HomeMy WebLinkAboutA002 - Agreement dated May 6, 1997 4
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STORY COUNTY, IOWA
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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 to day of ,
1997,by and between JOHN,JAMES AND JERRY QUAM,AND MARILYN TROW, Grantors,fAd THE
CITY OF AMES,IOWA,Grantee;
WITNESSES:
WHEREAS,Grantors are the holder of fee title to certain real estate described as:
LOTS 1,2 AND 3,BLOCK 5 OF 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. TemnoL4U 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 - South Duff 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.
1
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. Tempomly 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. WarraM 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. Monitorinp- 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\AWS\SNMER-1.EAS 2 4/17/97
q-7- 0490s W
11. Statement of Payment. Payment to Grantor by Grantee is:
Appraisal
a. Permanent easement 371 sq. ft. $ 5565.00
b. Temporary easement 2.509 sq. ft. $ 100.00
C. Improvements $ 928.00
d. Restripe Parking $ 650.00
Administrative
a. Adding title documents
to Grantors abstract $ 50.00
TOTAL $ 7,293.00
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.
IMPkAWS\SNYDER-LEAS 3 4/17/97
9 7- 04908 (3)
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and
sealed as of the date first above written.
GRANT R GRANTEE
BY r
Larry Curtis, Mayor : ( w �r
Attest:,
Jill L. Ripperq&r' p6put, °° ty Clerk
STATE OE40WA, COUNTY Off SS:
this �'� day o, RX-1141 , 1997, before me, a Notary Public in and
1qgWforte County, personally appeared A and`rA'-/ ` k j 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.
otary Public in and for..Stor9 County,
w$An
«#moo
STATE OF IOWA, COUNTY OF STORY, SS:
On this 20th day of May, 1997, before me, a Notary Public in and for the State of
Iowa, personally appeared Larry R. Curtis and Jill L. Ripperger, to me personally
known, and, who, being by me duly sworn, did say that they are the Mayor and
Deputy 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. 97-154 adopted by the City Council on the 8th day of April,
1997, and that Larry R. Curtis and Jill L. Ripperger 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 aAd for
Story County, Iowa
I:WP\AWS\SNYDER-1.EAS 4 C) 7_ 04908 4/17/97
EXHIBIT "At,
ACQUISITION PLAT -
PARCEL DESCRIPTIONS: (SEE SHEET 2)
�— J92'R
60'R 66'R 66'R F
Parcel!3A 2880SF.
Parcel 138 297SF. f}
Parcel 13C -49SF.
Parcel 13D -25SF.
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Parcel 1,38
P0rcell3A Permanent
Parcel 0C Temporary Costructlon Easement
7'x7'Permanent
Easement
Easement Parcel 130
5'x5'Permanent
Easement
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� Section line — -- --.—
% section One -- -- -- -- -_-- 11-19-96
EosonWnt One
DUFF AVENUE WIDENING - AME S, I CW�A SKEET / OF z
PARCEL 13 - JOHN, JAMES AND JERRY QUAM, MARILYN 1 LYN T ROW PN 95477r F N A 960
11 SNYDER ASSOCIATES ENGINEERS 501 S.W. ORALADOR ROAD OATS: 09.1996 —7— v 490s CS\
PLANNERS ANKENY, 1A 50021 (515) 9G4-2020 TECH: I'JA i! JJ
DAM 9 nip �,d.c� utls:egn
IE.19•Nov96 0911
' EXFl I B I T "A "
TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 13A:
THE EAST 15 FEET OF LOTS 1 , 2. AND 3. BLOCK 5 OF BLACK'S ADDITION TO
THE CITY OF AMES, STORY COUNTY, IOWA. AND CONTAINING 2880 SQUARE
FEET. MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION 1313:
A PART OF LOTS 1 AND 2. BLOCK 5. BLACK'S ADDITION TO THE CITY OF AMES,
STORY COUNTY. IOWA BEING DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 1 : THENCE SOUTH ALONG
THE EAST LINE OF SAID LOTS 1 AND 2 TO THE SOUTHEAST CORNER OF SAID LOT
2: THENCE NORTHWESTERLY TO A POINT ON THE SOUTH LINE OF SAID LOT 1 .
SAID POINT BEING 3 FEET WEST OF THE SOUTHEAST CORNER OF SAID LOT 1 :
THENCE NORTH ALONG A LINE BEING 3 FEET WEST OF AND PARALLEL WITH THE
EAST LINE OF SAID LOT 1 TO A POINT ON THE NORTH LINE OF SAID LOT 1 :
THENCE EAST 3 FEET TO THE POINT OF BEGINNING AND CONTAINING 297 SQUARE
FEET MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION 13C:
THE SOUT14 7 FEET OF THE EAST 7 FEET OF LOT 3. BLOCK 5 OF BLACK'S
ADDITION TO T14E CITY OF AMES. STORY COUNTY, IOWA. AND CONTAINING
49 SQUARE FEET. MORE OR LESS.
PERMANENT EASEMENT DESCRIPTION 131):
THE WEST 5 FEET OF THE EAST 8 FEET OF THE SOUTH 5 FEET OF THE NORTH
32 FEET OF LOT 1 . BLOCK 5 OF BLACK'S ADDITION TO THE CITY OF AMES.
STORY COUNTY. IOWA, AND CONTAINING 25 SQUARE FEET. MORE OR LESS.
DUFF AVENUE WIDENING - AMES, IOWA SHEET 2 OF 2
PARCEL 13 - JOHN, JAMES AND JERKY QUAM, MARILYN T ROW PN 954776 FN A 960
El SNYDER & ASSOCIATES ENGINEERS 501 S.W. A 50021 5ROAD15) OATH: OOOA 9-7_ "4908 (6)
PLANNERS nNKENY. In 50021 t515) 964-2020 TECH: PJh Ll
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