HomeMy WebLinkAboutA001 - Street Easement Agreement A •
INST.NO2 079 09 /
RETURN TO. STORY COUNTY, IOWA J
FILED FOR RECORD
AMES CITY CLERK AW MAY 3 0 2002 PM
Box 811
AMES IOWA 50010 SUSAN L.VANDE KAMP,Recorder&-A"
REG.FEE�I.OD 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 a� 1 day of
, 2002-7,by and between Schwertley, Stoutner and Swartz, 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:
Parcel C being the North 400 feet of Lot 3, Matthew Subdivision, a Replat of Lot 1, Spencer's
Second Industrial Addition to the City of 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,TH
EREFORE,ORE, 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.
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.
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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,
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.
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.
9. Statement of Payment. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement sq. ft. $ --
b. Temporary easement 7488 sq. ft. $ 1,498.00
C. Improvements $ --
d. $ --
Administrative
a.
TOTAL $ 1,498.00
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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.
GRANT S
t
BY BY
STATE OF I DWA.- )
COUNTY CFF Sir SS:
On this_ /0 day of ,Itnu arm,20 0 .,before me,a Notary Public in and for said county,personally
appeared hill and u 1&r{-; ,to me personally known,who being by me
duly sworn,did say that they are the a.r+rw,r and af-ku*- ,respectively,of said
Schwertlev,Stoutner and Swartz,L.C. and that said instrument was signed on behalf of the said Schwertlev,
Stoutner and Swartz L.C.by authority of its managers and the said ISilt and
dN Stila.ffz> acknowledged the execution of said instrument to be the voluntary act and deed of
said Schwertlev,Stoutner and Swartz,L.C.by Vol rily executed.
t, AMY J.WA ER Notary Public Sate of
f Commission Number 197262
My Commission Expires
ow _
'e% u
-.I
GRANT Attest: '
4.
STATE OF IOWA,COUNTY OF STORY,SS: ,
On this a9l tday of M ,20 D 3 before me,a Notary Public in and for the State of Iowa, }
personally appeared .T -rEaE SC 0 and K . VC SS ,tome 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 autho 'ty of its City Council,as contained in
Resolut' n o. - q adopte by the Ci Co ncil on the day of ,2fJ�Z,and that
t e SC1� and —�10-t , .�p S S acknowledged the executibn of the instrument to be
their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
'VAL� JILL L. RIPPERGER
COMMISSION# 146549
MY COMMISSION EXPIRES Notary Public in and f r Story ounty,Iowa
iowA -D
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IOWA DEPARTMENT OF TRANSPORTATION
PROJECT DEVELOPMENT
PLOT PLAN
Fx{1i bi+ !3
PARCEL NO.:
OWNER: SCHWERTLEY STOUTNER AND SWARTZ L.C.
SECTION: 12 T 83 N-R 24 W.
100' W.O.OR EASEMENT LINE:
scALE:r'= ♦ �
CITY OF AMES ACCESS LOCATION%
PROPERTY LINE. �
10/10/2001 0,\10 0668'CAODI 100066800 Lpp
V. 09/ / 1 - MJL
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LOT s SPONGE PL P00`Z
`NOUc
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LOT 4
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NE CORNER
SEC. 12-83-24
EXIST. E.UNCOLN WAY
109+07 ± Ex.R/W
2 T'
-------.................------ �09* -- ± Ex.R/W -_..._. -------- --- - -- --
37'
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109+07 ± Ex.R/W
4 7'
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109+07 ± Ex.R/W /108+06
68' 2T± Ex.R/W
\5\°N PERMANENT EASEMENT PROPOSED r}
W SUB �0I 0' FOR ELECTRICITY DAYTON AVENUE
Ov MaSRE �aP, 'S 500\1`0� ANDNSMISSION OISTRIBUTION
P EXISTING
�NOUS PT.LOT 3 i DAYTON AVENUE
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106+60 ± '
52'
LOT 2
X.106+60 ± 3
T 6+98
47' I z
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TEMPORARY EASEMENT W
TO SHAPE
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105+07 3
4?,
X
i W
1
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105+07 ±
2 7'
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PT.LOT 3
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COUNTY: STORY PROJECT NO.: STP-U-0155(637)--70-85
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