HomeMy WebLinkAboutA040 - Declaration of Geothermal Systems Easements and Agreement Instrument No. 2024-01914 recorded April 1, 2024 Instrument U: 2024-01914
04/01/2024 09:39:24 AM Total Pages: 9
EASE EASEMENTS
Recording Fee: $ 47.00
Stacie Herridge, Recorder, Story County Iowa
111
mill 114 FIR N?1 I IWIM11W,W11111 VI NIA 11111
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Legal description:See page(s) �_
Return document to:City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by:Victoria A.Feilmeyer,City ofAmes Legal Department,515 Clark Ave.,Ames,IA 50010—515-239-5146
Declaration of Geothermal Systems Easements
and Agreement
Know All Persons:The City of Ames.Iowa.an Iowa municipal corporation (hereinafter re-
ferred to as the"Grantor,"),does hereby grant to and reserve for the City of Ames.Iowa.(hereinafter
referred to as the"Grantee"),upon the conditions hereinafter recited,the perpetual right to enter upon
the land hereinafter described as the EasementArea for the uses set forth hereinafter over,upon,across
and under the EasementArea together with a perpetual right of ingress and egress between said Ease-
ment Area from adjacent public rights-of-way.
The Easement Area is a strip of land situated in Story County,Iowa,as shown on the final plat
drawing of Baker Subdivision,Ames,Iowa,and described as follows:
The real property shown on Schedule A'attached hereto and by this reference made
a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by the
Grantee,if at all,subject to the following terms and conditions:
1 Purposes.This instrument shall serve to make a record of three main purposes:
1.1 The Grantee,City of Ames acting through the Electric Department,or its successor or designee,
owns the certain private geothermal wells and shall have permanent rights within the ease-
ment area, specifically Grantee shall have the perpetual right within the Easement Area to
construct,reconstruct,cover over,clean up, operate,use,maintain, repair,abandon, and re-
place geothermal wells,energy systems,and their appurtenances.
1.2 The Grantor,as the present owner and possessor of the individually numbered lots,or its suc-
cessors or assigns,shall have the perpetual right within the Easement Area to construct,con-
nect to,reconstruct,cover over,clean up,use,operate,maintain,and repair connections,ser-
vice lines,equipment,and appurtenances between the lot owner's private geothermal sys-
tems and the Grantee's private geothermal wells.
1.3 Grantor and Grantee make this record for the purpose of satisfying the requirements of 567
Iowa Administrative Code chapter 49.
2 Easements Appurtenant. Under the covenants filed on January 6, 2022, recorded as Inst. No.
2022-00200,Grantee and successors and assigns shall have an ongoing,permanent,affirmative
right and duty to connect to geothermal wells.There is hereby assigned'to each numbered lot in
Baker Subdivision two wells to service a geothermal system to be installed in the principal dwell-
ing on such lot as shown in the attached Schedule"B."As the owner of the individual numbered
lots in Baker Subdivision, Grantor hereby bargains and agrees with Grantee for Grantor and
Easement p a g e 12
Grantor's successors and assigns the perpetual right to enter into the easement area and to keep,
operate,maintain,and repair a connection to the appurtenant geothermal wells,including all ser-
vice lines,equipment,and connections.
3 Notices.Grantor,Grantee,successors,and assigns are notified that:
3.1 Installation,operation,repair,and abandonment of such geothermal wells and systems is sub-
ject the Iowa Administrative Code,as may be amended.
3.2 Geothermal wells and appurtenant systems are subject to a private well permit to be obtained
from the Iowa Department of Natural Resources.
3.3 Grantee,as owner of the private geothermal wells,is solely responsible for the permitting of
the geothermal wells,including the opening,closing,capping,and abandonment of any such
geothermal wells.
4 Regulation of Geothermal Systems.The Grantee,City of Ames,Iowa,by ordinance,may establish
additional regulations relating to the construction, connection to,reconstruction, covering over,
cleaning up,usage,operation,maintenance,and repair of the lot owner's private geothermal sys-
tems and further defining the rights and duties of the individual lot owner with respect to the
private geothermal well owned by the City of Ames.The Grantee,City of Ames,may charge a fee
for the use of the private geothermal wells assigned to the individual lot
5 Setbacks&Obstructions Prohibited.The Grantor,as the fee simple owner of the underlying real
property,the Grantor's successors and assigns,the Grantee and the Grantee's successors and as-
signs:
5.1 Shall comply with all applicable administrative rules and regulations of the Iowa Department
of Natural Resources relating to setbacks from the private geothermal wells(hereinafter"Set-
back Area').
5.2 Shall not erect or place within the Easement Area or within the Setback Area any building or
other permanent structure.
5.3 Shall not, without prior written consent of the City of Ames, place any fence, improvement,
trees,shrubs,or other landscape plantings(other than grass or comparable ground cover)
5.4 The City of Ames,as Grantee,shall have the right to trim or remove trees and shrubs or any
other unpermitted obstruction within the Easement Area to prevent damage to a permitted
improvement of the Grantee located within the Easement Area.
6 Restoration.Immediately following construction,reconstruction,or repair work by the Grantor
or the Grantee within the Easement Area,weather and season permitting,ground area with pre-
viously existing grass cover that is disturbed by such work shall be planted with grass seed in
accordance with customary methods of soil preparation and planting by the Grantee.
7 Nonexclusive Easement.The easement rights granted under this instrument to the Grantee are
nonexclusive. This instrument shall not preclude the Grantor from granting similar easement
rights to third parties upon terms and conditions that do not impair or diminish the rights granted
under this instrument to the Grantee.
8 Successors and Assigns.The easement rights provided herein shall be binding upon successors
and assigns of both Grantee and Grantor.
9 Interpretation.The term"private geothermal well" is used in the sense that,although owned
by a public governmental agency,the geothermal wells are for the use of individual lot owners and
not the public at large.Words and phrases used in this instrument shall be construed as in the
single or plural number,and as masculine, feminine, or neuter gender,according to the context.
This instrument shall be governed exclusively by and construed in accordance with the laws of the
State of Iowa.The paragraph headings in this instrument are for convenience only and in no way
define or limit the scope or intent of any provisions of this instrument.
Easement Page 13
10 Relation to Prior Easements.This instrument is intended to amend and restate that part of the
previously recorded easements filed June 1,2020,as Instrument No.2020-05687,and filed Sep-
tember 17,2021,as Instrument No.2021-11974,relating to the reservation of easements for ge-
othermal systems.Except as modified herein,the described easements are hereby reaffirmed.
[ S I G N A T U R E S O N PAG ES FOLLOWING ]
Easement P age 4
In Witness Whereof the undersigned has executed this instrument on the 014 day of
ra4 2024.
CITY OF AMES,IOWA
B
John A. Haila, Mayor
At-
test:
Renee all,City C erk
STATE OF IOWA, COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the 21p"I'day of
M§oTh, , 2024, by John A. Haila and Renee Hall, as Mayor and City Clerk, re-
spectively, of the City of Ames, Iowa.
*'N
'CARLY M.WA NOT Y UBLIC
CAOM"lasion NurrALTJ
My o missb
Easement P a g e IS
Acknowledgment and Consent
As an owner of an interest in certain real property within the Easement Area, the
owner thereof acknowledges the amendment and restatement of the easements described
in the foregoing and hereby consents thereto.
Dated th is as clay of March 2024.
HABITAT FOR HUMANITY OF
CENTRAL IOWA
Tom Mortice,Presi nt Dan Nutini, Executive Director
STATE OF IOWA, COUNTY OF STORY, SS.:
This instrument was acknowledged before me on March�,2024,by Tom Mortice and
Dan Nutini,as President and Executive Director of Habitat for Humanity of Central Iowa, Inc.
♦pP,� s� RENEE HALL - -
Commission Number$27148 N OTA R- PUBLIC
.' My Commission Expires
v. - a
Easement P a g e 16
Acknowledgment and Consent
As an owner of an interest in certain real property within the Easement Area, the
owner thereof acknowledges the amendment and restatement of the easements described
in the foregoing and hereby consents thereto.
Dated this day of March 2024.
TOWNHOMES AT CREEKSIDE,LLLP,
an Iowa limited liability limited partnership,
BY: TOWNHOMES AT CREEKSIDE,
GP,LLC,an Iowa limited liability company,
its G n I Partner
By:
Michael eri an Bing ember
STATE OF IOWA,COUNTY OF POLK,SS.:
This instrument was acknowledged before me on gal-tA , 2024, by Michael
Kiernan, as Managing Member of Townhomes at Cre kside, GP, LLC, the General Partner of
Townhomes at Creekside,LLLP.
DREG,J. WHITT — ,�14A
s AN �
=P Commission Number846269 NOTARY PUBLIC
My commission Expires
Easement 7
Schedule `A"
GEOTHERMAL ENERGY SYSTEMS EASEMENT AREA
The East 5 feet of Lots 1-9, 11, 12 and 13, Baker Subdivision,Ames, Iowa.
AND
The East 7.0 feet of Lot 10, Baker Subdivision,Ames, Iowa.
AND
The West 5.0 feet of Lots 14-17 and 27,Baker Subdivision,Ames, Iowa.
AND
The West 10.0 feet of the East 15.0 feet of Lots 22-26, Baker Subdivision,Ames, Iowa.
AND
The South 15 feet of the North 25.0 feet of Lots 18 and 19,Baker Subdivision,Ames, Iowa.
AND
The North 10 feet of Lot 20, Baker Subdivision,Ames,Iowa.
AND
The South 10 feet of the North 20.0 feet of Lot 21,Baker Subdivision,Ames, Iowa.
Easement P age 18
Schedule 'B"
GEOTHERMAL WELL LOCATIONSAND SYSTEM ASSIGNMENTS
Appurtenant IDNR Well
Lot Served Number Geo Coordinates Lot Where Located
1 2232538 South Well(3469925.729,4877485.372) 1
North Well(3469933.662,4877486.056) 1
2 2232566 South Well(3469953.528,4877486.854) 27
North Well(34-69964.606,4877485.94) 2
3 2232318 South Well(3470028.435,4877483.544) 3
North Well(3470041.043,4877483.853) 3
4 2232567 South Well(3470065.142,4877487.869) 27
North Well (3470076.32,4877488.306) 27
5 2232597 South Well(3470135.444,4877487.208) 27
North Well(3470152.376,4877488.196) 27
6 2232602 South Well (3470170.594,4877489.247) 27
North Well (3470181.434,4877488.905) 27
7 2232606 South Well (3470248.314,4877488.555) 27
North Well(3470258.434,4877488.943) 27
8 2232608 South Well(34.70283.989,4877488.656) 27
North Well(3470295.989,4877488.656) 27
9 2232609 South Well (3470449.533,4877483.903) 14
North Well(3470460.08,4877484.52) 15
10 2232604 South Well(3470504.162,4877477.209) 10
Noah Well (3470512.065,4877482.201) 10
11 2232605 South Well (3470567.146,4877479.314) 11
North Well (3470574.852,4877482.812) 11
12 2232319 South Well(3470599.637,4877482.376) 12
North Well (3470610.53,4877481.288) 12
13 2232324 South Well(3470660.929,4877481.641) 13
North Well (3470673.321,4.877482.073) 13
14 2232611 South Well(3470423.078,4877483.161) 9
North Well (3470433.325,4877485.65) 14
15 2232325 South Well (3470476.89,4877486.884) 15
North Well (3470487.907,4877485.077) 15
Easement P a g e 9
16 2232610 South Well(3470538,19,4877481.596) 11
North Well(3470551.709,4877479.3) 11
17 2232612 South Well(3470626.109,4877479.881) 12
North Well(3470639.692,4877480.593) 12
18 2232601 South Well(3470697.511,4877576.578) 18
North Well(3470700.301,4877580.072) 18
19 2232600 South Well(3470701.165,4877687.782) 19
North Well(3470694.534,4877693.756) 19
20 2232599 South Well(3470691.64,4877790.062) 20
North Well(3470692.935,4877787.376) 20
21 2232598 South Well(3470675.125,4877843.125) 21
North Well(3470681.435,4877846.993) 21
22 2232613 South Well(3470582.752,4877937.828) 22
North Well(3470591.141,4877940.124) 22
23 2232614 South Well (3470507.798,4877937.413) 23
North Well(3470520.821,4877937.306) 23
24 2232617 South Well(3470476.778,4877940.127) 24
North Well (3470486.897,4877940.44) 23
25 2232619 South Well(3470389.672,4877940.563) 25
North Well(3470401.133,4877942.116) 25
26 2232607 South Well(3470358,821,4877940.141) 26
North Well (3470367.381,4877940.548) 26