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HomeMy WebLinkAboutA002 - Agreement dated April 22, 1997 .Y ` d warn.No. 7— 04907 JSTORY COUNTY,IOWA /r FILED FOR RECORD dg F a MAY 2 0 1997 Sl7 N��,ReoordK Aeoonikp Fee . Da Audws Fee$ ��RN YQ 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. day of Az,2 C , 1997,by and between John, James and Jerry Quam, Marilyn Trow, Grantors, and T E CITY OF AMES, IOWA, Grantee, WITNESSES: WHEREAS, Grantors are the holder of fee title to certain real estate described as: LOT 5 AND LOT 8, BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY 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:Va'\ ES\QUAM-LEAS 1 4/17/97 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. Tmporaa 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. 3Ygg=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:WP\AMES\QUAM-LEAS 2 Q h r 4/17/97 i, t t 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: U12raisal a. Permanent easement 25 sq. ft. $ 375.00 b. Temporary easement J.945 sq. ft. $ 100.00 Administrative a. Adding title documents to Grantors abstract $ 50.00 TOTAL $ 525.00 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. I:WP\AMEs\QUAM-LEAS 3� 4/17/971-7- U49U'� C 3� r IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANT RS GRANTEE BY Larry R. Cu ry s, Mayor Attest: BY Jill L. Rinperczerr, Debuty City Clerk P 1 a STATE OF IOWA, COUNTY OF STORY SS: N On this 26tj�­day of 1997, before me, a Notary Public in and for the Stite 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. 9? /S Y adopted by the City Council on the day of v.�� , 199LI 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. � r Notary Public in and for Story County, Iowa I:WP\AMESIQUAM-LEAS 4 4/17/97 EKW&TRUST ALL PURPOSE C RTIFICATE STATE OF CALIFORNIA SS. COUNTY OF aLb 1'kdr- 1^-O On 2Z before/me,the undersigned,a Notary Public in and for said State personally appeared .p"*e"tHg mvvm-M me(or proved to me on the basis of satisfactory evidence)to be the person(y(whose name(4is/afe subscribed to the within instrument and acknowledged to me that he/AeAhey executed the same in his/he"teir authorized capacity(4o4 and that by his/ her/thbir signature( on the instrument the person, or the entity upon behalf of which the persono acted,executed the instrument. W%TNSSmy Land and offic eal. c DIANA DAWSON COMM. #1079873 < NOTARY PUBLIC-CALIFORNIA N 8 SAN BERNARDiNO COUNTY w NO S SIGNATURE My Comm.Expires Dec. 10, 1999 THIS CERTIFICATE IS TO BE Title or Type of Document Y G e 4 .t-► ATTACHED TO THE DOCUMENT Number of Pages _ Date of Document y DESCRIBED BELOW: Signer(s)Other than Named Above: La Y�✓ Y� YY -1y'."I r'ti,' v) 3771 4196 (50) C J— 04907 \�� Q r EXHIBIT "A " AC0UISITION PLAT PARCEL DESCRIPTIONS: (SEE SHEET 2) Duff Avenue Parcel 3A -2970 S.F. Parcel 3B �n Parcel 3B -25 SF. 5'x5'Permanent Easement l32'R 25' Parcel 3A Tempore y Constructlon Easement LOT OT �111L LOT LOT OT Alley LOT !� !'O T i LOT C M LOT R66R !32'R £xoJfnp Pr _ & Z Section Corner A Iron Monument O ROW Morker FI 0 0 l,GIV Ru/l � 4� Pl,PC.Pr.PDT.POST o GS ©each Mork m Platted Distance p Measured Bearing & Distance N Reoorded As R SCALE Deed Distance p Calculated Distance C Centlon u -- REVISIONS Section Line 1Section tine _ % Section Line — _ _ _ ` 1I-I9-96 Fasement Line DUFF AVENUE WIDENING - AMES, IOW A SHEET I OF 2 ffPARCEL 3 - JOHN, JAMES AND JERRY OUAM, MARILYN . TROW PN 95477G FNA-950 NYDER & ASSOCIATES PLANNERS ENGINEERS ANKENY. JAR500 1 (515) 964-2020 TECH: 0PA96 04907 FILE,a\dg Aa\miec\pW07.dgn DATE:19-NNov-96 09�12 . 0 EXHIBIT "A " TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 3A: THE WEST 35 FEET OF LOT 8 AND THE WEST 10 FEET OF LOT 5, ALL IN BLOCK 1 OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES, STORY COUNTY, IOWA, CONTAINING 2970 SOUARE FEET, MORE OR LESS. PERMANENT EASEMENT DESCRIPTION 3B: THE SOUTH 5 FEET OF THE NORTH 15 FEET OF THE WEST 5 FEET OF LOT 5. BLOCK 1 . OF KINGSBURY'S FIRST ADDITION TO THE CITY OF AMES, STORY COUNTY. IOWA. CONTAINING 25 SOUARE FEET. MORE OR LESS. DUFF AVENUE WIDENING - AMES, I QW A SHEET 2 OF 2 PARCEL 3 - JOHN, JAMES AND JERRY OUAM, MARI LYN . T ROW PN 95477G FN A-950 S N Y D E R 8 ASSOCIATES ENGINEERS 501 S.W. ORALABOR ROAD DATE: 08-01-96 PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: PJA 7r U490'7 - � -�) DATE, 19-gn\p a\miecflat03.dgn FILE- Adan a 09�\