HomeMy WebLinkAboutA002 - Street Easement Agreement • 02- 03039
INST.NO, 1�
RETURN TO: ST ,IOWA n M
CITY OF AMES FILED FOR F16j6RD U D
BOX 811
AMES IA 50010-0811 Aw FEB 2 2 2002 PM I/V
SUSAN L.�V.ANDDE KAMP,Recorder
REC.FEE$.Iff-C AUD.FEE$_r.=
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 19 day of
Fc-b<rua , 20c)a , by and between Hach Chemical Company, Grantors, and THE
CITY OF AMES, IOWA, Grantee,WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
Lot 4, Spencer's First Industrial Addition to the City of 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. Permanent Perpetual Easement Granted. Grantors do hereby grant to Grantee a
permanent perpetual easement for a public street, utilities and street construction and
maintenance purposes over, across and under:
A part of Lot 4, in Spencer's First Industrial Addition,being an official plat in the City of Ames,
Story County, Iowa, and described as follows:
Beginning at the Northwest Corner of said Lot 4, said point being on the existing southerly right-
of-way line of Ford Street; Thence North 89°59'13"East along said existing southerly right-of-
way line, 199.51 feet;Thence Southwesterly along a curve concave Southeasterly whose radius
is 65.00 feet, whose arc length is 34.11 feet, and whose chord bears South 55°01'18"West,
33.72 feet; Thence South 39°59'16" West, 37.32 feet; Thence Southwesterly along a curve
concave Northwesterly whose radius is 13 5.00 feet,whose arc length is 117.85 feet, and whose
chord bears South 64°59'46" West, 114.14 feet; Thence North 89°59'44" West, 44.46 feet to a
point on the existing easterly right-of-way line of Dayton Avenue; Thence North 00°00'16"East
along said existing easterly right-of-way line, 96.12 feet to the Point of Beginning and containing
0.31 acres (13,719 S.F.).
all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part
hereof.
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TemporM 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
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.
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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 13,719 sq. ft. $ 27,438.00
b. Temporary easement 42,959 sq. ft. $ 8,592.00
C. Improvements $ --
d. $
Administrative
a. Landscaping
$ 14,100.00
TOTAL $ 50,200.00(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
B BY
Y, P. C?S oflll"�ati}
STATE OF /0 W ti )
)SS
COUNTY OF S-for )
On this J4 _day of F&fu� ,2002,before me,the undersigned,a Notary Public in and for the State
of i0WA ,person pll y as a geared and
1 ,to me personally knowh,who,being by me duly sworn,did say that they are the
V P / Ylcs ®MX'(i'r" 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 L V Q T rye and acknowledged the execution of the
instrument to be the vol ntary act and deed of the corporation and of the fiduciary,by it,by them and as the
fiduciary voluntarily executed.
8 ^!+W J.W 4t.TE R
'I Noinber iS7262 Notary c
i c:ssion Expires
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STATE OF IOWA,COUNTY OF STORY,SS:
On this I q-tf-�of Few--b�,-,204a,before me a Notary Publ' in and for the State of Iowa, .
personally appeared ( e I a�S C� and I QVl(f, R . V05S ,to me personally known,and,
who,being by me duly sworn,did say that they are the Mayor 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 authTity of its City Council,as contained in
Resolution No. 0 a -(�o'Z adopte by the Ci C'o�,�cil on the I q day of F C b• ,200 and that
TEA aDESia) and acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Notary Public in and fdrfStoo County,Iowa
�_Stac JILL L.L. RI-RGER
$ - COMMISSION# 146549
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' IOWA R PARIMBI OF [RANSPORTAIION °
ACQUISITION PLAT
EXHIBIT "A"
COUNTY ^__ STORY __ STATE CONTROL NO.
PROJECF NO. STP-U-0155(637)—70-85_ PARCEL NO. 23
SECIION 06 TOWNSHIP 83N_ __RANGE _ 23W _
ROW - FEE XX X• EASE 14,019 SO. FT.* X, EXCESS FEE XX AC
ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE
ACOUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE
ACOUIRED FROM HACH CHEMICAL COMPANY
POINT OF BEGINNING
^�- FORD STREET -� .4P9,73
N 89°59'13"E 199.51'
`� CURVE DATA
NW COR. LOT 4 L= 65. 0'
FND. " GAS PIPE g.' 4 R= 85.00'
�t
e i �
ro
S 39 59 IB M
i co• LC- 33.72'
37.32'pz i CH.BRG.= S55°01'18"W,
PERMANENT EASEMENT
4
FOR ROADWAY PURPOSES + CURVE DATA
\ + ?' 1 6 L= 117.85'
O m-
i
POO t\o ��ci 4'
448 59'44"W LC= 114.1 o- a° p CH.BRG S 64 59'46
i �N S89°59'44"E, 30.00'
BEG EASEMENT POINT OF INNING +
I SOO°00'16'W, 10.00'
( i00
c p N89°59'44"W
30.00'
< i 10' x 30' PERMANENT L
i ELECTRICITY TRANSMISSION
i & DISTRIBUTION EASEMENT pti
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45.00' EXISTING n r
RIGHT-OF-MAY 1)Q Z
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o WEST LINE OF SW 1/4 s a W
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e SEC. 06-83-23
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I hereby certify that this land surveying
document was prepared and the related surveying
warn was performed by me or under ed direct
supervision and that 1 am a duly Ilcensed Land
Surveyor under the laws of the State of Iowa.
LAND
9
0 100 Michael A. Michael A. Brooner, L.S. Date
BraOner License Number 15980
15980 My License Renewal Date is December 31, 2002
SCALE IOWA i` Pages or sheets covered by this seal:
REV. 02-06-02 GAL
REV. 10-02-01 GAL
DATE DRAWN 3-07-01 KSV
dA100066811000668023.-q
02 s i 12M2
STORY COUNTY
PROJ.NO. STP-U-0155(637)-70-85
PARCEL NO. 23
THE PERMANENT EASEMENT FOR ROADWAY PURPOSES GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
A part of Lot 4,in Spencer's First Industrial Addition ,being an official plat in the City of Ames,
Story County,Iowa, and described as follows:
Beginning at the Northwest Corner of said Lot 4,said point being on the existing southerly right-
of-way line of Ford Street;Thence North 89°59'13"East along said existing southerly right-of-
way line, 199.51 feet;Thence Southwesterly along a curve concave Southeasterly whose radius is
65.00 feet,whose arc length is 34.11 feet,and whose chord bears South 55°01'18"West, 33.72
feet;Thence South 39159'16"West, 37.32 feet;Thence Southwesterly along a curve concave
Northwesterly whose radius is 135.00 feet,whose arc length is 117.85 feet, and whose chord
bears South 64°59'46"West, 114.14 feet;Thence North 89°59'44"West,44.46 feet to a point on
the existing easterly right-of-way line of Dayton Avenue;Thence North 00'00'16"East along
said existing easterly right-of-way line,96.12 feet to the Point of Beginning and containing 0.31
acres(13,719 S.F.).
\\HP\USERDATA\2000 projects\100.0668\wp\PARCEL23FEE.DOC 02/06/02 10:45 AM
JWA DEPARTMENT OF TRANSPORT... I*
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: 23
OWNER: HACH CHEMICAL COMPANY
SECTION: 06 T 83 N-R 23 W. LEGEND
SCALE:I"— 100' W.D.OR EASEMENT LINES
ACCESS LOCATIONS
CITY OF AMES PROPERTY LINE, ►�:-
02/13/2002 dAI000666\c"d\IOOO666O23.CPn
SHEET I of 2
; EXISTING FORD STREET 124+41 t Ex.R!W N
-258_
124+41 2 Ex.R%W 124+41 S Ex.R/W
PERMANENT EASEMENT 59' 2T9'
FOR ROADWAY PURPOSES 124+15
279'
ao(' \O\'( 231'\ON 124+02 124+2
6\ PO 253'
123+74
\'P 123+93 229'
123+45 s Pro .R/W 206'
LOT 1 59' I 123+15 E. R5
103'
i 123+45 t Pro .R/W
PROPOSED r{ 122+35 89• TEMPORARY EASEMENT
DAYTON AVENUE U 59' I 123+15 TO SHAPE
i 89•
i
122+35
I 2+2 89'
9 I 122+2
3 89' PERMANENT EASEMENT
X FOR ELECTRICITY
W I TRANSMISSION
LOT 3 ; AND DISTRIBUTION
LOT 2
i R,c f\OSl\ON
I SP�NCE P� p0
\NO�SZR
t
EXISTING EXISTING r{ LOT 4
STREET
DAYTON AVENUE
-- ---
1
l TEMPORARY EASEMENT
TO SHAPE
STA.119+57
MN,OC AQ\1\ON TOTAL OWNERSHIP
OF\4� I (NOT TO SCALE)
i LPN
PT. LOT I 3
LOT 2
w
W
I
1
1
PT. LOT I
i
MATCHLINE A
COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 7
JWA DEPARTMENT OF TRANSPORT,��,I*
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL No, 23
OWNER: HACH CHEMICAL COMPANY
SECTION: 06 T 83 N-R 23 W. LEGEND
SCALE:I"- 100, W.D.OR EASEMENT LINEt
ACCESS LOCATIONt
CITY OF AMES PRWERTY LINE, rT�
02/13n000 anl0W G68%."d%IOOM8023.pp�
SHEET 2 of 2
REV. /2 /01 MJL
N
MATCHLINE A
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3 I I CARS p0o\ �pN
g�0 pQ0 � i SPEN R�PL
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PROPOSED
OAYTON AVENUE i LOT 4
i
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LOT 5 TEMPORARY EASEMENT
I TO SHAPE
I
STA.113+01
i
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j I
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j
III+52 t Ea.R/W
59' i I
EXISTING III+21 t Ex.R/W
DAYTON AVENUE 89•
I
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SW CORNER
SEC. 06-83-23 j
i
i
E.LINCOLN WAY
....................-..................--------------- - —-------- ------•- .---------------------------—-
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COUNTY: STORY PROJECT NO.- STP-U-0155(637)--TO-85 P,
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