HomeMy WebLinkAbout~Master - Street - Taco Johns of Iowa, Inc. - Duff Avenue Widening �+ar. U368� Jx
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STORY COUNTY, IOWA L VANDE DAMP. FILED FOR RECORD
Re wft NO Z APR 1 7 1997 PM
4WWs Fee= '
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
y /30 J(/� day of
THIS AGREEMENT, made and entered into effective as of the
tidy . ,4.996, by and between Taco Johns of Iowa,Inc.,
Grantors, and THE CITY OF AMES,IOWA, Grantee, WITNESSES:
WHEREAS, Grantors are the holder of fee title to certain real estate described as:
LOT 13,BLOCK 1,BLACK'S FIRST 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. Tempgjaly 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\AMES\TACOJOHN.EAS December 16,1996
1 9:45 am.
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. Temnoraty 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.
INMAMEWACOJOHMEAS December 16,1996
2 9:45 am.
g �- 03682 Cz)
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:
Appraisal
a. Permanent easement 205 sq. ft. $ 3.075.00
b. Temporary easement 995 sq. ft. $ 100.00
C. Improvements $ 2.023.00
Administrative
a. Adding title documents
to Grantors abstract $ 50.00
TOTAL $ 5,248.00
Also specific site conditions, as shown on the attached sheet labeled Parcel 14, Taco Johns
of Iowa, Inc. Site Plan, shall be adhered to. F vcc/ l 41- S-XPet iJ -&al GeV /-7, �7, V
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.
IMPAMESUACOJOHMEAS December 16,1996
3 9:45 a m
9-7- U3682 (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 NTEE
��.
BY ` VIce
R 3;
1
Larry R. Cu is, Mayor m < t
Atte t �
BY
Sandra L. Ryan, City Clerk, `
STATE OF IOWA
SS:
COUNTY OF STORY
On this l`1 ' day of to r i , 1997, before me, a Notary Public in and for
Story County,Iowa,personally appeared a 5 o r► n , to me personally
known,who being by me duly sworn, did say that he is V ice 4 rs . of said corporation,
that the seal affixed to said instrument is the seal of said corporation,or no seal has been
procured by the said corporation, and that said instrument was signed and sealed on
behalf of said corporation by authority of its board of directors and the said J a so n
e acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation by it voluntarily executed.
Notary Fiblic in and for
gto*y County,Iowa
Pa kk
i
I:WP\AMES\TACOJOHN.EAS G� /U December 16,1996
4 r �'03682 l 1 ) 9:45 am.
STATE OF IOWA, COUNTY OF STORY, SS:
On this day of r1 , 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 behalff of the corporation, by
authority of its City Council, as contained in Resolution No. ��" `� adopted by the City
Council on they" day of Am , 191� 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. }
s'
Notary Public in and for Story Co>ility, Ion ;' g
JILL L. RIPPERGER
IMPIAMESUACOJOHREAS December 16,1996
5 7- 0368
r2 l 5) 9:45 am
EXHIBIT "A "
ACQUISITION PLAT
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 14A:
THE EAST 20 FEET OF LOT 13, BLOCK 1 , BLACK' S FIRST ADDITION TO THE
CITY OF AMES. STORY COUNTY, IOWA, AND CONTAINING 1200 SOUARE FEET,
MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION 14B:
THE EAST 3 FEET OF LOT 13. BLOCK 1 . BLACK'S FIRST ADDITION TO THE
CITY OF AMES, STORY COUNTY, IOWA, AND CONTAINING 180 SOUARE FEET.
MORE OR LESS.
60'R
I
Parcel 14A -1200SF.
�j Parcel 14B -180SF.
33'RA.W.
j LOT /1
I N N N LoT /.
I
Parcel 14A
I Temporary Constructlon
69 Easement
N
I Parcel 14B
I 4 60'R Permanent
1
I Easement'
Duff Avenue
� LEGE-7VD -—-—- -
Existing Prwaw Z
Section Corner • A Q 30
Iron Monument • O
ROW Marker ■ O
ROW Rail = 3
P,ffr PT,POT,POST (?
Bench Mark +p
Platted Distance P
Measured Bearing & Distance M SCALE
Recorded As R
Deed Distance D
Calculated Distance C
Centerilne — REVISIONS
Section tine 11-19-96
Section line -- —
%4%4 .Section line — — — — -
Easement Line — — — — — —
DUFF AVENUE WIDENING - AMES, IOW A SHEET / OF ,
fi!CEL l4 - TACO JOHNS OF IOW A, INC. FIN 954nG FN A 96/
ENGINEERS 501 S.W. ORALABOR ROAD DATE: 09-19-96
NYDER & ASSOCIATES PLANNERS ANKENY. IA 50021 (515) 964-2020 TECH: PJA
FILE,c:\d3yn\p�o\mist\platI4;
09,35
------- 9 �- 03682 (� DATE-19-N ov-96
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