HomeMy WebLinkAbout~Master - Street Easement for Dayton Avenue Improvement Project 02 - 04873
0. INST.NO 5 V
RETURN TO: F'ILto FOR RCIT " �
BOXY811 AMES MAR 2 9 2002 PM
AMES IA 50010-0811
ISUSAN I.,VANDF-KAW,A606fd6t
HEG.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 is made and entered into effective as of the IlAt,day of
K&4y.l , 2002,by and between Roche Vitamins Inc.,Grantors, and THE CITY OF
AMES,IOWA,Grantee.
WITNESSETH:
WHEREAS,Grantors are the holder of fee title to certain real estate described as:
Lot 3, Spencer's First Industrial Addition in Ames, Story County,Iowa; and,
WHEREAS, Grantee desires a temporary 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(the
parties hereto acknowledge that Grantors are donating the use of the temporary easement to Grantee and
waiving the payment of compensation)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
relinquish 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 or willful
misconduct 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
CAWINNTISTREET EASEMENTrev.doe
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 613.52 Code of Iowa.
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. Warran1y 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 until such time the temporary easement terminates(except
for Article 2 above).
9. Statement of Payment.:
Appraisal
a. Permanent easement sq. ft. $ --
b. Temporary easement 40,226 sq. ft. $C. Improvements $ --
Administrative
a. Adding title documents to
Grantors abstract $ --
TOTAL $ All
Compensation
Donated
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
CAWINNTSTREET EASEMENTrev.doc 2
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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
6 BY B `
to Form
1.P
STATE OF NEW JERSEY )
SS NO
COUNTY OF ESSEX
On this I k4L' day of /h kkrcr , 2002,before me,the undersigned,a Notar Public in and for the State
of New Jersey,personally appeared`So,✓v�c { .,-�•� tT,w and to me
personally known,who,being by me duly sworn,did say that they are the \( ref tAk—"C 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--_s and
�.��a �• Clc t'A -c acknowledged the execution of the instrument to be the voluntary act and.deed,,6ffihle
corporation and of each of them on behalf of the corporation.
N tary Public of New Jersey
ADRIENNE$A1LE
G E J
Notary Public,State of New 1ei's
My Copxiissioii des p3Jp8JZ00�t;
i P ,
Y Ay
STATE iX, COUNTY OF STORY, SS:
On this day of AA 'i1,200,before mega Votary yP�ub i in and for the State of Iowa,
personally appeared C-S Cz and �IG��(1. ftD's 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 author,}ty of its City Council,as contained in
Reso�o No. i & adopted t y the C U C�oy�ncil on the _day of n tQ(T 20G' ,and that
f eJ- .P,G�C-D and '--�,&VLU it . V QS 1 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 for Story unty,Iowa
j[k�
JILL L. RIPPERGER
OMMISSION#146549Y COMMISSION EXPIRESC:\WINNT\STREET EASEMENTrev.doc 3 .0
IOWA DEPARTMENT OF TRANSPORTATIOM
PROJECT DEVELOPMENT
PLOT PLAN
gxh(bia'6
PARCEL NO.: 22
OWNER: ROCHE VITAMINS, INC.
SECTION: 06 T 83 N-R 23 W. LEGEND
SCALE:I"-- 100, W.D.OR EASEMENT LINE%
ACCESS LOCATION:
CITY OF AMES
vxov>:nTr LINE, ►T�
02n2/2002 a,�1000668�c�a0�t000688022.00"
REV. 02/22/02 - MJL
V. 9 / I - MJL
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W 128+51 ± Ex.R/W
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— _ 293'
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TEMPORARY EASEMENT
1 TO SHAPE & CONSTRUCT
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1 ENTRANCE
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f 293'
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125+21 ± EX.R/W TA.4 6*TO
114' �—rk FORD STREET
\�12S+21 ± EX.R/W
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EXISTING
DAYTON AVENU PROP. FORD STREET
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STA.123+80 DAYTON AVE.
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STA.423+80 FORD ST.
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i PROPOSED r},
DAYTON AVENUE
LOT 4
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COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85