HomeMy WebLinkAbout~Master - Utility - Wescoat - 441 E. 6th Street mT.rvo.Qw— 07686
STORY COUNTY, IOWA r) m r
FILED FOR RECORD Ql'�
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Prepared by:Sandra L.Ryan,Annie City Clerk,515 Clark,Ames,IA 50010 Phan:515/239-5105
UTILITY EASEMENT AND FILL AGREEMENT FOR DISPOSAL OF
LIME SOFTENING RESIDUAL FROM WATER TREATMENT
HIS UTILITY EASEMENT and FILL AGREEMENT is made effective the �_ day of
1996 between the City of Ames, Iowa (City) and Wendell M. Wescoat and
Beulah . Wescoat, husband and wife, (Landowners), their heirs, successors, and assigns, with
respect to certain real estate described as:
the south 10 feet and east 210 feet of Lot A,
Lew Cole's Subdivision, Ames, Story County, Iowa
locally known as 441 East 6th Street, Ames, Iowa.
The City operates a water utility utilizing a water treatment process that results in a need for
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„Or,AU1E IOW A LANDOWNERS
By:
ap�r ,R; Ourti s M y r Wendell M. Wescoat
` test by
y:
' "-Sandra L. Ryan Beulah M. Wescoat
APPROVED AS TO FU-j',!
BY --�....._
John R. Kiaus
City Attornev
STATE OF IOWA
- _
COUNTY OF STORY ss:
On this day of 19 , before me, a Notary Public in and for
the State of Iowa, personally appe red Larry R. Curtis and Sandra L. Ryan, to me
personally known, and, who, being by me du sworn, did say that they are the Mayor
and Ci lyty 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 a
contained in Resolution No. -- 339 adopted by the City Council on the 2�
day of , 19 , and that Larry R. Curtis and Sandra L. Ryan
acknowledged he 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 or
Story County Iowa
gt"
JILL L. RIPPERGER fx^
STATE OF IOWA
ss:
COUNTY OF STORY
On this _ day of v� , 1996, before me, a Notary Public in and for
Story County, personally appe red Wendell M. Wescoat and Beulah M. Wescoat,
husband and wife, to me known to be the persons named in and who executed the
foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
ROANDEAN HESSLERI 91k A A 00 4
MY I ION EXPIRES
ors _ Notary Publiq in and for
Story County, Iowa
law\Easemen t.419
rev.5/24/96
!�r owsrs C�)
CITY OF AMES, IOWA
WATER AND POLLUTION CONTROL DEPARTMENT
Utility Easement and Fill Agreement for
Disposal of Lime Softenina Residual from Water Treatment
APPENDIX A
441 EAST 6TH STREET
The easement area is the south 10 feet and east 210 feet of the property known locally as 441 East 6th
Street, Ames, Iowa and is shown on the attached site plan 1 B.
A water main will be constructed approximately where shown on the attached site plant 1 B.
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 B).
The area will be seeded 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 B. 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. In order to eliminate any conflicts with the on-site septic tank system, landowner shall replace said
system with a septic sump pump system discharging sanitary wastewater into the municipal sanitary
sewer system. The City shall reimburse landowner for said septic sump pump system to the amount
of the installation cost estimate based on the lowest bid or quote from among at least three
07/02/96
Q�� 07686 �3)
contractors or plumbers. Following installation of that system, landowner shall be responsible for
all expenses, including maintenance and repairs.
07/02/96
q�� 076196 (4)
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