The URL can be used to link to this page

Home My WebLink AboutA001 - Easement Agreement dated February 24, 2004 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) EASEMENT AGREEMENT THIS,AGREEMENT,made and entered into effective as of thecl 14 day of � 2004,by and between Erben Hunziker and Margaret Hunziker Apartments,L.L.C.,Grantors, and the City of Ames, Iowa, Grantee, WITNESSES : WHEREAS, Grantors are the holder of fee title to certain real estate described as: Lot 2, Gateway Hills Addition Plat A in the City of Ames, Story County, Iowa 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: I. 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 public improvements pertaining to Mortensen Parkway including a storm sewer. 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 reasonably satisfactory condition after this 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. Page 1 of 3 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 613.52 Code of Iowa, 2003. 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 structures on the easement area. 7. Temporary 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, but in any event, not later than the (3 5r day of Q C+V6CY' , 2004. 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. 10. Statement of Payment. Payment to Grantor by Grantee is: $ 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 the street grade or changes in or loss of vehicular access from Mortensen Parkway during the exercise of the temporary easement rights hereby granted. Page 2 of 3 IN WITNESS WHEREOF,the parties hereto have caused this instrument to be signed and sealed as of the date first above written. GRANTORS STATE OF IOW ,STORY UNTY ss: Erben Hunziker and Margaret Hunziker On this An day of 200,before Apartments .L.C. me, a not in and f�[�the State f Iowa, personally appeared,--��tcl� to me personally known, who being byLjne duly sworn or affirmed did say By: that that person is L�of said limited liability company and that said instrument was signed on behalf of the said limited liabilit company by authority of its managers and the said lc�f acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed*Notary Public in d for the State of Iowa E*10- REBECCA H.BARCLAY Commission Number 173182 My mission Expires —V'7—drl"Co GRANTEE STATE OF IOW STORY TY ss: CITY OF , IOWA On this ay of t ,20 p;before me,a �5 Notary Public in and for the State of Iowa, personally appeared Ted Tedesco and Diane R.Voss,to me personally By. known, and, who, being by me duly sworn, did say that Ted Tede o,Mayor they are the Mayor and City Clerk,respectively,of the City of Ames, Iowa; that the seal affixed to the foregoing J� instrument is the corporate seal of the corporation,and that Attest the instrument was signed and sealed on behalf of the Diane Voss,City Clerk corporation, by authorit} fits City Council, as contained in Resolution No. 0`+— 6 49 adopted by the City Council on the AV'�day of Y � 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 tory ,aunty,Iowa VOAL JILL L. RIPPERGER Erben and Margaret Hunziker Apartments-Easement Agreement-122403 0 COMMISSION#146549 MY COMMISSION EXPIRES town 3—t7 O Page 3 of 3 TEMPORARY CONSTRUCTION EASEMENT PLAT 0 CITY OF AMES , IOWA PUBLIC WORKS DEPARTMENT N DATE: OWNER : ERBEN & MARGARET HUNZIKER APARTMENTS LLC 105 S. 16TH STREET AMES. IA 50010 NO SCALE o \ � n LOT 2 \\ �f 'OJ TEMPORARY CONSTRUCTION EASEMENT FROM: ERBEN & MARGARET HUNZIKER APARTMENTS LLC THE NORTHEASTERLY 10 FEET OF LOT 2, GATEWAY HILLS ADDITION PLAT A, IN THE CITY OF AMES, STORY COUNTY, IOWA. CONTAINING APPROXIMATELY 5061.64 SQUARE FEET. RECORDED: INSTRUMENT NO. : DATE: 09-09-450-040 ...\Easements.dgn Dec. 18, 2003 13:35:23