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HomeMy WebLinkAbout~Master - Street - Thompson - Duff Avenue Widening lr�sr.NO. 9 7 f 03650 STORY COUNTY,IOWA - ` �0 FILED FOR RECORD AM APR 1 7 19//97 4 PAcwftFees ` �No�e Fee s 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 e day of 07 4A. e r , 1996, by and between Gary L. and Janet L. Thompson Grantors, and THE CITY OF AMES, IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: PART OF LOT 9 AND PART OF LOT 12,BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA in Ames, Story County, Iowa; and, WHEREAS, Grantee desires an easement with respect to a portion of said real estate for purposes of a public street; NOW,THEREFORE,for and in consideration of the payment by Grantee to Grantors herein stated, the aforesaid Grantors and Grantee have agreed and do agree, as follows: 1. Permanent Perpetual Easement Granted. Grantors do hereby grant to Grantee a permanent perpetual easement for a public street, utilities and street construction and maintenance purposes over, across and under: NONE shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 2. Temporary Easement for Construction Granted. Grantors do hereby grant to Grantee, over, across and under the area shown 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 U.S. 69 - South Duff Widening Improvement Project. These improvements include,but are not limited to: regrading, paving driveways and parking lots, sidewalk INAAAMESITHOWSON.EAS 1 `7 /— 03650 ( Z) 10. Monitoring; Wells. It is understood and agreed that should any monitoring wells owned by Grantors 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 Grantors 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 Grantors providing Grantee with itemized bills and receipts for the replacement of the wells. 11. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement -0- sq. ft. $ -0- b. Temporary easement 3.260 sq. ft. $ 100.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 TOTAL $ 150.00 Also in consideration of said payment by the Grantee, Grantors, their heirs, successors and assign hereby release the Grantee, City of Ames, from any damages that may be claimed for any permanent or temporary changes in street grade or changes in or loss of vehicular access from South Duff or Lincoln Way due to the U.S. 69 - South Duff Widening Improvement Project. IMMMEMTHOMPSOMEAS 3 9 -7- 03650 ` 3 / IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS G E / A 4 BYk irl,c' ✓ Larry R rtis, M Atte a BY '� -� �✓� Ryan,Sandra L. R , City � � ter r .•,, `a, w �"� k�; STATE OF IOWA, COUNTY OF STORY, SS: On this day of 1996, before me, a Not "Au IC'1ll and A� L. for Story County, personally appeared t o psag and HomAsajJ , to me known to be the person named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. )' E Notary Public in and for Storyount , ow , �;+ w ; JILL L. RIPPERGER K ' x IMMAMEMMEAS 4 9 U�sso C y1 1 STATE OF IOWA, COUNTY OF STORY, SS: `7 On this day of 199�, 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 behalfof the corporation, by ` authority of its City Council, as contained in Resolution No. -1-1.5 adopted by the City Council on the day of . 19`f3, 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 St©r ount� JILL L. RIPP GER r V IMPAMOSMEAS 5 0,3650 (5 ) > a a EXHIBIT "A " EASEMENT PLAT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 2A: THE WEST 20 FEET OF LOTS 9 AND 12. AND THE EAST 62 FEET OF THE WEST 82 FEET OF THE SOUTH 10 FEET OF LOT 12, ALL BEING IN BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES. STORY COUNTY. IOWA, CONTAINING 3260 SQUARE FEET. MORE OR LESS. I ---;------------- -—-—-—-—-—-—-—-—-—-—-—-—-— Parcel 2A -3260 SF. Duff Avenue I l32'R ?b I � N ir- --- - -,—,�- - - - — --- - - - - - - - Parcel 2A Temporary Construction I I Easement I /o' I I i t: T9 LOT FT, LOT � 66'R 66'R LOT s� 33'R.O.W. 132' -� I LEGEND Ex�sllnp Pr� SLOW- Section Corner A p I1 Iron Monument p ROW Marker ■ p ROW Rail = Pl.PC,PT.POT.POST 0 Bench Mark m Plotted Distance p Measured Bearing& Distance M O 30 Recorded As R Deed Distance D Calculated Distance C Centerline Section Line — i Section Line Section Line — — — — SCALE Easement Line — — — — — — DUFF AVENUE WIDENING - AMEES 9 i0W A SHEET / OF / PARCEL 2 - GARY L. AND JANET L. THOMPSON PN 95477G FN A-949 El SNYDER ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-95 PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA