HomeMy WebLinkAbout~Master - Utility - Eastwood Apartments - 420 East 7th Street ' 016T.NO. -
STORY COUNTY, 110 A 1
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hgwcd by:Sandra L.Ryan,Atma City Chsiy 515 Clark,Ames,IA 50010 Phone:315/239-5105
UTILITY EASEMENT AND FILL AGREEMENT FOR DISPOSAL OF
LIME SOFTENING RESIDUAL FROM WATER TREATMENT
THIS UTILITY EASEMENT and FILL AGREEMENT is made effective the a3 day of
1996 between the City of Ames, Iowa (City) and Eastwood Apartments,
a limited rtnership, (Landowners), their heirs, successors, and assigns, with respect to the east
210 feet of certain real estate described as:
beginning at a point 709 feet south of the northwest
corner of the NEYa of the SETA, Section 2, T83N,
R24W of the 5th pm, Ames, Story County, Iowa;
thence east 801.9 feet;thence south 216 feet; thence
west 796.1 feet to the west line of said NEYa SETA;
thence north 216 feet to the point of beginning,
locally known as 420 East 7th Street, Ames, Iowa.
The City operates a water utilityutilizing a water treatment eatment process that results in a need for
9
the City to dispose of quantities of lime softening residual.
Landowner desires that part of the above-described real estate be filled and desires to utilize
the aforesaid lime softening residual as a fill material so as to have the above-described land filled
under the general supervision of the city's engineers in accordance with the plan and procedure set
out in Appendix A attached hereto.
The City desires to construct a water main on the above-described real estate in order to
"loop" the existing water main on East 6th Street to enhance water delivery to said property.
Therefore, in consideration of the above and for the additional payment by City to landowner
of the sum of $13,500, receipt of which is hereby acknowledged, Landowners, their heirs,
successors, and assigns, hereby grant to City a perpetual easement on and over the above-
described real estate for the purpose of the city's construction, operation, and maintenance of a
water main; and deposit and disposal on said real estate of the lime softening residual material
produced by the city's water treatment processes, said deposit and disposal to be done in
accordance with the plan and procedure attached as Appendix A and by this reference incorporated
herein and made a part hereof.
CITY OF AMES, IOWA LANDOWNERS
Eastwood Apartments, a li ited partnership
By:
1*a'r t .Cu Is, Mayor
Attest by: B Y•
--, � G
t Sandra L. Ryan
t
APPROVED S
BY
John R. C a
City Attor ev
I t
STATE OF IOWA
ss
COUNTY OF STORY
On this -,:95�day of , 1916-, before me, a Notary Public in and for
the State of Iowa, personally app&hred 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�- 3 3� adopted by the City Council on the �-W/-
day of 199fer and that Larry R. Curtis and Sandra L. Ryan
acknowledged t1fe 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 an fo ( 3-/7-9 7
Story County, Iowa
JILL L. RIPPERGER
STATE OF IOWA Kr%,%•� �� ���' a{
COUNTY OF STORY ss:
On this (e ay of , 19 94 before me, the
undersigned, a Notary Public in aiCerfor thVState of Iowa, personally appeared F be,-A zy
a Zbn,4,4 VIA i�u+-ram-, to me personally known, who being by me duly sworn, did
say that the person is one of the partners of Eastwood Apartments, 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.
` AI HOWARD
W OOM
MY WMMISSION EXPIRES
Notary Publ' n and for
Story County, Iowa
14i teary A 140WAnd
law\easement.419
rev.5/24/96
q(d- Q 7687(A,
CITY OF AMES, IOWA
WATER AND POLLUTION CONTROL DEPARTMENT
Utility Easement and Fill Agreement for
Disposal of Lime Softening Residual from Water Treatment
APPENDIX A
420 EAST 7TH STREET
The easement area is the east 210 feet of the property known locally as 420 East 7th Street, Ames, Iowa
and is shown on the attached site plan 1 C.
A water main will be constructed approximately where shown on the attached site plan 1 C.
A temporary construction fence will be erected around the easement area. The area will be excavated
approximately to elevation 54 (10 feet below the existing ground level). The excavation will begin after
August 1, 1996.
The lime softening residual transfer operation will occur during the fall and winter.
The lime softening residual will be covered with ash from the Power Plant, then soil and topsoil (see attached
drawing 1 C).
The area will be seeded with a prairie grass/wildflower mixture following completion of the excavation and
backfill work.
At the completion of the project, the temporary construction fence will be removed and a permanent chain
link fence will be installed as noted on the attached drawing 1 C. The anticipated project completion date
is August 31, 1997.
The following are explicitly understood by all parties.
1. Existing brush and trees in the easement area will be cleared as part of this project.
2. The deposited lime softening residual may hinder growth of plants and trees in the easement area.
Landowner holds City harmless for loss or damage to plants and trees replanted in the easement
area.
3. Land owner will be responsible for any maintenance, upkeep, replacement (lawn mowing, etc.) in
the easement area after the project is completed.
4. Any future construction in the easement area by landowner shall take into consideration the altered
bearing capacity of the filled area and the location of the municipal water main.
5. All dates given are approximate only and may change due to weather, contractor scheduling, or
other unknown factors. Landowner will be regularly informed by city staff as to the timing of the
work.
6. The City shall relocate at its sole expense the sanitary sewer service line running eastward through
the designated excavation area. Following relocation, landowner shall be solely responsible for any
future expenses pertaining to the relocated sewer line, including maintenance, repair, or
replacement.
07/02/96
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