HomeMy WebLinkAbout~Master - Street - Commerce Bank of Kansas City, N.A. - Duff Avenue Widening 03G52
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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 117 day of L , 1997,
by and between COMMERCE BANK OF KANSAS CITY, N.A. T/U/A LINi)A1 S. BLOCH TRUST
DATED JUNE 11, 1974 Grantor,and THE CITY OF AMES,IOWA,Grantee,WITNESSES:
WHEREAS,Grantor is the holder of fee title to certain real estate described as:
Lots 1, 2, 3, 4, and 5, all being in Ames Grain and Coal Company First
Addition to the City of Ames,Story County,Iowa,
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 Grantor herein stated,the
aforesaid Grantor and Grantee have agreed and do agree,as follows:
l. Permanent Perpetual Easement Granted. Grantor does hereby grant to Grantee a permanent
perpetual easement for a public street,utilities, and street construction and maintenance purposes over,across
and under:
Permanent Easement 1913: The east 5 feet of Lots 1,2,3,4,and 5,all being in Ames Grain and
Coal Company First Addition to the City of Ames, Story County, Iowa, and containing 694
square feet,more or less.
Permanent Easement 19C: The west 5 feet of the east 10 feet of the north 8 feet of Lot 1 of
Ames Grain and Coal Company First Addition to the City of Ames, Story County,Iowa,and
containing 40 square feet,more or less.
all as shown on the Acquisition Plat attached as Exhibit A and by this reference made a part hereof.
2. Tempg ary Easement for Construction Granted. Grantor does 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.
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 Grantor,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.
4. Structures Prohibited. Grantor 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. 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. Temnorary 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. Grantor does hereby covenant and warrant to Grantee that Grantor holds
the real estate first above described by title in fee simple,free and clear of mortgages,liens or other encumbrances
and that Grantor has 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. Monitorina Wells. It is understood and agreed that should any monitoring wells owned by
Grantor 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
Grantor 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 Grantor providing
Grantee with itemized bills and receipts for the replacement of the wells.
11. Statement of Pay. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement 734 sq. ft. $11,010.00
b. Temporary easement 2,736 sq. ft. 100.00
C) -7- 03652 (2)
C. Improvements 5,035.00
Administrative
a. Sign relocation(incl.rewire) S 2,800.00(TcnantsCompensation)
b. Adding title documents to Grantor's abstract 50.00
C. Other damages -0.00-
TOTAL $18,995.00
Also,in consideration of said payment by the Grantee,Grantor,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 Avenue or Lincoln Way due to the
U.S. 69-Duff Avenue Widening Improvement Project.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as
of the date first above written.
Commerce Bank of Kansas City, N.A.
GRANTOR T/U/A Linda S. Bloch Trust GRANTEE
vC ` '
Ronald E. Snyd r B Larry R. 0 is,Mayorf '
RA,��= _Vice-President ,
.4 zl:.
Attest:SK
�• �
44 A ��n Sandra L.Ryan City CIA
Assistant Sacrpi";
STATE OF MISSOURI, � TY OFl�Sd 4 , SS:
On this /D day of_ ,4iL , 1997,before me,a Notary Public in'ari'dfor the state
of Missouri,personally appeared 25 c- ,to me personally known who being by
me duly sworn,did say that he/she is the V e f F f We-s, the corporate trustee executing the
foregoing instrument,that the seal affixed thereto is the seal of the corporation;that the instrument was si eol
and sealed on behalf of the corporation by authority of its Board of Directors;and that v /v �/
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.
NANCY J. THARP
Notary Public-Notary Seal
STATE OF MISSOURI _Q
Commissioned in Clay County
My Commission Expires Nov. 1,2000_ N ry Public i d for Missouri/
STATE OF IOWA,COUNTY OF STORY,SS:
On this St'r- day of , 1991, ., 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 sep led on behalf of the corporation, by authority of its City Council, as contained in Resolution
No. -15 adopted by the City Council on the day of�h l , 19g,and
that Larry R. Curtis and Sandra L. Ryan acknowledged the execution of the instru�r>2,@}}t,to.be their voluntary
act and deed and the voluntary act and deed of the corporation,by it voluntarily,e�ecuf �
Notary Public in Tor ..oiy r®It>ty Iowa
law/commerce.318 D 1
JILL L. RIP RGE
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CONSENT OF TENANT As tenant of the subject property, Y&M 5P_ e (r r '/�f
d does hereby omisent 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 1996 before me the undersigned,a Notary Public in and for the State of Iowa,
personally appeared and ,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.
Notary Public in and for Story County,Iowa
(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)
STAT
E OF IOWA,COUNTY OF STORY,SS:
On this_1_ d y of 199)before me the undersigned,a Notary Public in and for the State of Iowa,
personally appeared 1 e and to m 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
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 forego' act and deed of the corporation,b{/ and b th oluntaril executed.
cJ�..1 r J y y
is S Oto
N EXPIRES
Notary u is in and for Story wa
(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
IMP1AMEMAM S21954770.PAs
EXHIBIT "A "
ACQUISITION PLAT
PARCEL DESCRIPTIONS: (SEE SHEET 2)
�— 138.80'R ---��
25'R 25'R 25'R 25'R 38.8'R
Parce 19A 3470 F.
Parce 198 694 F.
Parce /9C 40 S .
loT _r
t ol- 1
--or % i OT
cc I i-
m w
L1
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reel l9 arcel I9C �'T t
Temporary 'x5'Permanent
Cons ruction Eas ment Easement
N Ln
T ��•\.r..nT . �
138.8'R
Parcel 19B
Permanent Duff Avenue
Easement
LEGEND --------------------------------------
Existitq Pr
Section Carter ♦ p
Bon Monumenl • 0
R(M' Marker ■ GJ 0 30
ROW Roil I
I'l,PC.Pr. OSr p
Bench Alork a,
Flailed Distancetance P
Measured Dearing&D/stcnce M
Recor As fl
ed nstonce D SCALE
Calculated Distance C
Centel,
11rn --- —
Section Una - -----
Section line -- — — ---- REVISIONS
�%4 Section lira --.. ..- — — ----- 11-19 96
Easentenl line ———------
DUFF AVENUE WIDENING - AMES, IOW A S11EET / OF
PARCEL 19 - COMMERCE BANK OF KANSAS CITY PN 95477c FN A 96',
SNYDER t� ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 091996
PLANNERS ANKENY. IA 50021 (515) 964-2020 TECH: PJA
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