The URL can be used to link to this page

Home My WebLink About~Master - Water Transmission and Distribution - Amerigas Eagle Propane 02 - 18266 INST.N RETURN TO: STORY COUNTY,IOWA ~ (ems,.,) 40 FILED FOR RECORD M AMES CITY CLERK BOA 811 \O'AM NOV 1 5 2001 PM Q AMES IOWA 50010 SUSAN L VANDE KAMP,RnoorderS%A,---- iU FU 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) WATER TRANSMISSION AND DISTRIBUTION EASEMENT AGREEMENT -\ THIS AGREEMENT,made and entered into effective as of the 0- day of 20G� by and between AMERIGAS EAGLE PROPANE,L.P. (fka National Propane,L.P. and Columbia Propane,L.P.), Grantors, and THE CITY OF AMES,IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot 1 (One), Block 1 (One), 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 constructing, repairing, enlarging and maintaining a water main; �f 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 water transmission and distribution and maintenance purposes over, across and under: The North 15.00 feet of Lot 1, Block 1 in Landfill Addition,being an official plat in the City of Ames, Story County, Iowa, and containing 0.11 acres (4,958 S.F.) all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 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. 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. J:\2000_projects\100.0668\ROW\Supplemental AcquisitionWmeriGas\WATER MAIN DIST AGREEMENT.doc 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. Warranty of Title. Grantors states to the best of its knowledge 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. 7. 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. 8. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement 4,958 sq. ft. $ 5,950.00(R) b. Administrative Adding title documents to Grantors abstract $ 50.00 TOTAL $ 6,000.00 (R) Page .2 J:\2000_projects\]00.0668\ROWNSupplerrnmtal Acquisition\AmeriGas\WATER MAIN DiST AGREEMENT.doc 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 Propane,L.P. and Columbia Propane L. P.) By: AmeriGas Eagle Holdings,Inc.,its general partner BY BY Name: R. Pau Gra y Title: Senior Vice President - Operations STATE OF A4445)t-"-l:q ) SS COUNTY OF LMon ih aVJqZ On this a 7 h day of S l,Pfrj b4-1 ,20o_4 before me,the undersigned,a Notary Public in and for the State of a�cnn��l✓zy ,personally appeared R Q✓( &z d �--- ,to m personally known,who;being by me duly sworn,did say that h+ 15 d y-ase-the e4 o,, U:�.e Pfu;�c.�f- it✓ iQt,.o—mod ---'. 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 A pg,,/ C _'y 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. y Notadel Seal Steven Uft,Notary Public Upper Merion Twp.,mwWff%ery Co�ty� •�' r My Carm>ission res Mar.6 4, '`�" •. c� `Eli ,2006 GRANT E Men ber,PsmwAeda Associedon orNowdas Attest: STATE OF IOWA,COUNTY OF STORY,SS: i� On this I day pf �l�' ,20(' ,before me,a Notary Public in and for the State of Iowa, personally appearedT(-C1 l E-ct E C-C and _b "Ct' uc ��'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�i_tty of its City Council, contained in Resolution No �';� °�`(,3 adopted by the City Councr on the (A day of t�.t�`°'�'Y� .>e " ,20_,and that Tr C� + r_r. r c_c: and i R_i,A-C <^= 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. o mr JILL L. RIPPERGER No Public in and or Sto County,Iowa COMMISSION#146549Y * MY COMMISSIONQ�IRES �owA 3-/7-0�3 J:\2000_projects\100.0668\ROW\Supplemental Acquisition\AmeriGas\WATER MAIN DIST AGREEMENT.doc Pot e 3 IOWA DEPARTMENT OF TRANSPORTATIONOV ACQUISITION PLAT EXHIBIT "A" COUNTY STORY STATE CONTROL NO. PROJECT NO. STP-U-0155(637)--70-85 PARCEL NO. 6 SECTION 01 TOWNSHIP 83N RANGE 24W ROW - FEE XX AC, EASE 4,958 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 AMERIGAS EAGLE PROPANE, L.P. _ - ACQUIRED IN THE NAME OF THE CITY OF AMES i i i EXISTING 90' RIGHT-OF-WAY i Ppp NE COR. LOT 1 tL FND. 1" GAS PIPE iw i� o � + io U�Ln o 00 i S89°50'41"E 330.00' o Iz CD ' w N89°50'41"W 331.13' o o o 15.00' PERMANENT WATER (o iz N o z 1 6 o TRANSMISSION & aD i > Q PNpF�� z DISTRIBUTION EASEMENT 01 z P > o U PC10�(ti0 �, o a z gLOC� , vP�O 5 ti��P ~ .Z F cn Q �y ° M �l w ooU > U_Ia- o ----------- ---------------- SE-- i OT I FND. R•GAPIPE SP��`�� EXIST i NG 70' \PPpp 1 PP �l RIGHT-OF-WAY i i 2 i Ppp i i i i EAST LINE OF SE 1/4 N SECTION 01-83-24 EDISON STREET N 00000'16" E i i I hereby cert if y i-hu p i s i w d survey i ng document was prepared and the related surveying work was performed by me or under my direct supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. LAND Michael A. Michael A. Brooner. L.S. Date 0 100 Brooner License Number 15980 15980 My License Renewal Date is December 31, 2002 SCALE 'F IOWA * Pages or sheets covered by this seal: DATE DRAWN 8- 15--02 SGT 0:\1000668\cadd\1000668006v.dgn 08/15/02 Pie Y STORY COUNTY PROJ.NO. STP-U-0155(637)--70-85 PARCEL NO. 6 ACQUIRED IN THE NAME OF THE CITY OF AMES THE PERMANENT WATER TRANSMISSION AND DISTRIBUTION EASEMENT GRANTED IS TO LAND DESCRIBED AS FOLLOWS: The North 15.00 feet of Lot 1,Block 1 in Landfill Addition,being an official plat in the City of Ames, Story County,Iowa,and containing 0.11 acres(4,958 S.F.). \\HP\USERDATA\2000_projects\100.0668\wp\PARCEL6WAT.DOC 08/15/02 10:15 AM Pote 5