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Home My WebLink About~Master - Street Easement Agreement for Dayton Avenue Improvement Project DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) STREET EASEMENT AGREEMENT HIS AGREEMENT,made and entered into effective as of the I'?-- day of I-e1 VUCX— C4 , 200Q. ,by and between Carriage House Foods, Inc., Grantors, and THE CITY OF AMES, IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot 1, Dayton Road Development Subdivision to Ames, Iowa in Ames, Story County, Iowa; and, WHEREAS, Grantee desires an easement with respect to a portion of said real estate for purposes of a public street; NOW, THEREFORE, for and in consideration of the payment by Grantee to Grantors herein stated, the aforesaid Grantors and Grantee have agreed and do agree, as follows: 1. Temporary Easement for Construction Granted. Grantors do hereby grant to Grantee, over, across and under the area shown on the attached Exhibit B, a temporary easement to allow Grantee, its agents, contractors and employees a right of entry in, upon and onto the said area for the purpose of construction of Dayton Avenue Improvement Project. These improvements include,but are not limited to: regrading,paving driveways and parking lots, sidewalk construction, seeding of disturbed areas and other improvements. It is understood and agreed that the Grantee will remove its construction materials and equipment from the temporary easement area at the completion of the said improvements. Also the Grantee will ensure access to the property during business hours while improvements are made and shall restore said described property to a satisfactory condition after temporary easement is no longer required. It is understood and agreed that the consideration for this easement includes full compensation for damages, if any, to the temporary easement area. It is also understood and agreed that the Grantors hereby release the Grantee from liability and relinquishes any claim for damages to the property first above described arising out of the above described public project, except such damages as may be caused by the negligent acts or omissions of the Grantee or its agents, contractors, or employees. 2. Renegotiation of Damages. It is acknowledged that the Grantors, as owners, shall have five years from the date first above written, as the date of settlement, to renegotiate J:\2000_projects\100.0668\ROW\Parcels\13 Camage\STREET EASEMENT.doc • r construction and maintenance damages not apparent at the time of settlement, and this agreement shall be written notice to the owner of such right, all as provided by Section 6B.52 Code of Iowa, 1995. 3. Structures Prohibited. Grantors shall not construct, erect or place any structure over or within the areas over which an easement exists by virtue of this agreement without obtaining prior written consent of the Grantee. 4. Change of Grade Prohibited. Grantors shall not change the grade, elevation or contour of any part of an area over which an easement exists by virtue of this agreement without obtaining prior written consent of the Grantee. 5. Right of Access. The Grantee shall have the right of access to the areas over which an easement exists by virtue of this agreement and have all rights of ingress and egress reasonably necessary for the use and enjoyment of such area, including but not limited to the right to remove any unauthorized obstructions or structures placed or erected on such easement area, and to relocate existing advertising structures on the easement area. 6. Temporary Easement Termination. The temporary easement for construction granted under this agreement shall terminate, cease and become null and void on completion of the said street project. 7. Warranty of Title. Grantors do hereby covenant and warrant to Grantee that Grantors hold the real estate first above described by title in fee simple, free and clear of mortgages, liens or other encumbrances and that Grantors have good and lawful authority to convey the easement rights herein granted, and that Grantors covenant to warrant and defend the said easement rights against the claims of all persons whomsoever. 8. Successors Bound. This agreement, and the easement granted herein, shall run with the title to the land for which the easement is granted and shall be binding upon the parties hereto and upon their mortgagees, heirs, successors and assigns. 9. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement sq. ft. $ -- b. Temporary easement 27,831 sq. ft. $ 5,567.00 C. Improvements $ -- d. $ -- Administrative a. Landscaping $ 6,000.00 TOTAL $ 11,567.00 Also in consideration of said payment by the Grantee, Grantors, their heirs, successors and assign hereby release the Grantee, City of Ames, from any damages that may be claimed for any permanent or temporary changes in street grade or changes in or loss of vehicular access from Dayton Avenue or Lincoln Way due to the Dayton Avenue Improvement Project. J:\2000_projects\100.0668\ROW\Parcels\13 Carriage\STREET EASEMENT.doc �► w IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS BY Z BY STATE OF /D )SS COUNTY OF 'StUry ) On this l8 day of Jm&(u,►'t/ ,20 .4 before me,the undersigned,a Notary Public in and for the State of Iowa,personally appearedJJA;n es 9. Rimejar-k Att" and — ,to me personally known,who,being by me duly sworn,did say that they are the flank-M&ntt ju- and ,respectively,of the corporation executing the foregoing instrument;that the instrument was signed on behalf of the corporation by authority of its Board of Directors;that J a mes R.2��I"d acknowledged the execution of the instrument to be the voluntary act and deed of the corporation and of the fiduciary,by it,by them and as the fiduciar luntarily executed. AMY J.WALTER y C m i Wonn NUUmmber 197262 Notary P b nm Exon GRANT STATE OF IOWA,COUNTY OF STORY,SS: On this /J"- day of _,200.�,before me,a Notary Public in and for the State of Iowa, personally appeared 16A 'ILD SC6 and bIRI�ILr R. VOSS ,to me personally known,and, who,being by me duly sworn,did say that they are the Mayor and City Clerks,respectively,of the City of Ames, Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in Resolution No. 061 —079 adopted by the City Council on the�+�day of ,200�.and that Tiz7�,eSCt� and 7)im R. Koss —acknowledged the execution f the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. ��a c JILL L. RI:N# RGER Notary Public in and for to ounty,Iowa COMMISSI 146549* MY COMMISEXPIRESrowp APPROVED AS TO FORM 3-17 BY John R.NVA J:\2000_projects\100.0668\ROW\Parcels\13 Carriage\STREET EASEMENT.doc • •IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN PARCEL NO.: 13 OWNER: CARRIAGE HOUSE FOODS, INC. SECTION: 01 T 83 N-R 24 W. LEGEND SCALE:I"= 100' n.O.OR EASEMENT LiNEI ACCESS LOCATIONI CITY OF AMES PROPERTY LINE. ►�.�— II/21/2001 CI\I000sss%c8w%10006ss010.pp" REV. 9/ / MJL REV. 11/21/01 - CC 148+32 s 38' I N PARCEL "C" BK. 13, PG. 212 148443 +- F FRS pus \ON PR I48538 ES vv ep\\I 14T+19 2 pM SV 107' i i i EXISTING i DAYTON AVENUE I i i i i TEMPORARY EASEMENT TO SHAPE i i i . 1 II I I ' 1 145+00 1 --� 102' I I � i j r 145+01 I11 I I T2' i l I i 1 rSTA.14q LOT I 1 +58 1 SLOG. PERMANENT EASEMENT 1 FOR ELECTRICITY TRANSMISSION AND DISTRIBUTION I 1 ! I 1 RO P� 1 L j ��ON MEN 1 ppv��pP\S�pr1 ----- j 1 p5��p�V 141+92 3 i T2' I STA.14 +46 141+91 s i 47' ; PROPOSED { 141+91± ¢ DAYTON AVENUE 38' x w i 141+90 = 32' i i i LOT 2 i i i i i i � X 1 W COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85