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Home My WebLink AboutA001 - Temporary Construction Easement Agreement Nsr _ O 3565 STORY COUNTY,IOW qqq FILED FOR RECORD APR 2 21996 susM L v� � ems_ �• o� AudWs I%_ 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) TEMPORARY CONSTRUCTION EASEMENT AGREEMENT THIS AGREEMENT,made and entered into effective as of the l`1 day of MWL& , 1996, by and between Midwest Centers,a California Limited Partnership,having an office c/o the MaceRi Company, hereinafter called Grantor,and THE CITY OF AMES,IOWA,Grantee; WITNESSES: WHEREAS,Grantor is the holder of fee title to certain real estate described in the Special Warranty Deed filed as Instrument No. 04673 and recorded at Book 165,Page 430 in the office of the Recorder, Story County,Iowa;and, WHEREAS,Grantee deems it necessary to have a temporary easement with respect to a portion of said real estate for purposes of a public street; NOW,THEREFORE,the aforesaid Grantor and Grantee have agreed and do agree as follows: 1. Temporary Easement for Construction Granted. For and in consideration of the payment by Grantee to Grantor of the sum of Fifty dollars(S50.00),receipt of which is hereby acknowledged,Grantor does hereby grant to Grantee, over,across and under the area shown by crosshatching on the attached Exhibit A,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 the Lincoln Way and Clark/S. Walnut Avenue Roadway Improvements. These improvements include,but are not limited to: regrading,paving driveways and parking lots,sidewalk construction,sodding 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. It is understood and agreed that the consideration for this easement includes full compensation for damages,if any,to the temporary easement area, or the surface in that easement Area shall be returned to the same or better condition as existed before the said roadway improvements. If the Grantees'contractor damages any driveway or parking lot of the Grantor adjacent to this temporary easement area,then the Grantee shall return that damaged area to the same or better condition as existed before the said roadway improvements. 2. Renegotiation of Damages. It is acknowledged that the Grantor,as owner,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, 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. Grantor 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. 1 f r v 5. Risht 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. 6. TmpgraI3�Easement Termination. The temporary casement for construction granted under this agreement shall begin on June 1, 1996,and shall terminate,cease and become null and void on September 30, 1996. 7. Warranty of Title. Grantor does hereby covenant and warrant to Grantee that Grantor holds the real estate first above described by title in fee simple,and that Grantor has good and lawful authority to convey the easement rights herein granted. 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. Monitoring Wells. It is understood and agreed that should any monitoring wells owned by Grantor on the above described land be eliminated or disturbed,the Grantee shall plug and abandon said wells. In addition to the lump sum payment shown in paragraph 1 of this agreement, Grantee agrees to reimburse Grantor the actual and reasonable costs of replacing said wells,if replacement is required,to comply with the terms of any law,rule or administrative order. The replacement of said wells shall be accomplished under the direction of the Iowa Department of Natural Resources. Reimbursement will be made upon Grantor providing Grantee with itemized bills and receipts for the replacement of the wells. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTOR GRANTEE BY BY .� im Du Larry R Curtts,Mayor-J resentativ for Midwest Centers Attest: - P a� G Sandra L.Ryan,City erk. STATE OF CALIFORNIA,COUNTY OF LOS ANGELES, SS: r . On this 9 ^day of , 1996,before me,a Notary Public in and for Los Angeles County, California,personally appeared ,to me personally known,who being by me duly sworn,did say that the person is fliateptEsentative for � t Centers,and that the instrument was signed on behalf of the partnership by authority of the partners and the representative acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partners voluntarily executed. LINDA K.JONES COMM.i 986455 *,My NotaryPublic—Cogf ma Notary Public in and rLOS ANGELES COUNN Comm.Enka MAR 7.1"? Los Angeles County,C i ornia 2 %- 03565 �� f STATE OF IOWA,BOUNTY OF STORY,SS: On this 9`h'`- day of�_, 1996,before me,a Notary Public in and for the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan, 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 authority of its City Council, as contained in Resolution No. (�adopted by the City Council on the day of r�l , 19 ,and that Larry R. Curtis and Sandra L. Ryan 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 Sto 06uhty,Iowa JILL L. RIPPER t, c� yz , a law\Target.213 4.' rev.3/13/96 3 qUO- 03565 �3� T' ACQUISITION PLAT BM • EXHIBIT "A" ilEngineem&)Planners COUNTY STORY STATE CONTROL NO. N/A PROJECT NO. JBM #13192342 COUNTY PARCEL NO. PROJECT PARCEL NO. 5 SECTION 11 TOWNSHIP 83 N -.RANGE 24 W OF THE 5TH.P.M.. ROW - FEE S.F. PERM.EASE S.F. EXCESS - FEE S.F. ACQUIRED FROM 20 0 20 40 SCALE IN FEET 10221+00 ' BLOCK A B L AC KS 3RD ADDITION I 33.00' I w ------------------ TRACT "A" - 50' X 60' SQUARE Target Z uj TEMPORARY CONSTRUCTION EASEMENT ~ z N z Ld Ames,l owa 500/0 w C) -------------------------- I0220+00 0 g LLJ L � z � w Q 60.00' 0 ----------------------------------------------------------------------- Q J I • TRACT "A" LEGAL DESCRIPTION: THE NORTH 50.00 FEET OF THE EAST 60.00 FEET OF LOT 8,BLOCK A,BLACKS 3RD G7�- DATE DRAWN 2-02-96 DITION TO AMES STORY COUNTY IOWA. CONTAINING 3000 SQUARE FEET MORE OR LESS. �I' DRAWN BY: D.E.R. > 03565 � A N