HomeMy WebLinkAboutA001 - Street Easement INST.NO, O 0 4 " 7 0
RETURN�TO: STa . . WA p
CITY OF AMES FILED FDR RECORD i. D
BOX 811
AMES IA 50010-0811 MAR 2 9 2002 PM
SUSAN L.VANDE KAMP,Recorder�t�✓
REC.FEE$662itAUD.FEE t —
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Brian H.Davis,3M Center,Building 220-11 W-02,St.Paul,MN 55144-1000
Address Tax Statement To:3M Center,Building 220-11 W-02,St.Paul,MN 55144-I000
STREET EASEMENT
MINNESOTA MINING AND MANUFACTURING COMPANY, a corporation under
the laws of the State of Delaware, with principal offices in the City of St. Paul, County of
Ramsey, State of Minnesota, hereinafter called GRANTOR, for and in consideration of
the sum of One Dollar ($1.00) and other valuable consideration to it paid by the THE
CITY OF AMES, IOWA a Municipal Corporation, of the County of Storey, State of Iowa,
hereinafter called GRANTEE, the receipt of which is hereby acknowledged, hereby grants
and conveys unto GRANTEE, its successors and assigns, a perpetual easement for public
street, utilities and street construction and maintenance purposes over all the tracts or
parcels of land lying and being in the City of Ames, County of Storey, and State of Iowa
described on Exhibit A attached hereto.
GRANTOR further grants to GRANTEE, over, across and under the area shown
on the attached Exhibit B, a temporary construction easement to allow GRANTEE, its
agents, contractors and employees a right of entry in, upon and into 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. The temporary easement for construction granted
under this agreement shall terminate, cease and become null and void on completion of the
said street project.
GRANTEE, for itself, its successors and assigns,, agrees that any utility lines shall
be buried so as to have a minimum depth of 36 inches from the top of the utility line to the
surface of the ground.
GRANTOR excepts from this easement and reserves unto itself, its successors and
assigns, the right to access to GRANTOR's property over the easement area at such
location or locations to be agreed upon by GRANTOR and GRANTEE. GRANTOR
agrees that it shall not erect any structures, or other objects, permanent or temporary, on
said strips of land, without the prior written approval of GRANTEE.
GRANTEE for itself, its successors and assigns, covenants that it will pay the
reasonable value of any physical damage done to the property of GRANTOR, its
successors and assigns, arising at any time out of the exercise by it of the rights'herein
granted. It is acknowledged that GRANTOR, as owner, shall have five years from the
date of this agreement to renegotiate construction and maintenance damages not apparent
i
EXHIBIT A
Permanent Easement Area
A part of the Northwest 1/4, and part of the Southwest 1/4, all in Section 6, Township 83
North, Range 23 West of the 5`h P.M., in the City of Ames, Story County, Iowa, and more
particularly described as follows:
PARCEL `A':
Commencing at the Northwest Corner of said Section 6; Thence South 00'01'04" East
along the west line of said Section 6, 100.00 feet; Thence North 89°56'30" East, 45.00
feet to a point on the existing southerly right-of-way line of East 13'h Street, said point
being the Point of Beginning; Thence North 89056'30" East along said existing southerly
right-of-way line, 7.00 feet; Thence South 00°01'04" East, 801.00 feet; Thence South
89058'56" West, 7.00 feet to a point on the existing easterly right-of-way line of Dayton
Avenue; Thence North 00'01'04" West along said existing easterly right-of-way line,
801.00 feet to the Point of Beginning and containing 0.13 acres (5,607 S.F.).
And
PARCEL `B':
Commencing at the West 1/4 Corner of said Section 6; Thence South 89°59'44" East,
45.00 feet to a point on the existing easterly right-of-way of Dayton Avenue; Thence
South 00°00'16" West along said existing easterly right-of-way line, 349.58 feet to the
Point of Beginning; Thence South 89°59'44" East, 6.00 feet; Thence South 00°00'16"
West, 132.00 feet to a point on the North line of Lot 1, Weiss Addition; Thence North
89°59'44" West along said North line, 6.00 feet to a point on said existing easterly right-
of-way line; Thence North 00900'16" East along said existing easterly right-of-way line,
132.00 feet to the Point of Beginning and containing 0.02 acres (792 S.F.).
And -
The West 6.00 feet of Lots 1, 2, 3, and 4, all in Weiss Addition, being an official plat in
the City of Ames, Story County, Iowa, and containing 0.03 acres (1,179 S.F.).
all as shown on the Acquisition Plat attached and by this reference made a part hereof.
ky a
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.
GRANTEE agrees to indemnify and hold GRANTOR harmless from any and all
liability for damages, costs, losses, and expenses, for all injuries or death and all damage to
any and all property, by whomsoever owned, resulting from, arising out of or in any way
connected with GRANTEE's use of the aforesaid premises for the aforesaid purposes.
In the event the said facilities situate upon this easement shall at any future time be
abandoned or cease to be used, the easement hereby granted shall automatically and ipso
facto cease and determine as though this easement had never been granted, and
GRANTEE shall, at its own cost and expense, remove from said premises its property and
said facilities and shall thereupon surrender and deliver possession of said premises to
GRANTOR,its successors and assigns.
The rights granted hereunder are subject to any easements, rights of ways and
encumbrances of any kind or nature whatsoever now existing upon, over, or across the
property as described.
IN WITNESS WHEREOF, the parties hereto have subscribed their names and
affixed their respective seals this c2b f day of llluwcl�l 2002.
MINNESOTA MINING AND MANUFACTURING
COMPANY
o R P r
By
i ®'• �� 9 2 9 •f ti g ice Pre ent - J. L. Yeomans
C `V
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B
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.r
- Thomas A. Boardman
r
Assistant Secr tart'
1_.
Oi FS CITY $W„V
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3.,
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STATE OF NIINNESOTA )
COUNTY OF RAMSEY )
On this 20th day of March 2002, before
me, a Notary Public within and for said County, personally appeared
J. L. Yeomans and Thomas A. Boardman
to me known, who being by me duly sworn, did say that they are the Vice President.and
Assistant Secretary, respectively, of MINNESOTA MINING AND MANUFACTURING
COMPANY named in the foregoing instrument and that the seal affixed to said instrument
is the corporate seal of said corporation, and that said instrument was signed and sealed in
behalf of said corporation by authority of its Board of Directors, and said
J. L. Yeomans and Thomas A. Boardman
acknowledged said instrument to be the free act and deed of said corporation.
Notary Public
POSEANN C. DAVID
STATE OF IOWA ) 0TAW nU PUBLIC MINNESOU
MY gofflm,ExOr"Jan.81 2M
COUNTY OF STOREY )
On this o day of 0-41-0 2002, before
me, a Notary Public within and for said Count , ersonall a geared
Ted 1�d esri, and ( aUfb� .Voss
to me known, who being by me duly sworn, did say%at they are
Ada
respectively, o the CITY OF AMES, IOWA named id the foregoing instrument and that
the seal affixed to said instrument is the corporate seal of said corporation, and that said
instrurzient was signed and sealed in behalf of said co oratio by authority of its B -ef
and said � � esCj-) and _
TiU'vlC, - . O SS acknowledged said instrument to be the free act and deed of
said corporation.
Notary Public
�PPAI s� JILL L RIP RGER
THIS INSTRUMENT DRAFTED BY: ? * COMMISSION# 146549
MY COMMISSION EXPIRES
lowA
Brian H. Davis.
Senior Counsel
3M Center, Building 220-11W-02
St. Paul,MN 55144-1000
AMC 4
IOWA K PARIMEN1 OF IRANSPORTATION
ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 19
SECTION 06 TOWNSHIP 83N RANGE 23W
ROW - FEE XX EASE 6,699 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 MINNESOTA MINING AND MANUFACTURING COMPANY
ZNw CORNER SHEET I of 2
! SECTION 06-83-23 —E. 13TH STREET-�-
FNO CUT 'X'
_STA. ISZ+90441&V,PT•_._._._._._._._._._._._._._._._._._:_._._._._._._
W i ACQUISITION PARCEL 'A'POINT OF BEGINNING
ob i +
o c j N 89"56'30"E
c i 7.00'
N ;�,+90,67
N 89°56'30'E
45.00'
i
EXISTING 45.00'
s RIGHT-OF-MAY
is
to
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0
Ip 7.00' PERMANENT EASEMENT 0 100
i2 FOR ROADWAY PURPOSES
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15
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\N 12
;_m SOUTH LINE NW y NW y SEC. 06-83-23
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P.C.STA.= 146+32.77 (' Z OLIO II
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m ! o o P.I.STA.= 147+55.81 O 6 U) N Z
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i y P.C.STA.= 143+86.73 Z 3 Cr 3 (r 3 �
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I 1 hereby certify that this land surveying
i i document was prepared and the related surveying _
S ! work was performed by as or under my direct
i supervision and that I am a duly licensed Land
i Surveyor under the laws of the State of Iowa.
i Sc� LAND SUq
�`�a 6F,`
09 U 4Psus: Z-((-oz
+ Michael A. Date
I Michael A. Brooner. L.S.
I Brooner License Number 15980
,.� S 89'S8'S6"W
7.00' 5 9i3� My License Renewal Dote is Deceeber 31, 2002
+8
� �QwA * Pages or sheets covered by this seal:
SHEETS I AND 2
MATCHLI E A RE`✓. 02-U6-n2 GAL
REV. 10 0 i GAL
DAIF DRAWN 3 07 0
1 KSV
d:\100066811000668019.ae9
02,11,2002 1 1 1 Pq
I OWA OEPAR NEV OF TRANSPORTATION
ACQUISITION PLAT
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 19
SECTION 06 TOWNSHIP 83N RANGE 23W
ROW - FEE XX X, EASE 6,699 SO. FT,* X, 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 MINNESOTA MINING AND MANUFACTURING COMPANY
MAT *LINE A SHEET 2 of 2
i�---� EXISTING 45.00'
! RIGHT-OF-WAY
i
W Y4 CORNER.
i SECTION 06-83-23
i CALCULATED POSITION
__ STA. 136+30.01. 13.50' RT.
—WATT STREET�- i S00°00'16"W 70.01'
y
S 89°59.44•E S89°59'44'E 30.00' prc
45.00' +6 3 Z 5
EASEMENT _ 8 •
POINT OF S00°00'16"W 10.00' QeG \OAP
w BEGINNING i ES
0 � PM
o °o N890S9'44'W 30.00' �t O
o i Cd G
o io
_ P[IL&x 30' PERMANENTQ 100
ECTRICITY TRANSMISSION
& DISTRIBUTION EASEMENT
! s
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0 0 o SCALE
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� � H
S 89°59'44"E
6.00,
i
+ +
. 64.
i
ACQUISITION PARCEL 'B'
POINT OF BEGINNING
o0 oa
WEST LINE OF SW 1/4 j c o aQ
SECTION 06-83-23 = v!
N 00°00'16"E 6.00' PERMANENT EASEMENT
i
FOR ROADWAY PURPOSES
C .41+48,43
i +4 64' LOT I
• i
N 89°59'44"W
6.00' LOT 2
Pp0
LOT 3
i
i
LOT 4
U.P.R.R.
REV. 02-06-02 GAL
REV. 10-0 GAL
DATE DRAWN 3-07-01 KSV
d,\i 000ssev000sseo 1 a.°co
02/ni2002
IOWA DEPARIMENT OF TRANSPORTATION
ACQUISITION PLAT EXHIBIT "A"
"A"
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 20
SFCrION _ 06 TOWNSHIP 83N RANGE 23W _
ROW - FEE xX X, EASE 1.179 SO. FT. AC, 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 MINNESOTA MINING AND MANUFACTURING COMPANY
I pF
NM COR. LOT I Pj• 06
I S 89°59'44"E S`�G
i
j + 6
i
i
+ i 6.00' PERMANENT EASEMENT LOT I
FOR ROADWAY PURPOSES
( j �l0" LOT 2
w i
b b
LOT 3
LOT 4
Ij 1 i
64.50
i
S 82°39'I6"W U,p.R.R•
+ 6.05'
SW COR. LOT 4
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NEST LINE OF SW 1/4 O
cn¢
� ! SECTION 06-83-23 (n O
PULLMAN ST• ` N 00°00'16" E w
0 30
r EXISTING 45.00'
a i RIGHT-OF-WAY �
u+ 06
Z
l7 w
5-
-W
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L»a
I hereby certify that this land surveying
doament was prepared and the related surveying
work was performed by me o under aw direct
supervision and that I am a duly licensed Laid
survey under the laws of the State of Iowa.
S�p LAND0 7-
Michael A• Michael A. Brooner, L.S. Date
0 100 Brooner License Nu:rber 15980
LN-� 15980 My License Renewal Date Is December 31. 2002
SCALE
low jc Pages or sheets covered by this seal:
REV. 02-06-02 GAL
REV. 10-02-01 GAL
gArF &802 3-07-01 KSV
gn1000 68�I00 68020.a<q Page
02/II/2002 uJ
STORY COUNTY
PROJ.NO. STP-U-0155(637)-70-85
PARCEL NO. 19
THE PERMANENT EASEMENT FOR ROADWAY PURPOSES GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
A part of the Northwest 1/4,and part of the Southwest 1/4, all in Section 6,Township 83 North,
Range 23 West of the 5�'P.M.,in the City of Ames, Story County,Iowa, and more particularly
described as follows:
PARCEL `A':
Commencing at the Northwest Corner of said Section 6; Thence South 00'01'04"East along the
west line of said Section 6, 100.00 feet;Thence North 89°56'30"East,45.00 feet to a point on the
existing southerly right-of-way line of East 13'h Street, said point being the Point of Beginning;
Thence North 89°56'30"East along said existing southerly right-of-way line,7.00 feet;Thence
South 00°01'04"East, 801.00 feet;Thence South 89°58'56"West, 7.00 feet to a point on the
existing easterly right-of-way line of Dayton Avenue; Thence North 00°01'04"West along said
existing easterly right-of-way line, 801.00 feet to the Point of Beginning and containing 0.13
acres(5,607 S.F.).
And
PARCEL `B':
Commencing at the West 1/4 Corner of said Section 6; Thence South 89°59'44"East, 45.00 feet
to a point on the existing easterly right-of-way of Dayton Avenue; Thence South 00'00'16"West
along said existing easterly right-of-way line, 349.58 feet to the Point of Beginning; Thence
South 89059'44"East, 6.00 feet;Thence South 00°00'16"West, 132.00 feet to a point on the
North line of Lot 1,Weiss Addition;Thence North 89159'44"West along said North line,6.00
feet to a point on said existing easterly right-of-way line; Thence North 00'00'16"East along said
existing easterly right-of-way line, 132.00 feet to the Point of Beginning and containing 0.02
acres(792 S.F.).
\\HP\USERDATA\2000_projects\100.0668\wp\PARCELI9FEE.DOC 02/06/02 10:46 AM Pao
"
9
STORY COUNTY
PROJ.NO. STP-U-0155(637)-70-85
PARCEL NO. 20
THE PERMANENT EASEMENT FOR ROADWAY PURPOSES GRANTED IS TO LAND
DESCRIBED AS FOLLOWS:
The West 6.00 feet of Lots 1,2, 3,and 4, all in Weiss Addition,being an official plat in the City
of Ames, Story County,Iowa,and containing 0.03 acres(1,179 S.F.).
\\HP\USERDATA\2000—Projects\100.0668\wp\PARCEL20FEE.DOC 02/06/02 10:46 AM e 1
P9
EXHIBIT B
Temporary Construction Easement Area
�9
• IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PJAN
£xhi b�
PARCEL NO.: 19
OWNER: MINNESOTA MINING AND MANUFACTURING COMPANY
SECTION: 06 T 83 N-R 23 W. LEGEND
SCALE:I"= 100' W.O.OR EASEMENT LINE:
CITY OF AMES ACCESS LOCATION:
PROPERTY LINE. lr�
11/01,01 0,\JLP\100.0668\catla\10006680 Mpp"
REV. 09/26/01 - MJL SHEET 2 Of 2
REV. 10/26/01 - JLP
N
MATCHLINE A
r
W 4 CORNER
SEC. 06-83-23 136+30
108'
�{ WATT STREET 135+60 +-
_________-- 591
--- I I3694O PERMANENT EASEMENT
EXISTING i 135+60 FOR ELECTRICITY
DAYTON AVENUE 89' TRANSMISSION
135+50 AND DISTRIBUTION
89'
135+50 t
59' ; TEMPORARY EASEMENT
134+54 TO SHAPE
3 94'
� I
i 134+54
x i 164'
w
' p10
I ''A Apo
PROPOSED QZ• NSy! �a3,23
DAYTON AVENUE Q EC QFi'
I S
i
i I
132+81
STA.133+69 i - 164'
i
132+8I 132+81
59't Ex.R/W 94'
i
i
132+80
65'
I 1
131+48 ±
94•
i
i
131+48 * 131+48 t
59' 65' LOT I
LOT z WooS��ON
i
P
3
LOT 3
I X
I W
i
LOT 4
i
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;
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1
COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85
IOWA DEPARTMENT OF TRANSPORTATIOO
PROJECT DEVELOPMENT
PLOT PJAN
PARCEL NO.: 19
OWNER: MINNESOTA MINING AND MANUFACTURING COMPANY
SECT I ON.• 06 T 83 N-R 23
W. LEGEND
SCALE:I"= 100, W.O.OR EASEMENT LINE:
CITY OF AMES ACCESS LOCATION:
PROPERTY LINE.
10,08/2001 a:\mfl\100.0668\eace\I000668011.p
SHEET I of 2
REV. 09/
151+91± Ex.R/W
59, E.13TH STREET
151+91± Ex.R/W 151+91± Ex.R/W N
52' 101'
i
i
i
i
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! 1
I
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EXISTING
DAYTON AVENUE
i
i
TEMPORARY EASEMENT
;
TO SHAPE
i
;
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N�
1 `/A P�F
PI, NSW 83,33
?I. 3r,
—41
SE
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PROPOSED
DAYTON AVENUE
i
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i I
I
;
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I TOTAL OWNERSHIP NW Corner
(NOT TO SCALE) SEC 06-83-23
3
X j
W
I
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I I
1
i
t 143+90 ±
143+90 66'
59'± Ex. /W
i
—J
MATCHLINE A
COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 I
IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: 20
OWNER: MINNESOTA MINING AND MANUFACTURING COMPANY
SECTION: 06 T 83 N-R 23 W. LEGEND
SCALE:I"= 100, W.O.OR EASEMENT LINE:
CITY OF AMES ACCESS LOCATION.
-40 moll-
PROPERTY LIME. ) 1 4
10/00/2001 d,\n.j1\100.0668\Cr \1000668020.ppn
REV. 09/26/0 1 - MJ
N
i
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i 131+48 t Ex.R/W '
F�+4
/13
8 t
'
i
LOT I WEOS�pN
pO
TEMPORARY EASEMENT LOT z
TO SHAPE
i
LOT 3
i
i
LOT 4
i 1
i
;
129-56 t EX.R.R.R/W
90'
� 1
w i 129+52 t EX.R.R.R/W
65'
i
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i 129+52 t Ex.R.R.R/W
59,
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1 X
I
EXISTING
DAYTON AVENUE PROPOSED �}
i
DAYTON AVENUE
i
1
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;
I
1
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1
I
1
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i ---- -FORD STREET
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COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 pnt