Loading...
HomeMy WebLinkAboutA003 - Agreement - Frank Rankin , ,tom,No. 03563 STORY COUNTY IOWA FILED FOR RE60RD �1 AM APR Z 2 S�SiVANDI ,Heoadel ReoondUp Fee$ . Au&&s 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/-1/i ay of 1996, by and between FRANK RANKIN,and FIRST NATIONAL BANK OF AMES,Grantor,and THE CITY OF AMES,IOWA,Grantee; WITNESSES: WHEREAS,Grantor is the holder of fee title to certain real estate described as: Lots One(1), Two(2)and Three(3),Block"A",Black's Third 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 Perpetual Easement Granted. For and in consideration of the payment by Grantee to Grantor of the sum of three thousand dollars($3,000.00),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 20.00 feet in length south and west of the northeast corner of Lot 1,Block"A",Black's Third Addition to Ames,Story County,Iowa,containing 200 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. Tempos Easement for Construction Granted. For and in consideration of the payment by Grantee to Grantor of the sum of two thousand four hundred dollars ($2,400.00),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 r�' Y h' relinquishes any claim for damages to the property fast 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 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. Tg=2Ea1y Easement Termination. The temporary easement for construction granted under this agreement shall terminate,cease and become null and void on December 31, 1996. 8. Warranty of Title. Grantor does hereby covenant and warrant to Grantee that Grantor hold 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 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. I I. It is understood and agreed that for and in consideration of the payment by Grantee to Grantor of the sum of five hundred dollars($500.00)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". 12. It is understood and agreed that payment by Grantee to Grantor of the sum of five thousand eight hundred dollars ($5,800.00) receipt of which is hereby acknowledged, is hereby accepted by Grantor as full compensation and in complete satisfaction for Grantor's relocation of the"Mayfair"business sign and associated electrical work,necessitated by the construction of the said roadway improvements. 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 Frank Rankin arty . Curtis,Mapr a Attest: s BY Edward C:Jacobson Sandra L.Ryan,City Cler Seni©'rVice President r first National Bank of Ames w vw y, 2 q&- 03563 ��� r STATE OF IOWA,COUNTY OF STORY, SS: p On this/—day of GtJ�,/'�2 , 1996,before me,a Notary Public in and for Story County, personally appeared Frank Rankin, to me known to be the person named in and who executed the foregoing instrument,and acknowledged that he executed the same as his voluntary act and deed. o, `4 DIANE WILHELM JOHNSON MY COMMISSION EXPIRES 7-lit- 917 Notary Public in and for Story Co ty,Iowa OWp STATE OF IOWA,COUNTY OF STORY,SS: On this 2fday of API; , 1996,before me,a Notary Public in qno for Story County, Iowa, personally appeared Edward C. Jacobson, to me personally known, who bei g by,r may: sworn, did say that he is Senior Vice President of said First National Bank of Ames,that the seal affixed oa said instrument is the seal of said corporation, or --lion and that said instrument was signed and sealed on behalf of said corporation by authority of its board €%rector �hd,.' the said Edward C. Jacobson acknowledged the execution of said instrument to be the voluntary.,d6 and need of said corporation by it voluntarily executed. Notary Public in and for Story County,Iowa CINDY WIRTH STATE OF IOWA,COUNTY OF STORY, SS: On this�_day of 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 signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. fin' (-P adopted by the City Council on the qK day of , 19!j�,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 tory C un ,>Iowa s law\rankin.129 JILL L. RIPPERGER } " rev.3/14/96 r 3 q�- 03563 (3) ACQUISITION PLAT BM EXHIBIT "A" s&IPLmmrs COUNTY STORY STATE CONTROL NO. N/A PROJECT NO. JBM #13192342 COUNTY PARCEL NO. PROJECT PARCEL NO. 2 SECTION 11 TOWNSHIP 83 N RANGE 24 W OF THE 5TH.P.M.. ROW - FEE S.F. PERMANENT EASEMENT 200 S.F. EXCESS - FEE S.F. ACQUIRED FROM TRACT "A" PERMANENT RIGHT-OF-WAY EASEMENT EXISTING L I N C 0 L N WAY CENTERLINE 0 60.00' � 0 __20.00101 Ln —A E_XISTIN_G _ — — �RIGHT OF WAY 1 •"I cv i 10222'00 i 15' TEMPORARY d 45.00' ! CONSTRUCTION EASEMENT 2 O O _ 15' TEMPORARY 0 CO STRUCTION EASEMENT 33 00' Rankin Frank ico 508 Lincoln way � a Ames, lowa 50010 10221t00 � co w z W BLOCK A Ld z BLACKS 'I 3RD w "Cf) Q ADDITION w z i i Q —1------•—•--•-------- L. 4 15.00' ALLEY cn i 30 0 30 60 SCALE IN FEET TRACT "A" LEGAL DESCRIPTION: A TRIANGULAR TRACT WITH SIDES 20.00 FEET IN LENGTH SOUTH AND WEST OF THE NORTHEAST CORNER OF LOT 1, DATE DRAWN 1-16-96 BLOCK "A", BLACKS 3RD ADDITION TO AMES,STORY COUNTY,IOWA,CONTAINING 20D SQUARE FEET MORE OR LESS. DRAWN BY: D.E.R. 03563 (4)'