HomeMy WebLinkAbout~Master - Frontage Road - Burke/Elm Real Estate, LC - South Duff Avenue • . • � per.No:� .....��1�0
STORY COUNTY,K WA
M FILED FOR RECORD S
MAY 6 15 PM,
FRONTAGE ROAD EASEMENT SAO L VAMDE
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THIS AGREEMENT is made this 9th day of May F«, 1S'
between William J. Burke (herein called "Burke") and Elm Real Estate, L.C. (herein called
"Elm Real Estate"), and the City of Ames,Iowa (herein called "City").
WITNESSES :
WHEREAS, Burke is the owner of certain real property in Story County, Iowa,
�j legally described as follows:
` Commencing at a point Five Hundred Sixty-nine and Four Tenths (569.4)
feet south of the center of Section Eleven (11), Township Eighty-three (83) ,
North, Range Twenty-Four (24) West of the 5th P.M., Story County, Iowa;
thence South 89°17'East Two Hundred Sixteen(216) feet;thence South to the
Center of Squaw Creek as it now exists; thence Northwesterly along the J
centerline of said creek to the West line of the southeast Quarter (SE 1/4) of Q
said Section Eleven(11);thence North along the West line of said Southeast
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Quarter (SEl/4) to the point of beginning;
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WHEREAS,Elm Real Estate is the owner of certain real property in Story County,
Iowa,being legally described as follows:
oBeginning Four Hundred Nineteen and Four Tenths (419.4) feet south of the
alft Northwest corner of the Southeast Quarter of Section Eleven (11), Township
H Eighty-three (83) North,Range Twenty-four(24),West of the 5th P.M.,Story )x
HCounty,Iowa;thence East Two Hundred Forty-eight(248) feet; thence South '�IJ
y One Hundred Fifty (150) feet; thence West Two Hundred Forty-eight (248) Q 4J
feet; thence !North One Hundred Fifty (150) feet to ti,e point of beginning;
oand
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WHEREAS, the properties described above adjoin and abut each other along a O
Ncertain common property line as reflected on Exhibit "A" attached hereto and by this
reference incorporated herein;and
x WHEREAS,the City desires that direct access onto the Burke property from South
HDuff Avenue (U.S. Highway 69) be removed to meet terms of the Iowa Department of
cTransportation grant of funds for the Duff Avenue widening project; and G
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WHEREAS, the existing easement right-of-way held by Burke across the west 72
feet of the Elm Real Estate property is not adequate to allow for truck traffic required by
the business conducted by Burke on their property.
NOW, THEREFORE, in consideration of the mutual covenants and easements
contained herein,it is agreed as follows:
1. EASEMENT. Elm Real Estate does hereby grant to the City of Ames and the
public,an easement for ingress and egress over and across the real estate above described
owned by Elm Real Estate, consisting of a paved driveway to be constructed by the City
of Ames at its sole expense on that portion of said real estate legally described as follows:
f f h West Seventy-seven 77 feet of a
The East Twenty-seven (27) feet o the e ty ( )
parcel of real estate described as follows: Beginning Four Hundred
Nineteen and Four Tenths (419.4) feet south of the Northwest corner of the
Southeast Quarter of Section Eleven(11), Township Eighty-three (83) North,
Range Twenty-four(24)west of the 5th P.M.,Story County,Iowa; thence east
Two Hundred Forty-eight(248) feet;thence South One Hundred Fifty (150)
feet; thence West Two Hundred Forty-Eight (248) feet; thence North One
Hundred Fifty (150) feet to the point of beginning;
as a public roadway for vehicular traffic in connection with the Burke and/or Elm Real
Estate properties. The parties hereto agree not to obstruct, impede or interfere with the
other in the reasonable use of the easement for the purpose of ingress and egress to and
from the respective properties.
2. MAINTENANCE. City agrees to construct and maintain a paved all-
weather roadway over the easement area in a useable and neat manner,and further agrees
that any cost of repair or rebuilding that roadway shall also be the sole responsibility of
the City. Elm Real Estate and Burke shall have no responsibilities, duties or liabilities in
connection with the construction, repair or maintenance of the roadway on the eased
premises, nor do they warrant the eased premises in any manner.
LAND. The easement hereby
3. EASEMENT RUNNING WITH THE AN yranted g
is perpetual and the agreements herein contained shall be covenants running with the land
and shall inure to the benefit of and be binding on the parties hereto and their respective
heirs,successors and assigns, including, without limitation, all subsequent owners of the
above-described properties and all persons claiming under them.
qS- 04130 2
4. Burke and Elm Real Estate, their heirs, successors and assigns, accept the
above stated covenant of the City to improve and maintain the said public frontage road
as full and complete accord and satisfaction of any claims, rights or entitlements either
may have,now or in the future,with respect to the closure and denial of direct access from
the Burke property to South Duff Avenue,and for any and all property rights granted to
City and the public by this instrument, and do hereby release the City from any and all
such claims.
IN WITNESS WHEREOF,the parties have signed this Agreement on the day and
year first written above.
WILLIAM J. BURKE ELM REA ST , L.C.
By: By:
iil/liam Ourke Steven F. Dummermuth, Presid nt
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''d: .=R:Cu is,"Mayor
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�aridra L Ryan,City Cl rk
STATE OF IOWA
COUNTY OF STORY
On this 5 �day of 1995,before me, a Notary Public in and for
Story County,personally appeared Willi J. Burke,to me known to be the person named
in and who executed the foregoing instrument, and acknowledged that h executed the
same as his voluntary act and deed.
NOD s.MMM Nota ublic in and for
o W 1IRES the State of Iowa
5
95- 04130 3
STATE OF IOWA
ss:
COUNTY OF STORY
On this ► 'l day of r , 1995,before me, the undersigned, a
Notary Public in and for the Sta e of Iowa,personally appeared Steven F. Dummermuth,
to me personally known who being by me duly sworn or affirmed did say that he is
President of said Elm Real Estate,L.C.,that(the seal affixed to this instrument is the seal
of Elm Real Estate,L.C.or no seal has been procured by the said Elm Real Estate,L.C.) and
that said instrument was signed and sealed on behalf of the said Elm Real Estate L.C.,by
authority of its managers and the said Steven F. Dummermuth,President acknowledged
the execution of said instrument t to be the volur tart' act and deed of said Ehn Real Estate,
L.C.,by it voluntarily executed.
Notary PubliV in and for
the State of Iowa
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W ff � A" '1 ��ano L)rn e r
IOWA
ss:
COUNTY OF STORY
On this LKday of RIQw., 1995, before me, a Notary Public in and for the
State of Iowa,personally appeareV 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`I S 90 dopted by the City Council on the `!: day of ft'"" ,, 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.
Notar t I'ul`fiz n. ft #or
, ta#eRQfioa
law\burke2.110 v y, c
rev.4/4/95
95- 041,30 4