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Home My WebLink About~Master - Street Easement Agreement for Dayton Avenue Improvement Project 02 - 04883 INST.NO, TWA�' CITY ETUOFTAAMES N FillC+QRD 'y V � Box 811 IMAR 2 9 2002 PM AMES A 50010-0811 )1W SUSAN L.VANDE KAMP,Recorder ( ' REC.FEE$AUL AUD.FEE$ 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 the day of MaTJ1 , 200-q, by and between AMX Corporation, Grantors, and THE CITY OF AMES,IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: A part of Lot 1, Block 5, Landfill Addition to Ames, Iowa, described as: Beginning at the Southeasterly corner of said Lot 1; thence North a distance of 147.7 feet along the East Line of said Lot 1; thence N 87' 04' W a distance of 866.3 feet; thence S 00 43' E a distance of 303.9 feet to the Northerly right-of-way line of the C&NWRR; thence N 820 36' E a distance of 868.6 feet to the point of beginning, subject to applicable zoning regulations and easements for public utilities; established roads and highways, and a building setback line of 50 feet from Dayton Avenue 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: I. 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. 1:\2000_projects\100.0668\ROW\Parcels\10 AMx\STREET EASE.doc G 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. 3. Structures Prohibited. Grange-shall not construct, erect or place any structure , over or within the areas over which an easement exists by virtue of this agreement without J obtaining prior written consent of the Grant,- 4. Change of Grade Prohibited. Grantees 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 Granter �J 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. 1:\2000_projects\100.OW\ROW\Parcels\10 AMX\STREET EASE.doc Pqe a 9. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement sq. ft. $ b. Temporary easement 9,981 sq. ft. $ 7,300.00 C. Improvements $ __ d. $ Administrative a. Landscaping $ 500.00 b. Additional compensation $ 2,700.00 TOTAL $ 10,500.00 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 !(- t—'iU v S ) COUNTY OF Cy y(<, )SS On this day of 17AIec1;f ,203�2 before me, the undersigned,a Notary Public in an4 for the State of T-( S —,personally appeared &2 t,_ PC- i T and to me personally known,who,being by me duly sworn, did say that they are the Wa3ad ' 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 G,f►Z is Pr c G c 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 voluntarily executed. 6"�� M Notary Public ;OFFICIAL SEALAMILLE SATESNOPLOX,STATE OF kuN018J:\2000_projects\I00.0668\ROW\Parcels\10 AMX\STREET EASE.doc MyIN EXPIRES;og"/ 6 Page 3 GROTEE STATE OF`IOWA,COUNTY OF STORY, SS: Cl On this_d�of `� ,2003%before �Q6a P 1;c,�and for the State of Iowa, personally appeared eScD and C V ,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 authobity of its City Council,as contained in Rmon o. 62 / �1 adopte by the Ci Co}�cil on thet day of ,20Cb2,and that e` and cJ ow'T . Vass 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 f6ifStorlOCounty, Iowa �u►c JILL L. RIPPERGER COMMISSION#146549 MY COMMISSION EXPIRES IOWA. _ _n J:\2000_projects\100.0668\ROW\Parcels\10 AMXWREET EASE.doc page 4 Y IOWA DEPARTMENT OF TRANSPORTAT10� PROJECT DEVELOPMENT • PLOT PLAN PARCEL NO.: 10 OWNER: A.M.X. CORP. SECT ION: 01 T 83 N-R 24 W. LEGEND SCALE:I'= 100' R.O.OR EASEMENT UNE, CITY OF AMES ACCESS LOCATIOW PROPERTY LNE, 121IV2001 0.\1000666\c�\100066601U.p REV. 12118101 - MJ I N I 0 L SON PN06` a0 `� PT.LOT I ! I I STA.I i. 3 1 131-36 t 1 131.32 t 142' 77' TEMPORARY EASEMENT TO CONSTRUCT ENTRANCE Pi.l07 I 129.76 t EX.R.R.R/W 142' 1 I 1 i 129•85 t Ex.R.R.R/W 7 T' X 3 I X i w i OF TRACXS 1 LOT 2 LOT I P SS FtvES10N SugO LOT 3 PROPOSED DAYTON AVENUE TOTAL OWNERSHIP (NOT TO SCALE) i f 1 1 i I �EXISTING �{ DAYTON AVENUE 1 COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85 p9e 5