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Home My WebLink AboutA005 - Agreement dated May 9, 1997 04913 MT.NO. -7- / STORY COUNTY, IOW ,y F1LEp FOR RECORD Wr MAY 2 01997 PM12 J"MLVJMVM&44� F9s:-1L-M= DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER RMRN TO. 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—CL day of 1997,by and between JOHN,JAMES AND JERRY QUAM,AND MARILYN TROW, Grantors,and THE CITY OF AMES,IOWA,Grantee; WITNESSES: WHEREAS,Grantors are the holder of fee title to certain real estate described as: LOT 5 AND LOT 9,BLOCK 1 OF KINGSBURY'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. 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 - 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. 1 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. Tempqrajy 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. Wamanly 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. q U4913 (Z� I:WPWMES\QUAM-LEAS 2 1�-� 4/17/97 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: A1212raisal a. Permanent easement 25 sq. ft. $ 375.00 b. Temporary easement 2.945 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:WPWMES\QUAM-LEAS 3 `�"7- 04913 (3 4/17/97 IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. 'rr r. GRANTORS G EE BY Mar ' y n T r o w Larry R. urtis, Mayor .-- Attest: BY d w Jill L. Ripperger , 1601 pity Clerk STATE OF IOWA, COUNTY OF STORY, SS: On this !Ej+ day of N��1 , 1997, before me, a Notary Public in and for Story County, personally appeared and , 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. r �tcoN ew Notary Public in and for Story County, Iowa C- 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. JOHN R KL"'~' N ry Public i and for ' MYcotmt`ISSION UP s'� , Story County, Iowa I:WP\AMES\QUAM-1.EAS 4 4/17/97 91L 04Q13 CN) i F+ EXHIBIT "A " ACQUISITION PLAT PARCEL DESCRIPTIONS: (SEE SHEET 2) Duff Avenue Parcel 3A -2970 SF. Parcel 3B Parcel 38 -25 SF. Fx5'Permanent Easement l32'R a ia LO 25' Parcel 3A Temporary Constructlon /OF 7 Easement LOT rz LOT J j Or 0 or 3 Alley Q: I n LOT l� r.. !Or i LOT CS � LOT E M M 66 R 66'R 132 R LEGEND Exiafinp Pd .Z section corner ♦ 0 Iron Mawalent • 0 0 30 ROW Marker ■ O ROW Raft S3 I - PI,PC.PT,POT,POST 0 Bench Mark It Plotted Distance P Measured BearY q&Distance M SCALE Reoorded As R Doed astonce 0 Calculated ilne Distance c _ REVISIONS Section tine Section One _ — --- 11-19-96 section One Easement One —— ———— DUFF AVENUE WIDENING - AMES, IOW A SHEET I OF 2 PARCEL 3 7 JOHN, JAMES AND JERRY QUAM, MARILYN . TROW PN 95477G FN A-950 ENGINEERS $01 S.W. ORALABOR ROAD DATE: 09-19-96 El SNYDER & ASSOCIATES PLANNERS ANKENY, ]A 50021 (515) 964-2020 TECH: P✓A '�77— 04913 (S) ari`w°e :Pds°oai�aroa.ay EXHIBIT "A " TEMPORARY CONSTRUCTION EASEMENT DESCRIPTION 3A: THE WEST 35 FEET OF LOT 8 AND THE WEST 10 FEET OF LOT 5. ALL 1N 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, IOWA SHEET 2 2 PARCEL 3 - JOHN, JMMES AND JERRY QUAY, MARILYN .TROW PN95477GFNA950 ENGINEERS 501 S.W. ORALABOR ROAD DATE: 08-01-96 �_ 04913 C�O� S N Y D E R & ASSOCIATES PLANNERS ANKENY. IA 50021 (515) 964-2020 TECH: PJA �0.E•e\dgn\p�.\ml.c\VyWOldgn OAtE•IY-Nov-C6 09tt