HomeMy WebLinkAbout~Master - Street - Buji, LC - Duff Avenue Widening 03819
STORY COUNTY, IOWA
R 5 FILED FOR RECORD
AM APR
2 2 1997;-Vff
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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 day of
199t,by and between BUJI,L.C., Grantors,and THE CITY OF AMES,IOWA,Grantee;
WITNESSES:
WHEREAS,Grantors are the holder of fee title to certain real estate described as:
Lot 4, Block 1, Kingsbury's First Addition. An official plat in 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:
all as 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 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. Also the Grantee will ensure access
to the property during business hours while improvements are made and shall restore said described property to
a satisfactory condition after temporary easement is no longer required. It is understood and agreed that the
consideration for this easement includes full compensation for damages,if any,to the temporary easement area.
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 Grantors,as owners,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 613.52 Code of Iowa, 1995.
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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. Rieht 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,and to relocate existing advertising structures on the easement
area.
7. Temporary Easement Termination. The temporary easement for construction granted under this
agreement shall terminate,cease and become null and void on completion of the said street project.
8. Warranty of Title. Grantors do hereby covenant and warrant to Grantee that Grantors hold the
real estate first above described by title in fee simple,free and clear of mortgages,liens or other encumbrances
and that Grantors have 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
Grantors on the above described land be eliminated or disturbed,the Grantee shall plug and abandon said wells.
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 Grantors by Grantee is:
Appraisal
a. Permanent easement 176 sq.ft. $4,140.00
b. Temporary easement 2,294 sq.ft. 100.00
C. Improvements 753.00
Administrative
a. Sign relocation(incl.rewire) $2,800.00
b. Adding title documents
to Grantors abstract 50.00
TOTAL $7,843.00
The City of Ames will remove snow accumulation, as a result of the City of Ames snow plowing
operation,on the sidewalks adjacent to the back of curb,along the side of Duff Avenue, 150 feet south of Lincoln
Way.
Also, in consideration of said payment by the Grantee, Grantors,their heirs, successors and assigns
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 Duff or Lincoln Way due to the U.S. 69-
South Duff Widening Improvement Project.
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U3819 (Z.)
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as
of the date first above written.
GRANTORS,BUJI,L.C. GRANTEE
BY BY
Hanson,President LarryR. trtis, ayo>rua Attest: °
Sandra L.Ryan City Clerk
STATE OF IOWA,COUNTY OF STORY, SS:
On this�� day of , 1997,before me,a notary public u►and for said
county,personally appeared G.A.Hanson,to me personally known,who being by me duly sworn did say that that
person isift President of said limited liability company,that
no seal has been procured by the said limited liability company)and that said instrument was
signed and sealed on behalf of the said limited liability company by authority of its managers and the said G.A.
Hanson acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability
company by it voluntarily executed.
' rnv corn"ISS!or U !srs
� No blic in and for S ry County,Iowa
STATE OF IOWA, COUNTY OF STORY, SS:
On this day of '�,L 9 9 7 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.T7�S �7
adopted by the City Council on the 9—day of `P 1 ` , 19�2,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.
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Notary Public in and for S ory Co ;,Iola
law\buji.416
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JILL L. RIPPERGER
it .A iltlAta,
°� 7- U3819 C :3 3
CONSENT OF TENANT p p n y' ��
As tenant of the subject pro pert h 0 �. case r w s Q_t) does hereby consent to the
attached easement agreement and agrees to the terms and conditions therein stated.
(INDIVIDUAL NOTARY)
STATE OF IOWA, COUNTY OF STORY, SS:
On this _ day of r J_ _ �997 before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ��, (m serN
and _Z',� anser\ , to me known to be the identical persons named in and who
executed the foregoing instrument and acknowledged t they executed the same as their voluntary act and
deed.
a
ANNITA M.KRUSE
)o-- slON ptp►t g Notary Public in and for Story County, Iowa
(PARTNERSHIP NOTARY)
STATE OF IOWA, COUNTY OF STORY, SS:
On this day of , 1997 before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared to me
personally known, who being by me duly sworn, did say that the person is one of the partners of
, a partnership, and that the instrument was signed on behalf of the partnership
by authority of the partners and the partner acknowledged the execution of the instrument to be the voluntary act
and deed of the partnership by it and by the partner voluntarily executed.
Notary Public in and for Story County, Iowa
(CORPORATION NOTARY)
STATE OF IOWA, COUNTY OF STORY, SS:
On this day of , 1997 before me the undersigned, a Notary Public
in and for the State of Iowa, personally appeared and
to me personally known, who being by me duly sworn, did say that they are
the , and respectively, of the
corporation executing the within and foregoing instrument to which this is attached, that (no seal has been
procured by the) (the seal affixed thereto is the seal of the) corporation; that said instrument was signed (and
sealed) on behalf of the corporation by authority of its Board of Directors; and that
and , as officers acknowledged the execution of the foregoing instrument to be
the voluntary act and deed of the corporation, by it and by them voluntarily executed.
Notary Public in and for Story County, Iowa
(TRUSTEE NOTARY)
STATE OF IOWA, COUNTY OF STORY, SS.
On this day of , 1997 before me the undersigned, a Notary Public in
and for the State of Iowa, personally appeared to me personally
known, who being by me duly sworn, did say that he is the the
corporate trustee executing the foregoing instrument, that the seal affixed thereto is the seal of the corporation;
that the instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and
that , acknowledged the execution of the instrument to be the voluntary act and
deed of the corporation and of the fiduciary, by it, by them and as the fiduciary voluntarily executed.
Notary Public in and for Story County, Iowa
7- U3819 (,I)
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EXHIBIT "A "
ACQUISITION PLAT
PARCEL DESCRIPTIONS: (SEE SHEET 2)
-------- -—-—-—-— ------------ ---
Duff Avenue
Parcel 48 '
Parcel 4A 2595SF. Permanent RA.W.
Parcel 4B -276SF. Easement
123.40 2/' P.O.B
R I
NW 4 or.
Lot I
20,
k i•• I
1i•::t i'i I
b —————————————— ———— I
N l2'
I
/0T � I
I
I
$ or Parcel4A
M Temporary Construction
cr �
h �
33'RAW.
LOT 5 r�I jV\
I
1
of
I cl
LOT
LEGEND
Ex)s1Fnp Propgsed
Section Corner A -�— _ Z
Iron Yonument • o
ROW Yorker w O
ROW Rod = 9
Pt,Pr.Pr.Por,PoSr p —"
Bench York -
Platted Oistance P 0 30
Measured Bearing& Distance Y
Recorded As R
Deed Distance D
Calralaled Distance C
Centerline -- —
Section Une _ .__ SCALE
� Section Cine
Section One — — — — — REVISIONS
Easement Une —————_
lI-19-96
DUFF AVENUE WIDENING - AMES, IOW A SHEET / OF 2
PARCEL 4 BUJI L.C. PN 95477G FN A-951
ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96
SNYDER 8 ASSOCIATES
PLANNERS ANKENY. IA 50021 (515) 964-2020 TECH: PJA
01 '7— �/��19 S J DATE,WdIYw�y�s�,:�ezros.eye
EXHIBIT „All
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 4A:
THE WEST 20 FEET OF LOT 4, BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO
THE CITY OF AMES, STORY COUNTY, IOWA. EXCEPT THAT PART OF THE
ABOVE DESCRIBED PROPERTY PREVIOUSLY CONVEYED TO THE STATE OF
IOWA FOR ROADWAY PURPOSES, CONTAINING 2595 SQUARE FEET
MORE OR LESS.
PERMANENT RIGHT OF WAY EASEMENT DESCRIPTION 4B:
BEGINNING AT THE NORTHWEST CORNER OF LOT 4. BLOCK 1 OF
KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES, STORY COUNTY,
IOWA. THENCE SOUTH ALONG THE WEST LINE OF SAID LOT 4. 21 FEET:
THENCE NORTHEASTERLY TO A POINT BEING 20 FEET EAST AND 12 FEET
SOUTH OF SAID NORTHWEST CORNER: THENCE NORTH 12 FEET TO A POINT
ON THE NORTH LINE SAID LOT 4: THENCE WEST 20 FEET TO THE POINT OF
BEGINNING. EXCEPT THAT PART OF THE ABOVE DESCRIBED PROPERTY
PREVIOUSLY CONVEYED TO THE STATE OF IOWA FOR ROADWAY PURPOSES,
CONTAINING 276 SQUARE FEET MORE OR LESS.
1
DUFF- AVENUE WIDENING - AMES, IOWA SHEET 2 OF 2
PARCEL 4 - BUS L.C. PN 954UG FN A-951
S N Y D E R $� ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 06-01-96
PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA
D T�id
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