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HomeMy WebLinkAbout~Master - Traffic Signal - Grand Junction, LC .•' WSr. N0. -04340 STORY COUNTY, IOWA M-A-a�A ILED FOR RECORD APR 99 WHEN RECORDED RETURN TO: $ City Clerk y ���� ! City Hall ¢ SL"L ME KAW,Ae000ds 515 Clark Avenue Rew dng Fee$ �D Ames, Iowa 50010 s Fee$This document was prepared by R. Michael Hayes,Hubbell Realty Company, 904 Walnut Street, Suite 900 Des Moines Iowa 50309-3574 515 280-2051 SPACE ABOVE THIS LINE FOR RECORDER TRAFFIC SIGNAL EASEMENT KNOW ALL MEN BY THESE PRESENTS: That Grand Junction, L. C., an Iowa limited liability company, ("Grantor"), for valuable consideration,the receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the City of Ames, Iowa, a municipal corporation, (the "City") and the City of Ames, Iowa franchised utilities, and their successors and assigns, an easement to enter upon the following described land located in the City of Ames, Story County, Iowa: That part of Parcel "F" in the Southwest Quarter of Section 2, Township 83 North, Range 24 West of the 5th P. M., in the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Southeast corner of said Parcel "F"; thence N90°00'00"W, 48.00 feet along the South line of said Parcel "F"; thence N00°00'00"E, 10.00 feet; thence S90100'00"E, 18.00 feet; thence N90000'00"E 20.00 feet; thence S90100'00"E 30.00 feet to the East line of said Parcel "F";thence S90100'00"W, 30.00 feet along the East line of said Parcel "F" to the point of beginning, containing 1,080.00 square feet, as more particularly shown on the Easement Plan attached hereto as Exhibit A, (the "Easement Area"), for the purpose of constructing, reconstructing, operating, maintaining, repairing, replacing, and removing a traffic signal and related facilities upon, under and across the Easement Area, upon and subject to the following conditions: 1. The City shall construct the traffic signal and related facilities in the Easement Area substantially in accordance with the plan entitled "Temporary Signal Layout Lincoln Center Entrance", plan sheet 7, dated 1/98, prepared by Clapsaddle Garber Associates, Consulting Engineers, a copy of which is attached as Exhibit B, and in accordance with the requirements of all governmental bodies with authority over the construction of such traffic signal and related facilities. 2. This easement shall commence upon the date of execution of this Traffic Signal Easement by Grantor and shall terminate at midnight on February 29, 2008. 3. Within twenty (20) days after completion of the installation of the traffic signal and related facilities, the City shall remove all materials and equipment from the Easement Area and shall promptly restore the surface of the Easement Area to its original condition as reasonably as possible, including, but not limited to, restoration of lawns by sodding, replacement or any bushes or other plantings, replacement of concrete driveways, parking areas, sidewalks, and curbs damaged by such work (including those located in the public right-of-way abutting the Easement Area), the repair, restoration or replacement of other structures removed or damaged by the City, or its agents, contractors, or employees, during the course of such work or during any subsequent maintenance, operation,repair or replacement work. 4. Upon the termination of this Traffic Signal Easement, the City shall immediately remove the traffic signal and all related facilities from the Easement Area and shall promptly restore the surface of the Easement Area to its original condition as reasonably as possible, including, but not limited to; restoration of lawns by sodding, replacement or any bushes or other plantings, replacement of concrete driveways, parking areas, sidewalks, and curbs damaged by such work 1 (including those located in the public right-of-way abutting the Easement Area), the repair, restoration or replacement of other structures removed or damaged by the City, or its agents, contractors, or employees, during the course of such removal. 5. The City shall protect, defend, indemnify and hold harmless Grantor and its members, and their respective officers, directors, trustees, employees, tenants and agents, from any and all claims, damages, liabilities, fines,penalties and expenses (including reasonable attorneys fees) of any kind whatsoever, arising from the construction, reconstruction, operation, maintenance, repair and removal of the traffic signal and related facilities from the Easement Area or from any negligence or willful misconduct by the City or its agents, contractors or employees in the design, construction, operation, maintenance, repair, of this project or the use of this Easement Area. 6. Grantor retains the right to use this Easement Area to the extent that its use thereof is not inconsistent with the rights granted to the City in this Traffic Signal Easement. Dated this day of April, 1998. GRAND JUNCTION,L.C. By: HUBBELL REALTY COMPANY, Managing Member LLi W Ea'6-"' B -coo James W. Hubbell III,President �� By. Ip . R. Michael Hayes, Se etary '(�Wu �0 STATE OF IOWA ) )SS. COUNTY OF POLK ) On this dday of April, 1998,before me a Notary Public in and for the State of Iowa,personally appeared James W.Hubbell III and R.Michael Hayes,to me personally known,who being by me duly sworn did state that they are the President and Secretary of Hubbell Realty Company; the Managing Member of Grand Junction, L.C., an Iowa limited liability company, executing the foregoing instrument; that said corporate Managing Member and said limited liability company have no seal;that said instrument was signed on behalf of said corporate Managing Member by authority of its Board of Directors and on behalf of the limited liability company by authority of the members; and the said James W. Hubbell III and R. Michael Hayes acknowledged the execution of said instrument to be the voluntary act and deed of the corporate Y g �' Managing Member and the limited liability company,by each entity and by them voluntarily executed. � �afu►s.o Notary Public in and for said State GrandJunction\TrafficSignalEasement.doc 2 ge- 04340 �c�� EXHIBIT- A TUMBO AND ASSOCIATES LAND SURVEYING, INC. P.O. BOX 1664 AMES, IOWA '50010 515-233-3689 EASEMENT PLAT Cn =� PARCEL ' f- f No J :I Afl11 :, yy�pZ2A2. TRAFFIC SIGNAL EASEMENT 1080.00 SO FT ;L z m _., o W~ (11 O O. S90'00'00"E m o �$ Cr �o m �- 33' NORTHERLY R.O.W. N00'00'00' �' o LINE OF LINCOLN 20.00, 1/2" REBAR WAY. BOLTS S+ FOUNO • �.. S90.00'00"E �, `r i ' o FOUND S9. 1 i8.00.1 �� t3` N00'00'00"E a i32.00'� o SW CORNER J' F 10.00'• '� 48.00' SEC. 2-83-24 N90*00'00"W 298.01, PK NAIL FOUND NOO'00'00"E o IN ASPHALT 33.oo' L INCOLN WAY (66 ' ) m 390'00'00'E 98.06' I SOUTH LINE OF THE SWi/4. SEC. 2-83-24 PROPRIETOR: . SW CORNER---� TRAFFIC SIGNAL DOOGRANDTTLE OIL JUNCTIONCLMC. (PANY PARTCEL OF PARCEL 'F') OF PARCEL 'D' EASEMENT DAVID A. & SUSAN SKEI (PART OF PARCEL "F') & SE CORNER 320.00 SO F OF PARCEL F' SURVEY REQUESTED BY: FOX ENGINEERING,, INC. C/o SCOTT RENAUD Description-Traffic Signal Easement: The south 10.00 feet of the west 32.00 feet of Parcel 'O' in the Southwest Quarter of Section 2. Township 83 North, Rangge 24 West of the 5th P.M.. Ames, Story County, Iowa, containing 320.00 square feet. Description-Traffic Signal Easement: Part of Parcel'F' in the Southwest Quarter of Section 2. Township 83 North, Rang 24 West of the 5th P.M., Ames, Story County, Iowa. more particularly described as follows: Beginning at the Southeast corner of said Parcel 'F': thence N90100'00"W, 48.00 feet along the south line of said Parcel 'F: thence' N00 '00'00"E, 10.00 feet; . thence S90 '00'00"E, 18.00 feet: thence N00 .00'00"E, 20.00 feet; thence S90 .00'00"E, 30.00 feet to the east line of said Parcel 'F': thence S00 '00'.00"W. 30.00 feet to the point of beginning, containing 1080.00 square feet . GRAPHIC SCALE 1"=60 ' _ f 0 60 120 180 • ,� L . STEM Certification: I hereby certify that this land surveying CEN$F� �O document was prepared and the related survey work was performed Q� , by me or under my direct personal supervision and that I am a O duly licensed Land Surveyor under the laws of the State of Iowa. 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