Loading...
HomeMy WebLinkAbout~Master - Street - Eilts and Clink - Duff Avenue Widening 03645 NST.No. STORY COUNTY, IOWA gbG� FILED FOR RECORD ✓�9z_ c 1 � IAM APR 1 7 1997 0 SUSAN� �KAMP,Reoadr a owft Fee$ Audnrs Fee s DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by John P-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 14 day of A LV CL 311997, by and between Randall O. &Kyong S. Eilts and Sterling A. & Jhan C. Clink, 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 4, AND PART OF LOT 5, BLOCK 18, imm r S 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 Required. 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 - Duff Avenue 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. IAwp\ames\95477g\dlink.eas r � It is also understood and agreed that the Grantors hereby release 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. all as shown on the Easement Plat attached as Exhibit A and by this reference made a part hereof. 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 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. Grantors 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, 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 Grantors covenant 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. I:\wp\smcs\95477g\clink.eas 7- 03645 ( Z.) f 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 11 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: a. Temporary easement 255 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 loss of vehicular v cular access from Duff permanent or temporary changes in street grade or changes in or 1 o Avenue or Lincoln Way due to the U.S. 69 -Duff Avenue Widening Improvement Project. IAwp\unesV5477g\c1in1Leas 9 -7- U3645 ` 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 BY , Larry R. urtis r= Attest: B - Sandra L.Ryan, City Cl`tk STATE OF IOWA, COUNTY OF STORY, SS: On this 14� day of CQ41 n C h , 1997, before me, a Notary Public in and for Story County,personally appeared ,;,,n�LliinL and JbDn S•Ciink, 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. `s� MGM L;.WIEBERS � MY co"IMISSION EXPIRES CKF ?A Nota4 Public in and for Story County,Iowa IAwp\amesV5477g\clink.eas 9-7— 03645 ` I ) r , STATE OF IOWA, COUNTY OF STORY, SS: On this V"-" day of J 1997, 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. `T-' adopted by the City Council on the day of ib&\` , 197 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 S€ciry CotltrtyIov�a � rp VWN +li d 4 ayyq,,. JILL L. RIPPERGER IAwp\smrsV3477g\c1ink.e= -7- 03645 (5) r EXHIBIT " A " EASEMENT PLAT TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 6A: THE WEST 15 FEET OF THE NORTH 10 FEET OF LOT 5. AND THE WEST 15 FEET OF THE SOUTH 7 FEET OF THE LOT 4. BLOCK 18 OF BORN'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA, AND CONTAINING 255 SQUARE FEET, MORE OR LESS. Duff Avenue Parcel 6A -255SF. 33.58'R � I n� Parcel 6A Temporary Constructlon Easement g © � LOT 151 r-5'R Lc) 0 20 =11 t1r. !or 4 ri SCALE 10'R 2358'R 3358'R . LEGEND Exlstinp P SIM* _ r 4 .. i Des Moines Ave. Section Corner ♦ 0 r If Monument • O ROW Marker ■ O ROW Roll Z .3 Pl,PC.PT,POT,POST O Bench Mark • Plolfod Distance P ———————— -------------- Measured Bearing & Distance M Recorded As R Deed Distance D Calculated Distance C Centerllne Section Line — REVISIONS SeCflon line — — t/�% Section Line — _. _ — 11-19-96 f.asemenlOne — — — — — DUFF AVENUE WIDENING - AMES, IOW A SHEET / OF / PARCEL 6 - STERLING AND JHAN CONK, RANDALL AND KYONG EI LT S PH 95477G FN A-953 ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96 SNYDER & ASSOCIATES PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA a -7^ 03645 (1,) DATE�tB-lior��6 0,06a106.dgn CONSENT OI+ LIENHOLDER, (as contract seller) Kyong S. Eilts As holder of a lien pertaining to the subject property, Randall 0. Eilts and does hereby consent to the attached easement agreement and agrees to the terms and conditions therein stated. ,--R cx/�� 0 Ran a 1 O. Eilts Kyong i ts (INDIVIDUAL NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this day of ; , 1990 before me the undersigned, a Notary Public in and for the State of Iowa, personally lippeared Randall 0. Eilts and Kyong S . Eilts XqtM , to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Ire JOWN R.t1,Ui1Jo144 .�. My CONVISSIGN EX?liES /10tary Public in for Story a (PARTNERSHIP NOTARY) STATE OF IOWA, COUNTY OF STORY, SS: On this day of , 1996 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 , 1.996 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 acknowwedged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it an 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 , 1996 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 i:\%q 6.1\a1ncs\95477g\nolary2.eas `9 -7— 03645 (7)