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Home My WebLink AboutA003 - Street Easement Agreement 102 - 04867 IN9 '•Ne, RETURN TO: FILED FOR RECORD D CITY Ar2ES BOX 811 MAR 2 g 2002 PM 11 AMES IA 50010-0811 SUSAN L.VANDE KAMP,Recorder REC.FEE$&W AUD.FEE$ 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 MERIGAS EAGLE PROPANE, L . P. (FKA THIS AGREEMENT, ade and entered into effective as of thedb day of 616L'fC,t 20 da, by and betwee National Propane, L.P. Grantors, and THE CITY OF AMES, IOWA, Grantee, WITNESSES: \AND COLUMBIA PROPANE, L . P , ) WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot 1, Block 1, Landfill Addition to the City of Ames, Iowa in 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. TMorM 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 J:\2000_projects\l00.0668\ROW\Parcels\6 Natl Propane\STREET EASEMENT.doc :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. states to the best of its knowledge 7. Warranty of Title. Grantorsd Cr nut =d warrant to 6rante 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. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement sq. ft. $ -- b. Temporary easement 5,378 sq. ft. $ 1,100.00 C. Improvements $ -- d. $ Administrative TOTAL $ 1,100.00 J:\2000_projects\100A668\ROW\Parcels\6 Nad Propane\STREET EASEMENT.doc ea M ;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 AMERIGAS EAGLE PROPANE, L , P , ( FKA NATIONAL PPMANE, L . P . AND COLUMBIA PROP , L . P y: • AmeriGas Eagle Holdings, Inc. 't general partner BY `'' BY /Robert H. Knauss, Vice President — B A. Paul Grady, Sr. Vice President — Law, Associate General Counsel Operations, Chief Operating Officer STATE OF ) SS COUNTY OF� (YWA On this 4ib day of V ,20t1 ,before me,the undersigned, a gt;jry Public in and for the State of � 7 i ,personally appeared JS and. zu C� tom pelsonally known,�io,being by me duly sworn,did say that they are the�jQ 1j a��i) tr[r �tV1) ie l if-A JTluuu ,respectively, of the corporation executing the foregoi n trument;that the instrument s si a on b alh f of the corporation by authority of its Board of Directors;that t� V_�,kZ;u--,S and acknowledged the execution of the instrument to be the voluntary act and deed of the �a Nation and 6t he fiduciary,by it,by them and as the fid iary vginntarily exe tb$. e�u*t.^ab I // i. �!z•v. ni Seal d yr,n S.Qr,::m,iVotary r'�_iblic •�"� ,� __�_, µ�� r:,t,.r t�lcron Twp., r�?ontgcmery County r0V Commission Expires Sept.6,2003 Notary P Iic r;,n F �..., ssociation of Notaues� SfA1" F I i 64Y OF STORY, SS: this ( day of M0. ,2004 ,before me a Notary Public in and for the State of Iowa, ype`r Eons l `appeared TQ n(�SCO and �(QVl2� .VC 55 , to me personally known,and, 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.1�_ � adopted by the Ci Council on the7p day of MQ� ,2= ,and that �(/� � 5 l'O and ��(Q VLei. VO'� 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 ory ounty,Iowa J:\2000_projects\100.0668\ROW\Parcels\6 Nad Propane\STREET EASEMENT.doc oPOAL JILL L. RIPPERGER COMMISSION#146549 MY COMMISSION pCPIRES 7- Pale 3 IOWA DEPARTMENT OF TRANSPORTATION PROJECT DEVELOPMENT PLOT PLAN PARCEL NO.: 6 OWNER: NATIONAL PROPANE, L.P. SECTION: 01 T 83 N-R 24 W. LEGEND SCALE:Y= 100, w.0.OR EASEMENT LINE, CITY OF AMES ACCESS LOCATION, PROPERTY LME, IWO8/2001 a,\m,,\10O.O668\1a d%1000668006.p REV. 9/ / MJL , i N G. i i i 3 11 LOT 7 ¢ BLOC P�O`�\ON 124774 t Ex.R/W w 7 ± 12 4+75 t i �p 92' 124+75 t EXISTING 102' DAYTON AVENUE ' 12�t4I/ 124+11 134' TEMPORARY EASEMENT TO SHAPE 123+52LOT 6 134'LOT 1 12z PERMANENT EASEMENT j°_FOR ELECTRICITY TRANSMISSION 122+10 AND DISTRIBUTION 72't 122+10 t I I i 57' I Btoc.l i I I i I 1 i I 1 i LOT 4 LOT 3 _— LOT 2 i i i i i i i i i € EDISON STREET .............—•——---------•—•-------------•----•------------ --——•-------————•---———---——— -1 PROPOSED � DAYTON AVENUE i i i i i i i i i i i i , i , COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 D P9 e