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Home My WebLink AboutA002 - Agreement - Lester J and Norma L. Campbell 4 y �slA Nam'.No. _ c)10 - 03564 STORY COUNTY IOWA FLED FOR RE66RD APR 2 21"6 SAM MLAW;D�E alk eo0 do ft=ft DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared : 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 //1-h day of MAY,(-h , 1996,by and between LESTER J.CAMPBELL and NORMA L.CAMPBELL,and FIRST NATIONAL BANK OF AMES,together hereinafter called Grantor,and THE CITY OF AMES,IOWA,Grantee; WITNESSES: WHEREAS,Grantor is the holder of fee title to certain real estate described as: The south one hundred twenty-five(125) feet of Lot five(5), Block Forty- Nine(49)in the Fourth Addition to Ames,Iowa, Story County,Iowa, WHEREAS,Grantee deems it necessary to have a permanent and perpetual 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. Permanent Pemetual Easement Granted. For and in consideration of the payment by Grantee to Grantor of the sum of One Thousand Eighty dollars($1,080.00),receipt of which is hereby acknowledged, Grantor does hereby grant to Grantee a permanent perpetual easement for a public street and street purposes over, across and under A triangular tract with sides 12.00 feet in length north and east of the southwest corner of Lot 5,Block 49,Fourth Addition to Ames,Story County, Iowa,containing 72 square feet more or less, all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 2. Tc=orary Easement for Construction Granted. For and in consideration of the payment by Grantee to Grantor of the sum of seven hundred forty dollars($740.00),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. It is also understood and agreed that the Grantor hereby releases 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 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 6B.52 Code of Iowa, 1995. 1 • R 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. 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. 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. 7. Tem�rary Easement Termination. The temporary easement for construction granted under this agreement shall terminate,cease and become null and void on completion of the said roadway project. 8. 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,free and clear of mortgages,liens or other encumbrances and that Grantor has good and lawful authority to convey the easement rights herein granted,and that Grantor covenants 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. 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 I 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. 11. It is further understood and agreed that for and in consideration of the payment by Grantee to Grantor of the sum of one hundred eighty dollars($180.00),receipt of-which is hereby acknowledged,Grantor does hereby grant to Grantee the concrete pavement within the permanent easement area as shown on Exhibit «A„ IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTOR GRANTEE r` BY ? BY , V; Lester J. C pbell Larry R. rtis,Mayor Attest: "L✓ i M1 1 BY s• '�' tnii'a L. Campb l Sandra L.Ryan,City Clerk GRANTOR(MORTGAGEE)91 "a� ,- L l -Edward C.Jacobson 9e' i ,Vice President First Nxtioh� ank of Ames 2 %- 03564 �� STATE OF IOWA, COUNTY OF STORY,SS: On this IL dayofatia- , 1996,before me,a Notary Public in and for Story County,personally appeared Lester J. Campbell and Norma L. Campbell,husband and wife,to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that the said Lester J. Campbell and Norma L.Campbell,executed the same as their vol act and deed. Gale Ann Osborne MY Commission Ea Tres, A y�� Notary Public in and for Story County,Iowa STATE OF IOWA,COUNTY OF STORY,SS: On this 2�P day of � i , 1996,before me,a Notary Public in and for.Story. County,Iowa,personally appeared Edward C.Jacobson,to me personally known,who being by me duly sworn, did say that he is Senior Vice President of said First National Bank of Ames,that the seal affixed to sal0uis�ru-1 ment is the seal of said corporation, the cai d ro4wnwrwl and that skid 1nsirument was signed and sealed on behalf of said corporation by authority of its board of directors and the sai vuard . , C.Jacobson acknowledged the execution of said instrument to be the voluntary act and deed of sad corpo'raticiy by it voluntarily executed. 40 Notary Public in and for { Story County,Iowa CINDY WIRTH STATE OF IOWA,COUNTY OF STORY,SS: On this _q-h-_day of & c k , 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 si ed and sealed on behalf of the corporation,by authority of its City Council,as contained in Resolution No. 6`I`7(o adopted by the City Council on the day of AQ(` , 1931,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 9tolly County,�ia*� law\campbell.129 % 3 47 7 �s JILL L. RIPPERGER 3 q( - 03564 �� ` ACQUISITION PLAT EXHIBIT "A" JIBMi COUNTY STORY STATE CONTROL NO. N/A PROJECT NO. JBM #13192342 COUNTY PARCEL NO. PROJECT PARCEL NO. 4 SECTION 2 TOWNSHIP 83 N RANGE 24 W OF THE 5TH.P.M.. ROW - FEE S.F. PERM.EASE 72 S.F. EXCESS - FEE S.F. ACQUIRED FROM 20 0 20 40 SCALE IN IEEET I i I w 1022 4+00 BLOCK 49 tFOURTH- ADDITION WF35.00' ;r TO AMES .Q Q Z; Wm 5CrWim X ;0 Q W ;F i IJL U I I I ! Campbell, Lester J. & Norma L. 419 Lincoln Way i Ames,l owa 50010 i i i i 5' TEMPORARY i CONSTRUCTION EASEMENT I io 23t00; 4J EXISTING T_I_N_G w �.._.._.._.._.._........ _.._. _.._.._..�.. z 12.001 RIGHT OF WAY w o z i9.14' o cn z CV O Xw W U I) TRACT "A" PERMANENT RIGHT-OF-WAY EASEMENT EXISTING CENNTERLINE LINCOLN WAY TRACT "A" LEGAL DESCRIPTION: A TRIANGULAR TRACT WITH SIDES 12.00 FEET IN LENGTH NORTH AND EAST OF THE SOUTHWEST CORNER OF LOT 51 DATE DRAWN 1-16-96 D.E.R. BLOCK 49, FOURTH ADDITION TO AMES,STORY COUNTY,IOWA,CONTAINING 72 SQUARE FEET MORE OR LESS. O tli BY: