HomeMy WebLinkAboutA004 - Agreement with James P and Wanda C Miller & Charles W. and Doris J. Nelton ✓' Wn NO. C)(a - 03562
�' STORY COUNTY, IOWA
F FILED FOR RECORD
IM APR 2 21994 V9
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At dWs 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.�,V day of yA44---� , 1996,
by and between JAMES P.MILLER and WANDA C.MILLER as Trustees of the James P.Miller Family
Revocable Living Trust dated April 19, 1989,title holder,CHARLES W.NELTON and DORIS J.NELTON,
husband and wife, contract purchasers, and COMMUNITY STATE BANK, mortgagee, all collectively
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:
Lot One (1),Block Forty-Eight(48),Fourth Addition to Ames, Iowa,(also
known as Blair's Fourth Addition to Ames,Iowa),except that part deeded to
the City of Ames, Iowa, as shown in Deed of Dedication recorded in
Miscellaneous Book 113 P 76 in the Office of the County Recorder in and
g tY
for 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 Peroetual Easement Granted. For and in consideration of the payment by Grantee
to Grantor of the sum of two thousand eight hundred fifty dollars ($2,850.00 ), 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 located in the southeast corner of Lot 1,Block 48,Fourth Addition to Ames
(also known as Blair's Fourth Addition to Ames) Story County,Iowa,whose east side is 25.00
feet in length and 4.00 feet west of and parallel with the east side of said Lot 1,and whose south
side is 26.50 feet in length and adjacent to the south line of said Lot 1,(except for that part of
the triangle previously acquired for right-of-way as recorded in Miscellaneous Book 113,Page
76)containing 190 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. TeI=omiZv Easement for Construction Granted. For and in consideration of the payment by
Grantee to Grantor of the sum of two hundred seventy dollars ($270.00), 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.
1
• r
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 Dams= 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.
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. Righl 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. Tempormry 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 that part of the landscaping in the southeast portion of the KFC parking
lot will be removed and replaced by the City's contractor at the City's expense, to keep all the landscaping
improvements within the private property. This will include removal of one railroad tie to be replaced with an
8"x 8"treated landscape timber placed behind the right of way line next to the proposed sidewalk. It will also
include removal of one juniper bush,which shall be replaced with another juniper bush,or an approved equal as
determined by the Grantee and Grantor during construction.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as
of the date first above written.
2 q6- 03562 ���
h
G NTO (MI TR GRANTE
B „ *
ames P.Miller,Trustee Larry . Curtis,M�ayQ =
Attest: ` w
BYC[
t
Wanda C.Miller,Trustee a -41
Sandra L.Ryan,City Clerk
GRANTOR(CONTRACT PURCHASERS)
BY
Charles W.Nelton
BY wJ Z
Doris J.N lton�
G NTOR(MORT EE)
BY
Mike Goedekei!
Vice President of Community State Bank
STATE OF NEVADA, COUNTY OF CLARK t, S
On this�day of�1XZ G'ICJ , 1996,before me,a Notary Public in and for Clark
County,personally appeared James P.Miller and Wanda C.Miller,to me known to be the persons named in and
who executed the foregoing instrument, and acknowledged that James P. Miller and Wanda C. Miller, as the
fi�iuciazjeS,,,� ��uted,the instrument as,their`voluntary act and deed,personally and as fiduciaries.
,
R. JUANITA REID _ "D
Notary Puo, .e �,t-r, zw
of Nevada
nty Notary Public in and for Clark County,Nevada
Appoinnenl Rerd tI in Clark Cou
MY APPOINTMENT EXPIRES AUG.11 1998
STATE O)~'Y(5' 7�; CnC7I�1"i�OfiI{T S:
On this I G - day of Mat Cal , 1996,before me,a Notary Public in and for Story
County,personally appeared Charles W.Nelton and Doris J.Nelton,husband and wife,to me known to be the
persons named in and who executed the foregoing instrument,and acknowledged that the said Charles W.Nelton
and Doris J.Nelton executed the instrument as their voluntary act
�and deed. /f
Not owa
m1t , DEANNA L. CLAYTON
MY COMMISSION EXPIRES
JANUARY 30, 1998
3 q( - 035162 (3)
STATE OF IOWA,COUNTY OFS'T�, SS:
On this ' I day of tN�_ =k- + , 1996,before me,a Notary Public in and forte
CCpunty;,persgnallyappeared Mike Goedeke,to me personally known,who being by me duly sworn did say that
} 'r ='Pyesident of Community State Bank,and that the foregoing instrument was signed on behalf of
tie said Coi�idiuty State Bank by authority of its board of directors and the said Mike Goedeke acknowledged
4he3pn o>�'sid instrument to be the voluntary act and deed of said corporation by it voluntarily executed.
C V
L S
�« N Public in and for-Story County,Iowa
STATE OF IOWA COUNTY OF STORY, SS:
On this q� day of &Q6 I , 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. 9 6-11(A adopted by the City Council on the�day of�t k , 19 and
that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instrument to be their yoll i tary
act and deed and the voluntary act and deed of the corporation,by it voluntarily executed.
Notary Public in and for gt6ry County,Iva
law\KFC.129 JILL L. RIPPERGER
4 q(� — 03562 ���
ACQUISITION PLAT BM
EXHIBIT "A" ilEngirmrs&Planners
,COUNTY STORY STATE CONTROL NO. N/A
PROJECT NO. JBM #13192342 COUNTY PARCEL NO. PROJECT PARCEL NO. 1
SECTION 2 . TOWNSHIP 83 N —.RANGE 24 W OF THE 5TH.P.M..
ROW - FEE S.F. PERMANENT EASEMENT 190 S.F. EXCESS FEE S.F.
ACQUIRED FROM
30 0 30 60
SCALE IN FEET
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1314.. OCK 48 ix
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BL ANRS 4TH
ADDITION 10224+00
35.00
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Miller, Jomes P. & Wanda ►i
Nelton, Charles W. & Doris J. o ! !5.00'
509 Lincoln Way o 0
Ames,Iowa 500/0 s !0 0
i IN
R 25.50'
i 5' TEMPORARY ; 10223}00 I-
i CONSTRUCTION :EASEMENT l0 0
i In Ln
i iN N
_-
EXISTING RIGHT OF WAY 0 1.09, 4.00'
0 0 26.50'
0ui
L I N C O L N WAY � 28.25' 30.50'
58.75'
EXISTING
CENTERLINE TRACT "A" PE MANENT
RIGHT-OF-WAY EASEMENT
AREA PREVIOUSLY ACQUIRED BY CITY OF AMES
AS SHOWN IN DEED OF DEDICATION RECORDED
IN MISCELLANEOUS BOOK 113, PAGE 76.
TRACT "A" LEGAL DESCRIPTION:
A TRIANGULAR TRACT LOCATED IN THE SOUTHEAST CORNER OF LOT 1, BLOCK 48, FOURTH ADDITION TO AMES
(ALSO KNOWN AS BLAIR'S FOURTH ADDITION TO AMES)STORY COUNTY, IOWA, WHOSE EAST SIDE IS 25.00 FEET U3562 (5�
IN LENGTH AND 4.00 FEET WEST OF AND PARALLEL WITH THE EAST SIDE OF SAD LOT 1, AND WHOSE SOUTH SIDE q6-
IS 26.50 FEET IN LENGTH AND ADJACENT TO THE SOUTH LINE OF SAD LOT 1,(EXCEPT FOR THAT PART OF THE
TRIANGLE PREVIOUSLY ACQUIRED FOR RIGHT-OF-WAY AS RECORDED IN MISCELLANEOUS BOOK 113, PAGE 76) DATE DRAWN : 2-16-96
CONTAINING 190 SQUARE FEET MORE OR LESS. DRAWN BY: D.E.R.