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Home My WebLink AboutA001 - Street Easement Agreement t '� �' • 02 03042 • INST.NO. �� IOWA Od RETURN TO: STAY ' CITY OF AMES FILED FOR RECORD BOX 811 M AMES IA 50010-0811 FEB 2 2 2002 PM D Udi G SUSAN L VANDE KAMP,ReCOrder REC.FEE$,%&AUD•FEE$--- 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 i day of Fe—bru-fir , 206a,by and between Universal Harvester Co., Inc., Grantors, and THE CITY OF AME , IOWA, Grantee,WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot 5, Block 3, Landfill Addition to Ames, Story County, Iowa, together with any easements and servient estates appurtenant thereto, subject to the building line set-back of thirty(30) feet on the East, and subject to utility easement of five (5) feet on the North and seven and one-half(7 %2) feet on the West, and then ten (10) feet on the East, over, under and above the above-described property, and further subject to applicable zoning restrictions, and covenants and easements of record. 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: The East 10.00 feet of Lot 5, Block 3 in Landfill Addition,being an official plat in the City of Ames, Story County, Iowa, and containing 0.11 acres (4,902 S.F.) all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 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. J:\2000_projects\100.0668\ROW\Parcels\2 Univ Harv\STREET EASEMENTrev.doc 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 maybe 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. 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. J:\2000_projects000.0668\ROW\Parcels\2 Univ Harv\STREET EASEMENTrev.doc 9. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement 4,902 sq. ft. $ 9,804.00 b. Temporary easement 14,932 sq. ft. $ 2,986.00 C. Improvements $ -- d. $ Administrative a. Landscaping $ 700.00 TOTAL $ 13,500.00(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 STATE OF I OWCL ) COUNTY OF � �( SS ) On this 14- day of 6rV-Ul' ,20p&before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared alis A. 14cidcbrtnk• and ,to me personally known,who,being by me duly sworn,did say that they are the Prc s1'd 4y%+ 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 Mis A. tkldebr4Y4c, and acknowledged the execution of the instrument to be the voluntary act and deed of the corporation by it voluntarily executed. AMY J.WALTER Gi-I1 - Commission Number 197262 MY Commission Expires Notary Public -LP' J:\2000_projects\100.0668\ROW\Parcels\2 Univ Harv\STREET EASEMENTrev.doc 3 GRAN TecE l e esc.C, major j)1aV V055; G STATE OF IOWA,COUNTY OF STORY,SS: On this�l�e flay of ,200d, before mere Notary Public in and for the State of Iowa,personally appeared re,Ll I L' isco and ---b JaV , VO 5S ,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,b a thority of its City Council,as contained in Resolutio No. ado ted by the City Council, the 1' day of �� ,20 02,and that 79 I C-C eSCG and I�CX.-& R . VOSS 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 folgtory 6ounty,Iowa 10At JILL L. RIPPERGER Z~ � COMMISSION# 146549 * " MY COMMISSION WIRES town► 3-/ 03 IIPPliOYRD 11 RM J:\2000_projects000.0668\ROW\Parcels\2 Univ Harv\STREET EASEMENTrev.doc CW P-4— IOWA DEPARTMENT OF TRANSPORTATION ACQUISITION PLAT EXHIBIT "A" � COUNTY STORY STATE CONTROL NO. PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. Z SECTION 01 TOWNSHIP 83N RANGE 24W ROW - FEE XX X, EASE 19,835 SO. FT. ><, EXCESS - FEE XX AC ACQUIRED ACCESS RIGHTS FROM STA. TO STA. MAIN LINE SIDE ACQUIRED ACCESS RIGHTS FROM STA. TO STA. SIDE ROAD SIDE ACQUIRED FROM UNIVERSAL HARVESTER CO.. INC. S89'40'48'E + 30.00' �OZ 2 ME COR. LOT 5 "30.00' '48"E FNO. 2" GAS PIPE W I� } 10 T: 1p LL LL ,- 1: POO cn(n d 10.00'EASEMENT ROADWAY PURPOSES W 1/ tW i pkNG I S ¢Z 0 a w O 15,E 1'"' 70 EAST LINE OF SE 1/4 r ¢ �'� 'v t''1e ' p SECTION 01-83-24 < i . o N 00°00'16" E Oef OO Ui S `OAP g�,'; a i EXISTING RIGHT OF WAY J z x ty Q E G� I, , Oauluj 1' 1-J w w 30.00' PERMANENT ELECTRICITY •' TRANSMISSION & DISTRIBUTION EXISTING 45.00' NLn EASEMENT Y;' j Cri 1, RIGHT-OF-WAY OOWLi1 QJ �6L ,' ! SE COR. LOT 5 FND. 3/4" GAS PIPE 1. + i' i i 80, i S69'44'43"W 31.98' i i • i S69'44'43"W + 10.66' 1- N SE COR. SEC 01-83-24 FND. LEAD PLUG STA. 109+99.98, 13.50' RT. ^--E. LINCOLN WAY— ____________________......... -------------'------_._................ i I hereby oertify that this land surveying doassnt was prepared and the related surveying wark was performed by r or under my direct supervision and that I Da a duly Ihoonmed Land SLrv4yor under the lace of the State of Iowa. (!D Michael A. Brocner. L.S. Date 0 100 License Number 15980 Wy Lioenee Renewal Date is Deoenber 31. 2002 SCALEPages or slxets covered by this seal: REV. 02-06-02 GAL REV. 10-01-01 GAL r DATE DRAWN 3-06-01 KSV �/f) a:�1000668\1000668002. q 02,1112002 STORY COUNTY PROJ.NO. STP-U-0155(637)-70-85 PARCEL NO. 2 THE PERMANENT EASEMENT FOR ROADWAY PURPOSES GRANTED IS TO LAND DESCRIBED AS FOLLOWS: The East 10.00 feet of Lot 5,Block 3 in Landfill Addition,being an official plat in the City of Ames, Story County,Iowa, and containing 0.11 acres(4,903 S.F.). J:\2000_projects\100.0668\wp\PARCEL2FEE.D00O2/11/02 11:45 AM • IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN PARCEL NO.: 2 OWNER: UNIVERSAL HARVESTER CO. INC. SECTION: 01 T 83 N_R 24 W. LEGEND SCALE:I"- 100, W.O.OR EASEMENT LINE: CITY OF AMES ACCESS LOCATION: PROPERTY LINE, ►�� 02/13/2002 a\1 06 0%c*ddN 1000668002.opm REV. 09/ 6/ 1 - MJL PT. LOT I LOT 3 LOT 2 116+83 ± ; 116+E3 ± Ex.R/W N 42' 32 i i 116+84 t 72' X + W 1 i PERMANENT EASEMENT 3 LOT 5 FOR ELECTRICITY X z TRANSMISSION W PROPOSED �{ AND DISTRIBUTION DAYTON AVENUE I 1 EXISTING �{ i i DAYTON AVENUE I TEMPORARY EASEMENT TO SHAPE PERMANENT EASEMENT FOR ROADWAY PURPOSES j 111+9S 2 Ex.R/W 32 III+80 t Ex.R/W tE 72' I I 1 i i i i 111+91 t Ex.R/ j IL 42' I i i i TOTAL OWNERSHIP SE CORNER fNOT TO SCALE) SEC. 0I-83'24 i ! EXIST.�{ E.LINCOLN WAY --------------------------------- _._._._._._._._._._._._._._._._--.-------- 1 I I j 1 1 I j I 1 j 1 I I j j COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 "']