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HomeMy WebLinkAbout~Master - Alley - Pyle Office Park Partnership - Entrance to Pyle Office Park Y 02- 16849 INST.NO. SY COUNTY FIILLED OR REC�RD R A �-�.• ETIIitN TO: �� AMs CITY CLFRK AM OCT 2 8 200" o BOX 811 Q AMES IOWA 50010 SUSAN L.YANDE KAMP,Ae00rft$\A^_ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.HIaus,City of Ames Legal Deparhnent,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) ALLEY EASEMENT AGREEMENT THIS AGREEMENT,made and entered into effective the 2Zh A day of ®Co(Der ,20Q7i,by and between the CITY OF AMES,IOWA, its successors and assigns,herein called"Grantee",and PYLE OFFICE PARK PARTNERSHIP,its successors and assigns,herein after called"Grantor". WITNESSES THAT: 1. In consideration of the payment by Grantee of one dollar and other good and valuable consideration,receipt of which is hereby acknowledged,the Grantor does hereby grant and convey unto the Grantee the perpetual right and power to construct,locate,use,regulate,operate,maintain,reconstruct,repair, vacate and replace an alley and public way,including all appurtenances reasonably deemed by Grantee to be incidental to that alley,over and across a strip of land situated in Ames,Story County,as shown on the plat drawing attached as Exhibit A and legally described as follows: The west 12.0 feet of the east 26.5 feet,except the south 22.5 feet therein;and the north 14.5 feet of the south 37.0 feet of the east 26.5 feet,all in Sublot One(1),Swank's Subdivision of Lots Six(6)and Seven(7),in Block Twenty-five(25),College Park Addition First North,in the City of Ames, Story County, Iowa, hereinafter called the Easement Area. 2. PROHIBITION OF EGRESS. The Easement Area shall not be used as a means of egress from the site ofcommercial office buildings called the Pyle Office Park. Grantor shall erect signs directing that there shall be no egress from the said Office Park by means of the said alley. 3. OBSTRUCTIONS PROHIBITED. The Grantor,as the fee simple owner of the underlying real estate shall not erect or place within the Easement Area any building or other structure or improvement or any trees,shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. 4. CONSTRUCTION AND MAINTENANCE. The Grantor agrees to construct and maintain the said alley in accordance with the specifications,standards and direction of the Grantee,consistent with alley maintenance throughout the City. Maintenance shall include by way of specification,but not limitation,the repairing of cracks or holes,cleaning,removal of snow and ice,and reconstruction of the paved surface of the alley when directed by the Grantee. The timing of the construction of the alley, and the timing of reconstruction,and the timing of all other maintenance tasks shall be as directed by the Grantee. In the event that the Grantor shall fail to meet the construction specifications and directions of the Grantee, or fail to perform repair or maintenance tasks as directed by the Grantee,or fail to perform snow and ice removal as Page 1 of 4 directed by the Grantee,it is understood and agreed that the Grantee may,in its discretion,perform such tasks with respect to the Easement Area, and Grantor shall reimburse the Grantee for Grantee's cost pertaining thereto, within ten days of the Grantee's demand for reimbursement. Failure by Grantor to pay the said reimbursement shall give rise to a cause of civil action against the Grantor,its successors and assigns, and against the holders of legal and equitable title to the benefitted property described in paragraph 4 of this instrument. 5. INSURANCE. The Grantor shall maintain commercial general liability insurance in the amount of$1,000,000 on the Easement Area and shall provide a Certificate of Insurance to the Grantee annually. The Certificate of Insurance shall name the Grantee as an additional insured and shall further specify that it covers the Alley Easement Agreement. The amount of insurance coverage required by this paragraph shall be increased from time to time as directed by the Grantee based on the recommendation of the Grantee's risk manager. 6. EASEMENT APPURTENANT. The easement rights and obligations under this instrument shall be appurtenant to benefitted property described as follows: The north fifty(50)feet(except the west five feet thereof),of Lot Two(2),in Block Twenty- five(25),College Park Addition First North to Ames,Iowa,except beginning at a point on the east line of the north 50 feet of Lot 2 in Block 25,College Park Addition First North to Ames, Iowa, 27.5 feet north of the southeast corner thereof, thence north to the northeast corner of said Lot 2,thence west 2.25 feet,thence southeasterly to the point of beginning. (Office park) AND The east eight(8)feet of the west sixty-nine(69)feet of the south sixty(60)feet of Lot Two (2),Block Twenty-five(25),College Park Addition First North to Ames,Iowa,and the south ninety-three(93)feet of the north one hundred forty-three(143)feet of the east one hundred fifty-four(154)feet,except the east fifty-six(56)feet of the west sixty-one(61)feet of the south twenty-six(26)feet of the north ninety-three(93)feet of the south one hundred fifty- three(153)feet of Lot Two(2),Block Twenty-five(25),College Park Addition First North to Ames,Iowa, (Office park) AND The east ninety(90)feet of the south sixty(60)feet of Lot Two(2)in Block Twenty-five(25) in College Park Addition First North to Ames, Iowa, except that part of said Lot Two (2) described as: Beginning at the southeast(SE)corner of said Lot Two(2),thence west 15.0 feet along the south line of said Lot Two(2),thence northeasterly twenty-three and six-tenths (23.6)feet along a 15.0 foot radius curve,concave northwesterly,to a point on the east line of said Lot Two(2),and thence south along said east line to the point of beginning. (Office park) Page 2 of 4 AND Sublot 1 and Sublot 2 and the east ten feet of Sublot 3,Swanks Subdivision,Ames,Iowa,plus a 20 foot by 100.4 foot strip abutting on the east line of said Sublot 1. (Apartment building) This easement agreement shall run with all of the above described land. All of the easement's terms and conditions shall be binding on and inure to the benefit of the owners of said land and all the heirs,successors and assigns to said land or any part of said land. 7. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds the Easement Area and the land described in paragraph 4,by title in fee simple; that the Grantor has good and lawful authority to grant the easement rights herein provided for;and that the Easement Area,and the land described in paragraph 4, is free and clear of all liens and encumbrances. 8. INDEMNIFICATION. Grantor agrees to indemnify and hold Grantee harmless as to all loss, damage or expense sustained by Grantee and as to all liability of Grantee to third persons by reason of damage or injury to persons or property resulting from exercise of the rights granted by this Easement Agreement. 9. CONSTRUCTION. Words and phrases used in this instrument shall be construed as in the single or plural number,and as masculine,feminine or neuter gender,according to the context. This instrument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. Dated this 22�� day of CEO(�e r ,20©Z GRANTOR: PYLE OFFICE PARK PARTNERS YIP By: Dennis e,Partner STATE OF IOWA, STORY COUNTY ss: On this I?V day of Or-fobs l^ ,2061,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Dennis Pyle,to me personally known,who being by me duly swom,did say that the person is one of the partners of Pyle Office Park Partnership,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. ��X l- ___ Nq&y Public in and for the State of Iowa z` _:(DM1A1SSi0N r 7Y COMMISSION!XPIKES Page 3 of 4 s GRANTEE: CITY OF AMES A By: u Ted Tedesco,Mayor. ' B //((�J jO�JI // Diane R. Voss, City.Clerk ' STATE OF IOWA,STORY COUNT ss: `' On this Z- day of _,20('Z2 before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R.Voss,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 pf its City Council, as contained in Resolution No. - lri, ; adopted by the City Council on the Z�Y- day of (1 C Z I��'-N' ,20(.r7 and that Ted Tedesco and Diane R. Voss 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 and for Sltory�a Pyle-Alley Easement Agreement,101002.wpd wiOAL JILL L. RIPPERGER Rev.10-15-02 COMMISSION#146549 MY COMMISSION EXPIRES IOWA 1..� _A Page 4 of 4