HomeMy WebLinkAbout~Master - Street Easement Agreement for Dayton Avenue Improvement Project 02 - 04879
INST.NO.
STORY COUN`PY,IOWA
RETURN TO:
RILED FOR RECORD I V V
�A (/
CITY of AMES *Af MAR 2 9 2002 PM
Box 811
AMES IA 50010-0811 SUSAN L.VANDE KAMP,Recorder
REC.FEE$ r . AUM 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 the J day of MAC
200' , by and between Becker-Underwood Real Estate Co., L.C., Grantors, and THE
CITY OF AMES,IOWA,Grantee,WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
Lot One (1), Block Five (5), Landfill Addition to Ames, Iowa, Except the North Eighty(80)Feet
thereof and Except the following described property: Beginning at the Southeasterly Corner of
said Lot One(1),thence North a distance of One Hundred Forty-seven and Seven Tenths(147.7)
Feet along the Ease line of said Lot One (1),thence North 87°04' West a distance of Eight
Hundred Sixty-six and Three Tenths(866.3) Feet,thence South 0°43' East a distance of Three
Hundred Three and Nine Tenths (303.9) Feet to the Northerly right-of-way of the Chicago &
Northwestern Railroad,thence North 82°36' East a distance of Eight Hundred Sixty-eight and
Six Tenths (868.6)Feet to the point of beginning and Except: Commencing at a point on the east
line of said Lot 1 that is 80.0 feet South of the Northeast corner of said Lot 1; thence
N88055'25"W, 869.62 feet along the south line of Watt Street to the point of beginning; thence
continuing N88°55'25"W, 508.10 feet along the south line of Watt Street to the west line of said
Lot 1; thence S00°09'02"W, 772.35 feet to the southwest corner of said Lot 1 and the northerly
right-of-way of the C &NW Transportation Co.; thence N82°36'E, 522.90 feet along the
southerly line of said Lot and said northerly right-of-way line;thence N00042'02"W, 695.51 feet
to the point of beginning; containing 8.08 acres, subject to existing easements of record 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., 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:
C:\Documents and Settings\jbecker\Local Settings\Temporary Internet Files\OLK3\STREET EASEMENT.doc
A part of Lot 1, Block 5 in Landfill Addition,being an official plat in the City of Ames, Story County,
Iowa,and described as follows:
Commencing at the Northeast Corner of said Lot 1,said point being on the existing westerly right-of-way
line of Dayton Avenue; Thence South 00°00'16"West along said existing westerly right-of-way line,
153.41 feet to the Point of Beginning; Thence continuing South 00'00'16"West along said existing
westerly right-of-way line,266.28 feet;Thence North 87103'44"West,40.05 feet; Thence North
00'00'16" East,264.23 feet;Thence South 89159'44" East,40.00 feet to the Point of Beginning and
containing 0.24 acres(10,610 S.F.).
all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part
hereof.
2. 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 to the Grantor 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.
3. 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 613.52 Code of Iowa.
4. 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.
5. 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.
6. 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.
CADocuments and Settings\jbecker\Local Settings\Temporary Internet Files\OLK3\STREET EASEMENT.doc
7. 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.
8. 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.
9. 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.
10. Statement of Payment. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement 10,610 sq. ft. $ 21,220.00
b. Temporary easement 6,474 sq. ft. $ 1,295.00
C. Improvements $
Administrative
a. Adding title documents to
Grantors abstract $ 50.00
TOTAL $ 22,650.00(R)
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.
CADocuments and Settings\jbecker\Local Settings\Temporary Internet Files\OLK3\STREET EASEMENT.doc
. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and
sealed as of the date first above written.
GRANTORS
BY BY
STATE OF f ()U2 eX- )
)SS
COUNTY OF :S 4-0 a'D )
On this _day of 2(I�-,before me,the undersigned,a Notary Public in and for the State
of Iowa,personally appeared ��, >c kf'� and ,to me
personally known,who,being by me duly Vworn,did say that they are the 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 C er and
acknowledged the execution of the instrument to be the voluntaey act and deed of the
corporation and of the fiduciary,by it,by them and as the fiduciary voluntarily executed.
(-� L�AA��K
Not ublic
JOANNE CURREY
Commission N ber 1917
My Comm.Ems.
GRAN E
na„ e
g 'gin
v� R
STATE OF IOWA,COUNTY OF STORY,SS:
On thiQ—Lt day of /I ,20U?before me,a Notary Publ}'c/in and for the State of Iowa,
personally appeared ��A and �b ICt.riO - �/OSS ,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 authogty of its City Co_un 1,as contained in
Res hut• n a7 adopted py the Ci �o�ncil on the� day of (40, �1 ,20�Ja,and that
:TejSCQ and ��I Q l/l C� • b()f> 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.
0C
Notary Public in and for/Sioty Ounty, Iowa
=�pPAL JILL L. RIPPERGER
COMMISSION#146549
MY COMMISSION EXPIRES
OWA
"' CADocuments and Settings\jbecker\Local SettingsUemporary Internet 1
OWA DEPARTMENT OF TRANSPORTATION 0
ACQUISITION PLAT look
�=
EXHIBIT "A"
COUNTY STORY STATE CONTROL NO.
PROJECT NO. STP—U-0155(637)--70-85 PARCEL NO. 11
SECTION 01 TOWNSHIP 83N RANGE 24W
ROW — FEE XX AC, EASE 10,610 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 BECKER—UNDERWOOD REAL ESTATE CO., L.C.
ON
OPy ONE 50pplvlc,`
Op�E�OPM� EXISTING 45.00' i
i
i
EAST y CORNER
��TSTA.
SECTION 01-83-24
CALCULATED POSITION 136+30.01, 14.00' RT.
iw
i�
^- WATT STREET NE CQR. LOT 1 i o
FND.'J4" REBAR I o
ip
iZ
EXISTING 90.00' w
4, ��5 RIGHT-OF-WAY
� v
9�- � i >
t 4
:o '�•OF10N �p�P POINT OF BEGINNING coo ! r
z Q p0% PrnE`'' + 'oo a
O� OF lk • o ICI
t O G��y S 89059`44"E o
- 40.00
J♦— I
EAST LINE OF SE 1/4
SECTION 01-83-24
Jw I. j N 00000'16" E
LL F -'
O W N
z cn PERMANENT
J w INGRESS/EGRESS! ; N
EASEMENT
o�w i, ' g `
Ja
oI o
oF—w of
Qn n ZI% i
i
i
i
i
N 87°03'44"W
40.05' i
P i
FND.%" REBAR l
i
i
I hereby certify that this land surveying
docunant was PrdvQr6d G N the rcIcted see.•eying
work was performed by no or under my direct
supervision and that I am a duly licensed Land
LAND
Surveyor under the laws of the State of Iowa.
SUS,`
�v� Flo �,��,���/l. �z•�����
v ?�
0 100 MICHAEL G. Michael G. Geier. L.S. Date
GEIER License Number 11804
11804 My License Renewal Date is December 31, 2001
SCALE IOW A �c Pages or sheets covered by this Seal:
REV. 12- 18-01 MJL
REV. 10-02-01 GAL
DATE DRAWN 3-06-01 KSV
dA1000668\cadd\1000668011.acq
12/19/2001
STORY COUNTY
PROD.NO. STP-U-0155(637)-70-85
PARCEL NO. 11
THE PERMANENT INGRESS/EGRESS EASEMENT GRANTED IS TO LAND DESCRIBED
AS FOLLOWS:
A part of Lot 1,Block 5 in Landfill Addition,being an official plat in the City of Ames, Story
County,Iowa, and described as follows:
Commencing at the Northeast Comer of said Lot 1, said point being on the existing westerly
right-of-way line of Dayton Avenue;Thence South 00°00'16"West along said existing westerly
right-of-way line, 153.41 feet to the Point of Beginning;Thence continuing South 00°00'16"
West along said existing westerly right-of-way line, 266.28 feet;Thence North 87°03'44"West,
40.05 feet;Thence North 00°00'16"East, 264.23 feet;Thence South 89°59'44"East,40.00 feet
to the Point of Beginning and containing 0.24 acres (10,610 S.F.).
Revised 12-18-01
1:\2000—Projects\100.0668\wp\PARCEL11PErev.DOC12/19/01 11:37 PM
p�e �
4kWA DEPARTMENT OF TRANSPORTA'i"ION
PROJECT DEVELOPMENT
PLOT PLAN
PARCEL NO.: II
OWNER: BECKER-UNDERWOOD REAL ESTATE CO., L.C.
SECTION: 01 T 83 N-R 24 W. LEGEND
SCALE:I"- 100, W.O.OR EASEMENT LINE:
CITY OF AMES ACCESS LOCATION:
PROPERTY LINE:
12/19/2001 di\1000668\cedd\1000660011.ppn
I
I
i
EI/4 CORNER N
--------------- WATT STREET i SEC. 01-83-24
--------------- ---
i
I
i
i
i
1
I
I
I
134+19 t i
133+99 t 77't Ex. IW
CK 5 \�\ON 77' tEx. R/ i
134+19 t j
�F\0- 137' i
LPN 133+99t j
PT.LOT 1 117' STA.133+72 i
i
i
TEMPORARY EASEMENT 1
TO CONSTRUCT ENTRANCE
I
i
1 i
I
i PROPOSED
i i
i
PERMANENT INGRESS/ 1 OAYTON AVENUE
EGRESS EASEMENT
i
I i
131+32 t
131+35 t 77'
137' i
i
i
i
i
131+34 t i
117'
1 EXISTING
DAYTON AVENUE
PT.LOT I
i
i
i
TOTAL OWNERSHIP i
(NOT TO SCALE)
t cr
3 j
i
i
3
w i a
I X
RI
I W
I
I
l
I
I
I
1
I
I
f
1
I
I
COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85
.t-7
' RIGHT OF WAY OFFICE
SUMMARY OF PROPOSED ACQUISITION
• A DESIGN SECTION ID No.
County STORY Project No. STP-U-0155(637)•-70-85 Parcel No. 11
Owner of Record BECKER—INVDERWOOD REAL ESTATE CO.,L.C.
Contract Purchaser
Leasehold
Mineral Rights/Mineral Leases
1. PERMANENT ACQUSITION AND PROPERTY AREAS:
ROW in Name of State acres/SF
Excess Land Area acres/SF
Wetland Mitigation Area acres/SF acres/SF
• Fee Title ROW in Name of City acres/SF
ROW in Name of County acres/SF
• Easement for acres/SF
• Easement in Name of County for acres/SF 10610 acres/SF
* Easement in Name of Ames INGRESS/EGRESS 10610 acres/SF
Area of remaining property
Left of ROW 341708 tax acres/SF 341T08 acres/SF
Right of ROW tax acres/SF
Total area of property before acquisition (sum of above) acres/SF
* Quit Claim Deed acres/SF
* Refer to plat for takings from more than one tract
2. FLOWAGE EASEMENT TO ELEV. acres
3. RIGHT TO POND WATER TO ELEV. acres
4. ACQUIRE UNDERLYING TITLE TO EXISTING ROW (CURRENTLY HELD BY EASEMENT)
State acres
5. TEMPORARY ACQUISITION:
Borrow by Easement acres
Haul Road by Easement acres
Detour by Easement 6474 acres/SF
Temporary Easement to CONSTRUCT ENTRANCE
6. ACCESS CONTROL: Classification adjacent to this property is ❑ Priority I ❑ Priority III ❑ Priority V
❑ Priority 11 ❑ Priority IV ❑ Priority A
Access rights to be acquired between Stations & Sta.
& Sta.
& Sta.
& Sta.
Access location points at stations
Entrances will be constructed at Stations STA.133+72,LT.,TYPE 'A'
Additional Length of Drive ft.
7. ROW FENCING:
The State wiii construct access contra)fencing through +o Priority i access control limits; sta. to
sta. to I sta. to sta. to
including side road access control limits; sta. to sta. to
sta. to sto. to , sta. to ,
The Acqusition Agent is responsible for determining the amount of right of way if any is to be replaced in all other locations.
COMMENTS: PERMANENT INGRESS/EGRESS EASEMENT IS FOR ACCESS TO ADJORNING PARCEL TO SOUTH
U.A.C.ENTRANCE
Prepared by:
Date: