Loading...
HomeMy WebLinkAbout~Master - Street - McDonald's Real Estate Company - Duff Avenue Widening taT.NO. 9-7 - 03647 STORY COUNTY, IOWA FILED FOR RECORD F 015�- AM APR 17 1997 SUSAN L VAM R$=dlt Reoo*V Fee$ 4//• 00 AWID4 Fee i _ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECO Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146) Ames, Iowa (123 South Duff Avenue) L/C: 014-0023 File 564 STREET EASEMENT AGREEMENT THIS AGREEMENT, de ant red in o effective as of the 27th day of January 199d,2by and between na s eai�tateCano rasnyand THE CITY OF AMES, IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: LOTS 11 AND 12,BLOCK 1,BLACK'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: all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof. 2. Tem�or�Easement for Construction Granted.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. L•WPWMES\MCDONALD.EAS December 12,1996 1 10:40 a.m. 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 * 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. * the same condition which existed prior to the commencement of Grantee's Work 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. Reneszotiation of Damaizes. 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 asement exi aJsts 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. Rip-ht 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. EWP\AMESWCDONAMEAS December 12,1996 2 10:40 am. 9 7- 0364'7 (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 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 PaMent. Payment to Grantor by Grantee is: AnDraisal a. Permanent easement 714 sq. ft. $ 10,710.00 b. Temporary easement 2,402 sq. ft. $ 100.00 C. Improvements $ 1,786.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 b. Sign Relocation (Includes new footing and rewire) $ 5,000.00 TOTAL $ 17,646.00 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 Duff Avenue or Lincoln Way due to the U.S. 69 -Duff Avenue Widening Improvement Project. IMMAMES\MCDONAMEAS December 12,1996 3 10:40 am. c!'7- 03647 (3) IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS rGNTIEE Y MCDONALD'S REAL ESTATE COMPANY BY r F x ,# v%t f� t -.`by Its: De artment Director P Larry R. urtis,Mayox E t Rn[ # w Attest: 31, BY Sandra L. Ryan, City Cl k On this day of . 1996, before m ublic in and for Story County, personally appeared , to me known to be the person named in and who a oregoing instrument, and acknowledged that they executed the same "h2litaly.act mid-deed. I:WP\AW MCDONAM.EAS December 12,1996 4 10:40 aim McDONALD'S (ACKNOWLEDGMENT) I, Sheryle Valles, a Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY that Catherine A. Griffin, Department, Department Director of McDonald's Real Estate Company, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument as such Department Director appeared before me this day in per son and acknowledged that she signed, sealed and delivered the said instrument as her free and voluntary act as such Department Director and as the free and voluntary act of said corporation for the uses and purposes therein set forth. Given under my hand and notarial seal,this 27th day of January, 1997. [nn� NOTARY FFIC AAL SEAL HERYLE VALLES f�UBLIC,STATE OF ILLM off WNNIENS1Old VXP1aCS.09119100 . uen'A'»okAa^A~� ' No blic My commission expires September 19,2000. 9 7- 03647 (S) STATE OF IOWA, COUNTY OF STORY, SS: On this Vday 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 behalf of the corporation, by authority of its City Council, as contained in Resolution No. Q 7 15`tf adopted by the City Council on the day of- ,-r` , 191j, 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. Not Public in and for Story County jQ JILL L. RIPPERGER n t X 4. L•WPiA AMMCDONAMEAS December 1Z 1996 S 10:40 a.m. q�- 03647 (lo� EXHIBIT "A " ACQUISITION PLAT PARCEL DESCRIPTIONS: ( SEE SHEET 2 ) 13TR 60'R 77'R Parcel 15A -3091 S.F. Parcel I58 -689 S.F. Parcel15C -25S.F. OT a i OT �� LOT N Parcel15B Q Parcel 15A Permanent Temporary Construction oreel 15C Easement Easement Permanent Easement l3, 27 .E c //0' L�- - _ — — �n �b - - - - -- - - 5, ' r7 N /171 .ir w.t►. i��.'.,.�::'.':f;. :�r`e �`}:': 77� r 43 4 PA,B. l37'R - Duff Avenue --------------_-._------- Existing Prgp ned Z 5uC1o4G_ Fai!M Section Corner ♦ A Iron Monument • O 0 30 ROW Marker ■ O ROW Rail 2 Pl,PC,PT,POT,POST O Bench Mark m Flatted Distance P Measured Bearing & Distance M SCALE Recorded As R Dead Oistonce D Calculated Distance C REVISIONS Centerline Section Line - .11-19-96 1 $eCtian Une --� — V4 Section Line — — -- Easement Line — — — — — — DUFF AVENUE WIDENING - AMES, IOW A SHEET I OF 2 PARCEL l5 - W DONALUS CORPORATION PN 95477G FN A-962 S N Y D E R & ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-I9-96 --,t PLANNERS ANKENY, IA 50021 (5151 964-2020 TECH: PTA FILES c:\dyn\pIa\mist\plot15.dgn 9� 03647 r l DATE-19-Nov-Y6 09:33 �. EXHIBIT "A „ TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 15A: THE EAST 20 FEET OF LOTS 11 AND 12. AND THE WEST 13 FEET OF THE EAST 33 FEET OF THE NORTH 27 FEET OF LOT 11 , ALL IN BLOCK 1 , BLACK'S ADDITION TO THE CITY OF AMES. STORY COUNTY IOWA. AND CONTAINING 3091 SOUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 15B: A PART OF LOTS 11 AND 12, BLOCK 1 , BLACK'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 11 : THENCE SOUTH ALONG THE EAST LINE OF SAID LOTS 11 AND 12 TO THE SOUTHEAST CORNER OF SAID LOT 12: THENCE WEST ALONG THE SOUTH LINE OF SAID LOT 12, 3 FEET: THENCE NORTH ALONG A LINE BEINQ 3 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 12, 43 FEET: THENCE NORTHWESTERLY TO A POINT BEING 17 FEET SOUTH OF AND 8 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 11 : THENCE NORTH 17 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 11 : THENCE EAST 8 FEET TO THE POINT OF BEGINNING AND CONTAINING 689 SOUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 15C: THE EAST 11 FEET OF THE SOUTH 5 FEET OF THE NORTH 50 FEET, EXCEPT THAT PART OF PARCEL 15B AS DESCRIBED ABOVE. OF LOT 11 , BLOCK 1 , BLACK'S ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA AND CONTAINING 25 SOUARE FEET MORE OR LESS. r DUFF AVENUE WIDENING - AMES, IOW A SHEET 2 OF 2 PARCEL /5 - MCDONALD'S CORPORATION PN 954777G FN A-%2 ENGINEERS 501 S.W. ORALABOR ROAD DATE: 0B-01-96 S N Y D E R 8, ASSOCIATES PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA FILE:c:\dqn\othws\plotl5.dyn DATE, 8-Jon-97 1601 9�- 0,3647 (8)