The URL can be used to link to this page

Home My WebLink About~Master - Street - Duff Center Limited Partnership - Duff Avenue Widening WT.No. c) -7—03646 s z STORY COUNTY, IOWA ✓,r FILED FOR RECORD F p,5� Al APR 1 7 1997 8USAN L VANDE DAMP,Reoorclel Aaoadm Fee$ 31D. Co 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 AN&ANWM*5-239-5146) STREET EASEMENT AGREEMENT THIS AGREEMENT, made and entered into effective as of the day of , 1997,by and between Duty Centre Limited-Partnership, Grantors, and THE CITY OF ANTS,IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: LOT 1 OF DUFF CENTRE 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 - 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. I:WP\AWSU5477S*WNZEKRI.EAS 1 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. 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. easement for construction anted 7. Temporary Easement Termination. The temporary g 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. 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. I:WP\AM6s\954ng%1UNZEM1.EAS 2 9-7— 03646 Z� r , 11. Statement of Payment. Payment to Grantor by Grantee is: Appraisal a. Permanent easement 514 sq. ft. $ 7,710.00 b. Temporary easement 4.736 sq. ft. $ 100.00 C. Improvements $ 1,286.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 TOTAL $ 9,146.00 Grantee, City of Ames,hereby grants permission to the Grantor, for the purpose of removing excess snow from said Lot 1 Duff Centre, to store said excess in two parking spaces in the City of Ames parking lot located immediately west and adjacent to said Lot 1. Grantor hereby grants permission to the Grantee to relocate and restore to a satisfactory condition the Duff Centre business entrance sign,beyond the limits of the herein described Permanent Perpetual Easement and within the proximity of its existing location. 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 Duff Avenue or Lincoln Way due to the U.S. 69 -Duff Avenue Widening Improvement Project. I:VMAWSU5477gV4UNZBKRI.EAS 3 `� -7- 03646 C 3 r ' IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTO GRANTEE (j �n-� 4✓lr�e� ! BY Larry R. Curti , Ma or Attes P� � � >/ BY Sandra L.Ryan, City Clerk,;, 7 = STATE OF IOWA, COUNTY OF STORY SS: On this day of �� , 1997, before me, a Notary Public in and for Story County,personally appear and �L-v' 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. ^` RESE':GA BARCLAY MY COMMISSION EXPIRES / otary Public in d for Story dounty, Iowa I:WP\AMESV5477gV1UNZEKRI.EAS 4 03646 Cy STATE OF IOWA, COUNTY OF STORY, SS: On this day of 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. 97 adopted by the City Council on the `76�day of �e , 19`�7, 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 Story Co nty; Io j, 3 l JILL L. RIPPERGER �,. ol ss . I 'V 1:wP\AWS\95477SV1WZFxR1.Ens 5 / �-- 03646 (5) EXHIBIT "A " ACQUISITION PLAT PARCEL DESCRIPTIONS: (SEE SHEET 2 ) 49'R Parcel 20A - 5250SF. Parcel 208 - 490SF. Parcel 20C - 24SF. ti 65'R `a l8R 35'R 60'R 70 c � b � Parcel 20C 0/ °p J 4 W Permanent Easement Parcel20A TempolaEraysemnt Parcel 20B (- ConstructionPermanent Easement ('0 — 150' - - z. 150' 7'R P- 192'R —-—-—-—-——-—-—M----------- ----- LEGEND Exarr P Duff Avenue s� Found Z Section Corner Iron Monument • O ROW Marker ■ O 0 50 ROW Rail 3 Pl,PC.PT.POT.POST 0 Bench Mark m — Platted Distance P Measured Bearing & Distance M Recorded As R SCALE Deed Distance D Calculated Distance C Centerline — Section line - REVISIONS � Section line — — — — 11-19-96 V4 Section Line Easement Line — — — — — — DUFF AVENUE WIDENING - AMES9 IOW A SHEET / OF 2 PARCEL 20 - DUFF CENTER LIMITED - PARTNERSHIP PN 95477G FN A-966 SNYDER 8, ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96 PLANNERS ANKENY, IA 50021 (515) 964-2020 — TECH: 03646 C 6\ DATEc19 ov-la\mtsc\p10t20.dgn `�'I} /) DATE+19-NNov-99t 09+28 . EXHIBIT "A „ TEMPORARY CONSTRUCTION EASEMENTiDESCRIPTION 20A: THE SOUTH 150 FEET OF THE EAST 35 FEET OF LOT 1 OF DUFF CENTRE IN THE CITY OF AMES, STORY COUNTY, IOWA. CONTAINING 5250 SOUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 20B: A PART OF LOT 1 OF DUFF CENTRE IN THE CITY OF AMES, STORY COUNTY, IOWA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT It THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 1 . 4 FEET; THENCE NORTH ALONG A LINE BEING 4 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 , 95 FEET: THENCE NORTHEASTERLY TO A POINT ON THE EAST LINE OF SAID LOT 1 . SAID POINT BEING 150 FEET NORTH OF THE SOUTHEAST CORNER OF SAID LOT 1 : THENCE SOUTH ALONG THE EAST LINE OF SAID LOT 1 , 150 FEET TO THE POINT OF BEGINNING. AND CONTAINING 490 SQUARE FEET. MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 20C: THE WEST 6 FEET OF THE EAST 10 FEET OF THE SOUTH 4 FEET OF LOT 1 OF DUFF CENTRE IN THE CITY OF AMES. STORY COUNTY. IOWA. CONTAINING 24 SOUARE FEET. MORE OR LESS. DUFF AVENUE WIDENING - AMES, IOWA SHEET 2 OF 2 PARCEL 20 - DUFF CENTER LIMITED - PARTNERSHIP PH 9547TG FN A-966 SNYDER & ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 08-01-96 PLANNERS ANKENY- IA 50021 (515) 964-2020 TECH: PJA FLEA ei\d9yn\pio\miae\dot20.dgn ` DATES 19-No - 8 092 3646 /\1 v