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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 THIS AGREEMENT,made and entered into effective as of the 2S day of , 2001, by and between Corwin V. Stephan and Kay M. Stephan, husband and wife, Grantors, and THE CITY OF AMES, IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot Two (2) Block Three (3), and the south 100 feet of Lot One(1) Block Three (3) Landfill Addition to the City of Ames, Iowa, subject to a building line setback of 30 feet on the North and subject to utility easements, over, under and across the South 5 feet and the East 5 feet of the above-described property. 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, pavin 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. J:\2000_projects\100.0668\ROW\Parcels\3 Stephan\STREET EASEMENT.doc M � 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 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 613.52 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 2,500 sq. ft. $ 500.00 C. Improvements $ d. $ Administrative TOTAL $ 500.00 J:\2000_projects\100.0668\ROW\Parcels\3 Stephan\STREET EASEMENT.doc r 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. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS BY --- BY STATE OF— )SS COUNTY OF On this day of of 20B before e, a Ty ary Public in and for the State of Iowa, personally appeared o,w,.N and AAAs, , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that C� 4 and�� _execut a same as voluntary a and deed. Notary Public co vy"Sion axe w-11113" GRAN STATE OF IOWA,COUNTY OF STORY,SS: On this day�F-44491� 202!a-- efore me,a Notary Public in a d for the State of Iowa, ersonall a eared C�tr,�, D'AkW P ��` to me personally known,and, P Y PP TEUES'sand �� , who,being by me duly sworn,did s y that they are the Ma or and City Clerk,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 authgrity of its City Council,as contained in Resolution No a- $A adopted by tb.e City Council on the ( �,hh--day of r ,20 a?rand that TE and ��H� R' acknowledged the executioi f the instrument to be Ti DE00 their voluntary act and deed and the v untary act and deed of the corporation,by it voluntarily executed. K ILRIPPERGER ON#146549SION EXPIRES Notary Public in an or S ry County,Iowa Z APPRMM"RKkZw ASS7'O FORM J:\2000_projects\100.0668\ROW\Parcels\3 Stephan\STREET EASEMENT.doc I /J CRY Abwoy IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN PARCEL NO.: 3 OWNER: CORWIN V. & KAY M. STEPHAN SECTION: OI T 83 N-R 24 W. LEGEND SCALE:I"= loo, W.D.OR EASEMENT LINE: CITY OF AMES ACCESS LOCATION: PROPERTY LINE: 10/10/2D01 DA 1000668\CA00\1000668003.ppn V. / / 1 MJL i EDISON i N i i i i i i ————————————————— ——— STREET---— i i i i TEMPORARY EASEMENT PT. LOT I 117+84 x TO SHAPE 67• 117+84 s 117+84 s Ex.R/W 72 42 LOT 3 LOT 2 i ANE 8L00 p0��\ON LOT FORMELECTRICITY NT MENT -----I--- TRANSMISSION j BLOC. TA.117+65 AND DISTRIBUTION 1 I 32• i 116+84 s � 72' 116+84 s 67' 116+84 s 4Y a i X i w i i 1 LOT S X PROPOSED w DAYTON AVENUE ! 1 i ; ; 1 EXISTING �{ ! �DAYTON AVENUE i i I I 1 I 1 1 I 1 1 I I COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85