HomeMy WebLinkAbout~Master - Street - Young - Duff Avenue Widening fer.No. 9`7- 03651
STORY COUNTY,IOWA
ON FILED FOR RECORD
AAA APR 1 7 1997 ;pW
N L.VAME ,Recorder
Recorcrsng
Fees
UAWs Fee$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John IL Klaus,City of Ames Legal Depart metA,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
STREET EASEMENT AGREEMENT
THIS AGREEMENT, made and entered into effective as of the 49 day of
, 1997,by and between William R. &Deborah A.Young, Grantors, and THE CITY OF
AMES,IOWA, Grantee,WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
LOT 1,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. 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.
I:WP�AWS\95477\YOUNG-LEAS February 25,1997
8:20 a.m
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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 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.
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:WPIANM\954MYOUMC 1L8A3 February 25,1997
9 -7- 03651 ( Z.) 9:20am
10. MonitoringWells. It is understood and agreed that should an monitoring wells
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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:
Appraisal
a. Permanent easement 1.352 sq. ft. $ 20,280.00
b. Temporary easement 3.082 sq. ft. $ 100.00
C. Improvements $ 4;600.00
d. Restripe parking $ 610.00
Administrative
a. Flowerama Sign relocation
(including rewire) $ 2,800.00
b. Medicap Sign relocation
(including rewire) $ 2,650.00
C. Adding title documents
to Grantors abstract $ 50.00
TOTAL $ 31,090.00
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.
IMMAMMMMYOUNG-LEAS February 25,1997
9 -7- 03651 (3) 8:20 am.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and
sealed as of the date first above written.
GRANTORS G NTEE
BY
Larry R. C rtisBY ,0
,
Sandra L. Ryan, City Cler
STATE OF IOWA, COUNTY OF STORY, SS:
On this I + day of P/) 1997, before me, a Notary` Public m and
for Story County,personally appeared w,11-,k. ,u.. and A,Y°"Ito 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.
otary Public in and for Story County, Iowa
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I VANAMEM95477%YOUNG-LEAS �� U 3651 Cy) February 25,IM
8:20 s.m.
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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. �`7"��L adopted by the City
Council on the '" day of ` , 19 , 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 Witty,'][ow
JILL L. RIPPER ER
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I:WF\AWSU5477\Y0UNG-1.EAS `l ( Fdxuary 25,1997
°� !" 03651 `S� 8:20a.m.
CONSENT OF LIENHOLDER
As holder of alien pertaining to the subject property, rw-,+ 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 i--� ,- day of 6", k . 1997 before me the undersigned, a Notary Public in
and for the State of Iowa, personally appeared
and to, to me nown 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.
Notary Oblic 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 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 . 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
iAwp6.1\w=\95477g4iotary2.e" 0/"'7— 03651 (��
EXHIBIT "A "
ACQUISITION PLAT
PARCEL DESCRIPTIONS: (SEE SHEET 2 )
.---.-.------- -----
-.- ----..--.-.- ---
Parcel 16A -4434 S.F. ,
Parcel I6B -1352 S.F. Lincoln Way I
65J0'R
Parcel 16B
Permatm ot
Easeme t
:l; I
dr
33'R.O.W.
25'cc
>` I
o
Parcel 6A I 3
Temporary Construction I 5' �r.
Ease t
/ OT / I I
Fr. LoT
8' �1?
30'R
32' �
Alley
LEGEND V 84'R
Existing P Point Of Beglnnlnq
Parcel 16B
Section Corner ♦ 0
Iron Monument • 0
ROW ROPY Rater = 0 30
Pt,PC,PT,POT,POST 0
Bench Mork m
Plotted Distance P
Measured Bearing& Distance M L"pm�
Deed Diissto e As D SCALE
Calculoted Distance C
Centerline —'
Section One — REVISIONS
Section line — —
4114 section One — — — — — I1-19-96
Easoment Vne — — — — —
DUFF AVENUE WIDENING - AIMI ES, IOV V A SHEET I OF 2
PARCEL 16 - W I LLI AM AND DEBORAH YOUNG PN 954770 FN A-963
ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96
SNYDER & ASSOCIATES PLANNERS ANKENY. IA 50021 (515) 964-2020 TECH: PJA
DATE�19allovp�B 0850 ttB.dpn
"17- 03651 0)
A. EXHIBIT „A „
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 16A:
THE EAST 25 FEET OF LOT 1 . AND THE WEST 7 FEET OF THE EAST 32 FEET
OF THE SOUTH 8 FEET OF LOT 1 , BLOCK 1 . BLACK' S 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 4434 SQUARE FEET, MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION 1613:
THAT PART OF LOT 1 , BLOCK 1 , BLACK' S ADDITION TO THE CITY OF AMES,
STORY COUNTY, IOWA BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1 : THENCE WEST ALONG
THE SOUTH LINE OF SAID LOT 1 , 8 FEET: THENCE NORTH ALONG A LINE BEING
8 FEET WEST OF AND PARALLEL WITH THE EAST LINE OF SAID LOT 1 , 43 FEET:
THENCE EAST 3 FEET: THENCE NORTH ALONG A LINE BEING 5 FEET WEST OF AND
PARALLEL WITH SAID EAST LINE TO A POINT BEING 37 FEET SOUTH OF THE NORTH
LINE OF SAID LOT 1 : THENCE NORTHWESTERLY TO A POINT BEING 24 FEET SOUTH
AND 8 FEET WEST OF THE NORTHEAST CORNER OF SAID LOT 1 : THENCE WEST TO
A POINT BEING 24 FEET SOUTH AND 20 FEET WEST OF SAID NORTHEAST CORNER:
THENCE NORTH TO A POINT BEING 10 FEET SOUTH AND 20 FEET WEST OF SAID
NORTHEAST CORNER: THENCE NORTHEASTERLY TO A POINT ON THE NORTH LINE
OF SAID LOT 1 . SAID POINT BEING 33 FEET WEST OF SAID NORTHEAST CORNER:
THENCE EAST 33 FEET TO SAID NORTHEAST CORNER: THENCE SOUTH ALONG THE
EAST LINE OF SAID LOT 1 TO THE POINT OF BEGINNING, EXCEPTING THEREFROM
THAT PART OF THE DESCRIBED PROPERTY PREVIOUSLY CONVEYED TO THE STATE
OF IOWA FOR ROADWAY PURPOSES. CONTAINING 1352 SQUARE FEET MORE OR LESS.
DUFF AVENUE WIDENING - AMES, IOWA SHEET 2 OF 2
PARCEL 16 - WILLIAM AND DEBORAH YOUNG PH 95477G FN A-963
ENGINEERS 501 S.W. ORALABOR ROAD DATE: 08-01-96
S N Y D E R & ASSOCIATES PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA
03651 ( $) DAITE NovD�6 m0830at16.dpn