HomeMy WebLinkAboutA019 - Electric Facilities Easement dated September 5, 2006, Instrument No. 200600012582 E
��Instrunent:2006- 00012582
fl Date:Oct lIP2006 01:51:54P
D ec Fee: 30.00 E-Coa Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Nanageaent Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Stors Countge Iowa
Susan L. dande KaMpr Counts 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 loth Street
Bentonville,AR 72716
Return Document To: (name and complete address)
CHARLES F BECBER/BELIN LAMSON MCCORMICR ZUMBACH FLYNN
666 WALNUT ST STE 2000, DES MOINES IA 50309-3989
Grantors: Grantee:
Wal-Mart Stores, Inc. City of Ames, Iowa
Legal Description: See Exhibit A commencing at Page 5.
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.
i
Aims� fl 0495E-(�o)
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 does 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 5.
(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. Grantor warrants that it has good title to the above described premises and that there are
no encumbrances that will limit or interfere with the rights granted herein to Grantee.
3. The Grantor, its 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
City's failure to use due care in its exercise of the rights, privileges, and authorities
granted.
-2-
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 Grantor's use of the property. 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 Grantor harmless for,and defend Grantor 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 Grantor 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,Grantor shall have the right at its sole option
and expense to relocate said easement upon Grantor's property. 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 Grantor's business operations while utilizing this
easement.
E. In exercising any rights apd 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 constriction,
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
(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.
-3 -
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 or
deficiencies that are identified as a result of such audit. Grantor may, in its 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 this paragraph.
Dated at ,Ames;-laws,this 6A day of i e ,2006.
lerc�Ucll�el d�R
WAL-MART STORES,INC.,a Delaware
corporati n
2
By.
Name: MeR
Title: 10AA4
t.PP- P�2eSic1erlfi
STATE OF ARYANS A&S )
SS:
COUNTY OF This instrument was acknowledged before me on the G day of p,
2006 by P" hGp as
of Wal-Mart Stores,Inc.
Notary Pub c in and for the State of ,9 -5
dAw0541W=s-==electric facilities-10 f3 wal-mart only w M.
"OFFICIAL��
PAMELA CORE
NOTARY-ARK S"
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SEON COUNTY
COMMISSION EXPIRE 07
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EXHIBIT A
Ames,Iowa Wal-Mart
B.F.A.Project No.03-2735
August 28,2006,M.R.F.
DESCRIPTION:Electric Easement
A tract of land being part of Lot 1 of"Wal-Marts Subdivision,First Addition"(unrecorded),part
of Parcel AF of"Plat of Survey" Instrument No. 2006-00001039, recorded on January 27,2006
on Slide 269, Page 5, in the Story County Recorder of Deeds Office all being 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:
Beginning at a found iron rod at the northeast comer of said Lot 1 and the northeast corner of
said Parcel AF,also being the southeast comer of Southeast 5th Street; thence along the east line
of said Lot 1, also being the east line of said Parcel AF, also being the east line of said Southwest
Quarter S00°-20'-04"E 10.00 ft.to a point,thence leaving said line S89°-36'44"W 91.46 ft.to a
point;thence North 10.00 ft. to the south right-of-way line of Southeast 5th Street, also being on
the north line of said Parcel AF, also being on the north line of said Lot 1; thence along said
right-of-way line and the north line of said Lot 1 and said Parcel AF N89°-36'-44"E 91.40 ft to
the point of beginning, containing 913 Square Feet or 0.02 acres. Subject to any and all
easement,restrictions,conditions,etc.of record.
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EXHIBIT ?� a I ,I
ELECTRIC EASEMENT A;GUST:°2006
FOUND IRON ROD AT THE B.F.A. #03-2735
NE CORNER PARCEL "Al'"
AT THE P.O.B. !
00'20'D4"E 10.00' v
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PROPOSED
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DESCRIPTION:Electric Easement
A tract of land Gary port of Lot 1 of 'Woo-Mort'a Subdivision Fast Addition"
(unrecorded), part of Parcel AF of 'Plot of Survey'Instrument No. 2006-00001039,
reeoMed on January 27, 2006 on Slide 269, Page 5. in the Story County Recorder of '•' "�
Deeds Office oil being Port of the Southwest Ouarter of the Northeast Ouorter of 1
Section 11. Township 83 North,Range 24 West d the Sth P.M., City of Ames. Story y
County. Iowa to wit: k1§
Beginning at o found iron rod at the northeast comer of sold Lot 1,and the northeast ! 39
comer of said Parcel AF, olso bang the southeast corner of Southeast 5th Street: i !
thence along the east line of said Lot 1, also being the east line of said Parcel AF, ,
also beingthe east line of said southwest
quarter S00'-20•-04� 10.00(l. to a point, � 7
thence leaving said line S89•-36'-44V 91.46 ft. to a pant; thence North 10.00 ft. to
the south fight—of—way fine of Southeast 5th Street, also, being on the north fine of
said Parcel AF, also being on the north Fine of said Lot 1: thence along said
right—of—way line and the north Fine of said Lot 1 and said Parcel AF N87-36'-44'E r
91.40 ft. to the pant of beginning, containing 913 Square Feet or 0.02 acres. Subject t
to any and oil easement, restrictions,conditions, etc. of record.
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