, L.C. CRAIG R.HASTINGS CommiWon Number 131W Notary Pub c n and for the Statr Iowa My Commission Fires ow. June 26,2W7 - 5 - Dated at Ames, Iowa, this day of ,2006. MEYERS FAMILY INVESTMENTS, LLC, an Iowa limited liability company By: 5- Name e Title: STATE OF SS: COUNTY OF Crary. ) This instrument was ackno ledged before me on the 30 day of , 2006 by Sef f Q. N\e-y e✓. as of Meyers Family Investments, LLC . e%Ac (L + JOH J CODER J — _AN T�Commission Number 724248 My "mmission Expires Notary POiblic in and for the State of Iowa d-m054i.':06 eas times electric faciiities.004.doc -6- EXHIBIT �_ ELECTRIC EASEMENT AUGUST02 2M B.F.A. 003-2735 FOUND IRON R00 AT THE N.E CORNER PARCEL AF - �------ _ ' EAST 41.13'-( SOUTH 498.25 ;_� _ __,.-_ . -__;-'--�t}}„��. �'•-'".�- ___a'NORRI 5Ot.26r AL 1yF"ST J>. 3� "74'O7Q9'E R-29Q00' ARC-156.84' ` l � 1 - - J J - i4 RO'100' R- P 1 ARC- CHHO-2tisi ;4 42223 I CHD-208. to:( �<r ix;�si:�:;ss: • -__ I /' '`-,,_�-�• 113 r 1 k _ 2615 - : . . s: r _ ram. -•- y .-w -t'` --'•-.3�'{'EruWn l>D' .� : ............. N26'48'1E 1jt NOO'342Il`W 1OJ)0' i � 's QESCRtP110N: Electric Easement x i A tract of lend being port of Lot 1 of 'viol-Nort's Subdivision Fnt Addition'(unreurorded), being part of Parcel .......� AA', Instrument No.03-09980, filed on May 20. 2003. part of Parcel AE of 'Not of Survey'Instrument No. r p 2005-00001038,recorded on January 27, 2006 on Slide 269, Page 3, part of Pared AF of'Plat of Survey' y Instrument No. 2006-00001039. recorded on January 27. 2006 on Slide 269, Page 5. part of Parcel AH of Plat of Survey'instrument No. 2006-00001040. recorded an January 27, 2006 on Slide 270, Page 1 all in the Story County Recorder of Deeds Office a9 being part of the Northwest Quarter of the Southeast Quarter and port of the 3 Southwest Quarter of the Northeast Quarter of Section 11. Township 83 North, Range 24 West of the stir P.N., City of Ames. Story County,Iowa to at Commencing at a found iron rod at the northeast corner of said Lot 1, also being on that east line of said Parcel AF, also being the southeast comer of Southeast 5th Street; thence along the north line of said Lot 1, also being the south right-of-soy line of said Southeast 5th Street S89-36'-44'W 91.40 to the point of t. fD„< beginning; thence leaving said line South 428.49 ft. to a point; thence West 41.15 ft. to a point; thence Souths' 496.25 ft. to o point; thence West 417.32 ft. to a point; thence N55'-29'-07'W 26.15 ft. to a found iron rod of 1 Y to northwest comer of said Parcel 'AE', also being an the south line of said Parcel AA'; thence *long said south One N891-33'-12'W 92.39 tL to a pant; thence leaving said One NW-26'-48"E 10.00 fL to a point; ; C "-- thence 587-33'-12'E 113.30 ft. to a pant; thence S55'-29'-07'E 8.21 ft. to a point;thence East 445.10 ft, to a point; thence North 501-25 ft. to a point; thence East 41.15 ft. to a pant; thence North 393.35 fL to a _-__.-- point; thence S87-36'-44'Y( 78.73 fL to a pant; thence along a curve deflecting to the left having a radius of Z90.00 fL. an arc length of 156.84 fL. a chord bearing of574'-OJ'-09'Mf, a chord distance of 154.93 fL to a pant; thence along a curve deflecting to the right having a radius of 390.00 fL,on arc lon�th of 214.19 fL, a chord bearing of S7V-2l'-34 W. a chord distance of 211.51 ft. to a point; thence NW-54-18'1f 72.82 ft. to s o pant; thence N89•-54'-45'W 133.15 ft. to a pant; thence N89•-56'-IG'W 99.90 fL to the weal Una of said - ?_. Lot is thane along said west him N00'-34'-29'W 10.00 ft. to a found iron rod at the northwest caner of said --- ' Lot i, also being on said south right-of-way line; thence leaving said went line along said right-of-way line and t the north line of said Lot I S89'-56'-16'E 100.01 ft. to a found iron rod at the northwest comer of said . "'°""-• . ..-.H-• - Parcel 'lei'; continue thence along said right-of-way One and said north lot line and the north Vne of said _ Parch AH S891-54'-45'E 133.15 ft. to a (curia iron rod, thence S87-54•-16"E 72.64 k to a found iron rod, thence leaving the north One of said Parcel AH' along a curve deflecting to the left having o radius of 380.00 ---- - ft., an arc length of 205.8a ft.. a chord bearing of 574•-22'-237E, a chord distance of 205.26 fL to a found •.._ &an rod, thence along a curve deflecting to the right having a radius of 300.00 ft..an arc length of 162.24 fL. '.'.�. a chard bearing of N74-0T-09'E, a chord distance of 160.27 it. to o found iron rod, thence W89'-36'-44'E f 98.79 fL to the point of beginning,containing 0.85 *cuss. Subject to any and all easement, restrictions. ---- conditions. etc. of record. •,...'�a+^� ��:� a s EXHIBIT A Ames, Iowa Wal-Mart B.F.A. Project No. 03-2735 August 2, 2006, M.R.F. DESCRIPTION: Electric Easement A tract of land being part of Lot 1 of"Wal-Mart's Subdivision First Addition" (unrecorded), being part of Parcel "AA", Instrument No. 03-09980, filed on May 20, 2003, part of Parcel AE of "Plat of Survey" Instrument No. 2006-00001038, recorded on January 27, 2006 on Slide 269, Page 3,part of Parcel AF of"Plat of Survey" Instrument No. 2006-00001039, recorded on January 27,2006 on Slide 269, Page 5,part of Parcel AH of"Plat of Survey" Instrument No. 2006-00001040, recorded on January 27, 2006 on Slide 270, Page 1 all in the Story County Recorder of Deeds Office all being part of the Northwest Quarter of the Southeast Quarter and part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 83 North,Range 24 West of the 5th P.M., City of Ames, Story County, Iowa to wit: Commencing at a found iron rod at the northeast corner of said Lot 1, also being on the east line of said Parcel AF, also being the southeast corner of Southeast 5th Street; thence along the north line of said Lot 1, also being the south right-of-way line of said Southeast 5th Street S890-36'-44"W 91.40 to the point of beginning; thence leaving said line South 428.49 ft. to a point; thence West 41.15 ft. to a point; thence South 496.25 ft. to a point; thence West 417.32 ft. to a point;thence N55°-29'-07"W 26.15 ft. to a found iron rod at the northwest corner of said Parcel "AY, also being on the south line of said Parcel "AA"; thence along said south line N890-33'-12"W 92.39 ft. to a point; thence leaving said line N00°-26-48"E 10.00 ft. to a point; thence S89°-33'-12"E 113.30 ft. to a point; thence S550-29'-07"E 8.21 ft. to a point; thence East 445.10 ft. to a point; thence North 501.25 ft. to a point; thence East 41.15 ft. to a point; thence North 393.35 ft. to a point; thence S89°-36'-44"W 78.73 ft. to a point; thence along a curve deflecting to the left having a radius of 290.00 ft., an arc length of 156.84 ft., a chord bearing of S74°-07'-09"W, a chord distance of 154.93 ft. to a point; thence along a curve deflecting to the right having a radius of 390.00 ft., an arc length of 214.19 ft., a chord bearing of S74°-2l'-34"W. a chord distance of 211.51 ft. to a point;thence N89°-54'-18"W 72.82 ft. to a point; thence N890-54'-45"W 133.15 ft. to a point; thence N89°-56'-IVW 99.90 ft. to the west line of said Lot 1;thence along said west line N00°-34'-29"W 10.00 ft. to a found iron rod at the northwest corner of said Lot 1, also being on said south right-of-way line;thence leaving said west line along said right-of-way line and the north line of said Lot 1 S89°-56'-16"E 100.01 ft. to a found iron rod at the northwest corner of said Parcel"AH"; continue thence along said right-of-way line and said north lot line and the north line of said Parcel "AH" S89°-54'-45"E 133.15 ft. to a found iron rod,thence S89°-54'-18"E 72.64 ft. to a found iron rod,thence leaving the north line of said Parcel "AH" along a curve deflecting to the left having a radius of 380.00 ft., an arc length of 208.88 ft., a chord bearing of SW-22'-23"E, a chord distance of 206.26 ft. to a found iron rod, thence along a curve deflecting to the right having a radius of 300.00 ft., an arc length of 162.24 ft., a chord bearing of N74°-07'-09"E, a chord distance of 160.27 ft. to a found iron rod,thence N89°-36'-44"E 98.79 ft. to the point of beginning, containing 0.85 acres. Subject to any and all easement, restrictions, conditions, etc. of record. - 7 - Pq. g