HomeMy WebLinkAboutA002 - Street Easement Agreement RETURN TO 02 - 0337 4
INST.NO. /
STORY COUNTY,IOWA ✓�-
AMES CITY CLERK 5 FILED FOR RECORD M
BOX 811 AMES IOWA 50010 \V--:-AM
MAR 0 1 2002
SUSAN L.VANDE KAMP,RecorderS`"'—
REC.FEE$�L.CPAUD.FEE$
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
to
THIS AGREEMENT,made and entered into effective as of the 22 day of
FEBRuOn y , 20 ,by and between The City of Ames d/b/a Mary Greeley Medical
Center, Grantors, and THE CITY OF ANTES, IOWA, Grantee,WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
Parcel"C"of Lot 5, First Addition to Ames Industrial Park Subdivision and part of the NE Frl.
1/4 of Section 1, Township 83.North, Range 24 West of the 5th P.M., Ames, Story County, Iowa
as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on the
28th day of March, 1996, and recorded in Book 13, Page 212 as Instrument No. 96-02672.
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 to the property as may be caused by
the negligent acts or omissions of the Grantee or its agents, contractors, or employees.
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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.
Construction equipment shall not be allowed to cross the Grantor's parking lot except by
means of the most direct route to and from the work site, and that route shall be marked on the
site by the City's engineer in consultation with an authorized representative of Mary Greeley
Medical Center. There shall be no parking or storage of construction equipment on the parking
lot. There shall be no lay-down of materials, or storage of materials on the parking lot. The
parking lot shall not be used as a staging area for construction work. If construction activity
causes damage to the parking lot, that damage shall be promptly repaired by the City to the
satisfaction of Grantor at the sole expense of the Grantee.
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. Indemnification. Grantee agrees to indemnify and hold Grantor harmless as to all
loss, damage or expense sustained by Grantor and as to all liability of Grantor to third persons by
reason of damages or injuries to persons or property resulting from the Grantee's exercise of the
rights granted to Grantee under this Agreement.
J:\2000_projects\100.0668\ROW\Parcels\14 Mary Greeley\STREET EASEMENT.doc ��
10. Nonexclusive Easement. The easement rights granted under this Agreement to
Grantee are nonexclusive. This Agreement shall not preclude Grantor from granting similar
easement rights to third parties upon terms and conditions that do not impair or diminish the
rights granted under this Agreement to Grantee.
11. Statement of Payment. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement sq. ft. $ --
b. Temporary easement 25,058 sq. ft. $ 13,531.00
C. Improvements $ --
d. $
Administrative
TOTAL $ 13,531.00
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.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed
and sealed as of the date first above written.
GRANTORS
BY --B-Y
�f;ce Pces�cle�-E��(=p
STATE OF T76u�0- )
)SS
COUNTY OF 1 )
On this p_day of ( ,2C,; before me,the undersigned,a Notary Public in and for the State
of Tow o, ,personally appearM 'and ,to
me personally known,who,being by me duly sworn,did say that they are the Vito Q PCe Si d2x�t 1',F�-and-
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 h-;cu-\ bi4+t' , and
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 fiduciary voluntarily executed.
Notary Public
TARA WIRTH
Notarial Seal -Iowa
J:\2000_projects\100.0668\ROW\Parcels\14 Mary Greeley\STREET EASEMENT.doc Commission#184976
My Commission E Aires —S
Po9 e..3
GRAN E �^ y
T Ied C5 Chi (� o�o r I l�. Voss,
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STATE OF IOWA,COUNTY OF STORY,SS: ''� �,• �'; tiV
On this �6; day of r 20P-X,before me,a Not Public in and for the State
personally appeared 'TE.b TED as ne) and 7)1,q & _���� ,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 authority of its City Council,as contained in
Resolution No. Oa-/// adopted by the City Council on the R0*- day of P, ,20 0�and that
D � f_SCD and / /t/�If.. 0 Z acknowledged the execution I&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 an or Stogy County,Iowa
AL JILL L. RIPPERGER
t` COMMISSION#146549
tin CoMMrssm Surs
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IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: 14
OWNER: DBA MARY GREELEY MEDICAL CENTE.R
SECTION: 01 T 83 N-R 24 W. LEGEND
SCALE:1"= 100, W.O.OR EASEMENT LINEI
CITY OF AMES ACCESS LOCATIONt
PROPEWTY LINE,
11/0IK001 dAI000668\c*dd\100066801Cppn
REV. 11/01/O1 - GAL
REV. 09/26/01 - MJL
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NE CORNER jv
i SEC. O1-83-24
__ ............................tE.13TH STREET 152+51 t Ex.R/W i
_. -...................... ST.............. '-'-'---- ---'-'-'-'-'-'--------•----
152+51 t Ex.R/W
152+51 t Ex.R/W
63'
t 38'
i
152+52 t Ex.R/W i
97'
i
152+16 t Ex.R/W
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152+16 t Ex.R/W i
57' I
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\p�QQQ TEMPORARY EASEMENT
;� TO SHAPE W
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A,
Q PARCEL 'C'
8K.131 PG.212 i
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PROPOSED
DAYTON AVENUE
PERMANENT EASEMENT
FOR ELECTRICITY i
TRANSMISSION
AND DISTRIBUTION i
LOT 4 148+02 t
57' 148+3 t
i 38
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147+3 t t 1 1
96'
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�jpN MEND I EXISTING
O%4B v\S��N i DAYTON AVENUE
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LOT I
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X 1
W 1
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COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85