HomeMy WebLinkAboutA002 - Street Easement Agreement ti
t INST.NO, 02 - 04864
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RETURN TO: STORY ,IOWA A
CITY OF AMES FILED FORRECORDIA4� Q
BOX 811 ",�
AMES IA 50010-0811 ?'Vt MAR 2 9 20o2 PM
SUSAN L.�V,A-NDE KAMP,Recorder
REC.FEE�L�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 thea, day of
NICLVJ\ , 20 wl,by and between Manatts, Inc., Grantors, aiid--THE-E CITY OF
AMES, IOWA, Grantee, WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
Parcel `B"; Lot Two (2), EXCEPT the West 100 feet thereof; Dayton Road Development
Subdivision, in the City of Ames, Story County, Iowa; as shown on the"Plat of Survey" filed in
the office of the Recorder of Story County, Iowa, on July 19, 1994 and recorded in Book 12 at
Page 110; 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:
The East 6.00 feet of Lot 2, in Dayton Road Development Subdivision, being an official plat in
the City of Ames, Story County, Iowa, and containing 0.08 acres (3,360 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, AND ARE 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. It is
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0
understood and agreed the Grantee will not store equipment or material, or allow contractor's
temporary office to be located within the easement area. 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.
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.
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I r ,
9. Statement of Payment. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement 3,360 sq. ft. $ 6,720.00
b. Temporary easement 8,867 sq. ft. $ 1,775.00
C. Improvements $ --
d. $ --
Administrative
8,495.00
itRid-
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed
and sealed as of the date first above written.
GRANT
BY .-./ BY
STATE OF L)Luca-
COUNTY OF )SS
On this day of FebY ,2W 2,before me,the undersigned,a Notary Public in and for the State
of Iowa,personally appeared -TD19r,, In ca and ,to me
personally known,who,being by me duly sworn,did say that they are the and
respectively,of the corporation executing the foregoing instrumen;that the instrument
was signed on behalf of the corporation by authority of its Board of Directors;that 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 Yol tardy executed.
• PAMELA J.BENISHFK Notary Public
cwwdsdm Nunbr IQ167_
•ow. y W Comm.EV, f n S
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GRAN .a
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$1 �
STATE OF.IOWA; O NTY OF STORY,SS:
On this day of M0..711. ,20(7a,before me,a Notary Publ�in and for the State of Iowa,
personally appeared re E;S 2 Cfi and f Ol U}e��,. 1tSG ,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 authofity of its City Council,as contained in
Resolu ' n No. O A— ,3 adapt by,the City Council on the dCo. day of IVtu f� ,20�,and that
T Cb and (a
K IjI 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 fo ttory ounty,Iowa
JILL L.RIPP#R E
Ak commissioN
6549
-, MY COMMISSION EXPIRES
,oWA 3-J�-D3
J:\2000_projects\100.0668\ROWU'arcels\12 Manatfs\STREET EASEMENTrev.doe pal
• IOWA DEPARTMENT OF TRANSPORTATION • ""'L i as
` ACQUISITION PLAT
EXHIBIT "A" "
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 12
SECTION 01 TOWNSHIP 83N RANGE 24W
ROW - FEE xx EASE 8,400 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 MANATTS, INC.
EXISTING
RIGHT-OF-MAY
6.00, 1.
yS0 04�\O� "A
E
i
pP yE�'\y\5 i
pJ00 i
S S 88�°51'44"E NE COR. LOT 2
9.00, FND. " REBAR
WITH P #8130
i
--11 lL i
(17 i
(n(n tC00 v
0
m�o�Mmo
9.00, PERMANENT �' o
- ELECTRICITY TRANSMISSION r' z
Z 2 0*p 8 DISTRtBUTION EASEMENT—j fig+
O 3 W DO�J��'�`d ti F, i Q
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o `uSufDi of <
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O LU e e
>-41U zzl, H
oacnW f
�oQ� r'
1— ww F' EXISTING 45.00`
N N RIGHT-OF-WAY
�r—ary f,
oowW t
L.)J LL 0- ('
8.00' PERMANENT
EASEMENT FOR i EAST LINE OF NE FRL. 1/4
ROADWAY PURPOSES ( SECTION Ot-83-24
t N 00°01'04" W
V
SE COR. LOT 2
F. FNO. 1" GAS PIPE
t' ,
I' EAST V4 CORNER
+ ON SECTI 01-83-24
CALCULATED POSITION
STA. 136+30.01. 14.00' RT
N 88°51'44'M ,
WATT STREET 9.00,
+ i
i
N 88.5I'44"W +30.91
6.00'
i
i
I hereby certify that this land surveying
document vos prepared and the related eurveylnp
vwk was perfa TM by we er Under My direct
apervlslon and that I am a duly Ilommimi Land
LAND
Surveyor urWer the lava of the State of [ON.
SGq�F
Michael A. Michael A. Brooner. L.S. 0ota
BrOoner License Nunber 15980
SCALE 15980 My Llaenee Rental Date Is Deoeeber 31, 2002
Pages or sheets covered by this aegis
REV. 02-06-02 GAL
REV. 11-21-01 JCC
REV. 10-02-01 GAL
DATE DRAWN 3-06-01 KSV
d,11000668\1000668012.acq ���
03/11/2007
STORY COUNTY
PROD.NO. STP-U-0155(637)-70-85
PARCEL NO. 12
THE PERMANENT EASEMENT FOR ROADWAY PURPOSES GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
The East 6.00 feet of Lot 2,in Dayton Road Development Subdivision,being an official plat in
the City of Ames, Story County,Iowa,and containing 0.08 acres(3,360 S.F.).
\\HP\USERDATA\2000_projects\100.0668\wp\PARCELI2FEE.DOC 02/06/02 10:46 AM n 3e
IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: 12
OWNER: MANATTSi INC.
SECTION: 01 T 83 N-R 24 W. LEGEND
SCALE:) 100' W.D.OR EASEMENT LINEt
ACCESS LOCATION.
CITY OF AMES
PROPERTY LINE. ►•Il•f
02/13/2002 dA1000666%Gdddl I000666012.ppn
R Y 9 f - MJL
REV. 11121111 - JCC LOT 1 141+91 t 3
i
38' I N
X
141+91 t 1tl 141+90 t
47' i 32'
I
141+91 t
48' i
I � i
I
1 SLOG. < PERMANENT EASEMENT
FOR ROADWAY PURPOSES
i
i
Ste. 13 +07
48' LT PROPOSED
! DAYTON AVENUE
+
90' LT
s
N Rp NS ITEMPORAR17EASEMEN7T
O�v�o vN`S pp1 TO SHAPE W
SV� i
_ 1
PT.LOT 2
i
I
PERMANENT EASEMENT
FOR ELECTRICITY 'S,�A.138-59
TRANSMISSION
AND DISTRIBUTION
Sta.138+11
90'LT
I
Ste. 138+11
NOTE: POND NOT TO BE
DISTURBED BY 136+34 t Ex.R/W
CONSTRUCTION 136+31 t EX.R/W 32'
43'
i
AC i
WATT STREET E14 CORNER
SEC. 01-83-24
TOTAL OWNERSHIP 136+31 t EX.R/W
(NOT TO SCALE) 8'
36+31 LX.RlW
47'
e�pdf-Ovo �SON
N ; EXISTING
I
DAYTON AVENUE
X
W
1
PT.LOT 1
i
i
i
I
i
COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 PQ9e