HomeMy WebLinkAboutA008 - Gas Easement dated August 22, 2006, Instrument No. 200600012578 F v,
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,Anstrunent:2006- 0001257E
M Date:Oct 11►2006 01:49:17P
D Rec Fee: 35.00 E-Con Fee: 1.00
6/ Aud Fee: .00 Trans Tax: .00
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Non-Standard Page Fee: .00
Filed for record in Story Countur Iowa
Susan L. Vande Kampr County Recorder
CITY OF AMES
GAS 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 BECRER/BELIN LAMSON MCCORMICK ZUMBACH FLYNN
666 WALNUT ST STE 2000, DES MOINES IA 50309-3989
Grantor: Grantee:
Wal-Mart Stores, Inc. City of Ames, Iowa
Legal Description: See Page 2.
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
GAS 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 gas line or lines plus all relevant fixtures, for the
purpose of transmitting and/or distributing services in, on, through, over, under, and across the
following described land in the County of Story, State of Iowa:
DESCRIPTION:
A tract of land being part of Lot 1 of "Wal-Mart's Subdivision,
First Addition", being part of Lot "AF" of "Plat of Survey"
Instrument No. 2006-00001039, recorded on January 27, 2006 on
Slide 269, Page 5 and part of Lot "AH" of "Plat of Survey"
Instrument No. 2006-00001040, recorded on January 27, 2006 on
Slide 270,Page 1 of 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:
Commencing at a found iron rod at the northeast corner of said
Lot 1, also being on the east line of said Lot "AF", also being the
southeast corner of Southeast 5d' Street; thence along the north line
of said Lot 1, also being the south right-of-way line of said
5a'Street S890-36'-44"W 91.40 ft. to the point of beginning;
thence leaving said line South 428.35 ft. to a point; thence West
41.15 ft. to a point; thence South 86.78 ft. to a point; thence West
68.27 ft. to the proposed east wall of the Wal-Mart Building;
thence along said east wall North 10.00 ft. to a point; thence
leaving said east wall East 48.27 ft. to a point; thence North 101.78
ft. to a point; thence East 41.15 ft. to a point; thence North 403.22
ft. to the said south right-of-way line and the north line of said Lot
1; thence along said south right-of-way line and said north lot line
N890-36'-44"E 20.00 ft. to the point of beginning, containing 0.27
acres. Subject to any and all easements, restrictions, conditions,
etc. of record.
(See attached plat marked and made a part hereof.)
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1. The grant of this Gas Facilities Easement is together with (a) 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 (b) 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 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.
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 its 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 l
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 Wal-Mart 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. r
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D. Grantee shall not interfere with Grantor's business operations while utilizing this
easement.
E. hi 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
(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 1-9 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, Iowa, this day of 2006.
WAL-MART STORES, INC., a Delaware
corporaf
By:
Name: 'k
Title:
Aftv &ao a=... I
b
WAL-M T LEGAL DEPT. ll _
- 4 - Date:
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE OF )
COUNTY OF )ss: INDIVIDUAL
CORPORATE
On this a- day of A.D. Title(s)of Corporate Officer(s):
20�, before me, the undersigildd, a Notary Public in
and for said State,personally appeared
Corporate Seal is affixed
No Corporate Seal procured
PARTNER(s): Limited
" to me personally known Partnership
or proved to me on the basis of satisfactory General
evidence Partnership
Attorney-In-Fact
to be the person(s)whose name(s) is/are subscribed to the Executor(s)or Trustee(s)
within instrument and acknowledged to me that Guardian(s)or Conservator(s)
he/she/they executed the same in his/her/their authorized Other:
capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of SIGNER IS REPRESENTING:
which the person(s) acted, executed the instrument.
00_u'�
� List name(s) of person(s) or entity(ies)
Q41AO2�=k I _ (sign in ink)
" (print/type name)
Notary Public in and for the State of
(Notary Seal)
- NOTARY SEotaAL"
Carrie A.AguirStaNe of ArkanPubsas
Benton County, i es 411 2011
o k oraryintemet fdcskDIW4\eas-ames gas.doc
C ent]
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EXHIBIT
GAS EASEMENT
Q FOUNI) raoN Roo
sas•ss'4411f 81.40' ��
x IkW .44E 20.W
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S.E. 5th STREET ` P'O•&
80' RIGHT-OF-WA FOUND MOON ROD ON THE
NOR1H LJIIE OF PARCEL Af
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GAS EASEMENT o
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1+ EAST 41.15' FOUND VM ROD AT THE
I S.E. CORNER PARCEL AF
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NORTH 1o1.7
l00 0 50 � ioo EST 41.15'
AST 48. 7' ; UTH 86.78•
1 inch-100 ft. I z z
AUGUST 02, 2a NORTH 10.00•
H.F.A. FROJBCT No. 3--2735 M1:: ! WEST 68.27 v�i a^i
:. J CIE �a
PROPOSED
WAL—MART SUPERCENTER
4256-00 :''; •>: 1
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SWI/4 NEI/4 �
NWI/4 SE1/4 I SE1/4_ME I/4
DESCRIPTION: Gas Easement NEI/4 SE1/4
A tract of land being part of Lot 1 of "Wal-Mart's Subdivision First Addition', being part
of Lot "Al" of "Plot of Survey" Instrument No. 2006-00001039, recorded on January 27.
2006 on Slide 269, Page 5 and part of Lot "AH" of 'Plat of Survey" Instrument No.
2006-00001040, recorded on County RecorderJanuary
of D eds Office oil be ng p rt6of the on ll Southwest Quorter of de 270, Page I of h the t ortheast
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 Lot "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
5th Street S89'-36'-44"W 91.40 ft. to the point of beginning; thence leaving said line
South 428.35 ft. to a point; thence West 41.15 ft. to a point; thence South 86.78 ft. to
o point; thence West 68.27 ft. to the proposed east wall of the Wal-Mart Building; thence
along said east wall North 10.00 ft. to o point; thence leaving said east wall East 48.27
ft. to a point; thence North 101.78 ft. to a point. thence East 41.15 ft. to a point;
thence North 403.22 ft. to the said south right-of-way line and the north line of said
Lot 1; thence along said south right-of-way line and said north lot line NETT-36'-441E
20.00 ft. to the paint of beginning, containing 0.27 acres. Subject to any and all
easements, restrictions, conditions, etc. of record.
rr
Ames, Iowa Wal-Mart
B.F.A. Project No. 03-2735
August 2, 2006, M.R.F.
DESCRIPTION: Gas Easement
A tract of land being part of Lot 1 of"Wal-Mart's Subdivision First Addition", being part of
Lot"AF" of"Plat of Survey" Instrument No. 2006-00001039, recorded on January 27,
2006 on Slide 269, Page 5 and part of Lot"AH"of"Plat of Survey" Instrument No. 2006-
00001040, recorded on January 27, 2006 on Slide 270, Page 1 of 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:
Commencing at a found iron rod at the northeast corner of said Lot 1, also being on the
east line of said Lot"AF", also being the southeast corner of Southeast 5t'Street; thence
along the north line of said Lot 1, also being the south right-of-way line of said 5"'Street
S890-36'-44"W 91.40 ft. to the point of beginning; thence leaving said line South 428.35
ft. to a point; thence West 41.15 ft. to a point; thence South 86.78 ft. to a point; thence
West 68.27 ft. to the proposed east wall of the Wal-Mart Building; thence along said east
wall North 10.00 ft. to a point; thence leaving said east wall East 48.27 ft. to a point;
thence North 101.78 ft. to a point; thence East 41.15 ft. to a point; thence North 403.22
ft. to the said south right-of-way line and.the north line of said Lot 1; thence along said
south right-of-way line and said north lot line N89°-36'-44"E 20.00 ft. to the point of
beginning, containing 0.27 acres. Subject to any and all easements, restrictions,
conditions, etc. of record.
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