HomeMy WebLinkAbout~Master - Utility - Friedrich & United Parcel - Lot 10, Friedrich's Commercial Addition IN�f.lMO. 02S44
. STORY COUNTY, IOWA
FILED FOR RECORD
f p AM 3Ep 30 1988 P'
AGREEMENT USAN S L.VANOE I(MAP,Recorder
Recording Fee$ 5.66
THIS IS AN AGREEMENT made by and between R. FRIEDRICH
AND SONS , INC. , UNITED PARCEL SERVICE, INC . , IOWA ELECTRIC
LIGHT AND POWER COMPANY and the CITY OF AMES , IOWA, upon the
following terms and conditions :
n
1 . DEFINITIONS . When used in this Agreement , unless
otherwise required by the context, the words set forth in
quotation marks in the following subparagraphs shall have the
meaning therein assigned to them as follows :
(a) "FRIEDRICH" means R. Friedrich and Sons , Inc. , an
Iowa corporation, doing business in Ames , Iowa.
(b) "UPS" means United Parcel Service , Inc. , an Ohio
corporation doing business in Ames , Iowa.
(c) "IOWA ELECTRIC" means Iowa Electric Light and Power
Company, an Iowa corporation doing business in Ames , Iowa.
(d) "CITY" means the City of Ames , Iowa , a municipal
DQ corporation.
(e) "REAL ESTATE" means real estate adjacent to East
4z) Lincoln Way, Ames , Iowa, which is legally described as fol-
lows :
The East 125 feet of the North 405 feet of the
i South 455 feet of the Southeast Quarter of the
Southeast Quarter of Section 2 , Township 83 North,
Range 24 West of the 5th P.M. , in the City of Ames ,
Story County , Iowa, (this includes the East 125
feet of Lot 10, Friedrich' s Commercial Addition and
excepts the South 50 feet of said Section 2 for
right-of-way of Lincoln Way) . See "Exhibit A" annexed hereto.
(f) "LOT 10" means real estate legally described as
follows :
Lot 10, Friedrich ' s Commercial Addition to Ames ,
Iowa.
(g) "CITY' S EASEMENTS" means easements for utility
purposes (described below) in favor of the City and over
portions of the Real Estate which easement areas are legally
described as follows :
( 1 ) General utility easement over the East 50 feet
of the Real Estate ;
(2) Well line easement 5 feet on either side of a
BOOK PAGE-AZ
line which is 25 feet North of the North line of
Lot 10;
(3) Sanitary sewer easement 10 feet on either side
of a line which is 10 feet North of the North line
of Lot 10 ;
(h) "IOWA ELECTRIC 'S CURRENT EASEMENT" means the ease-
ment for gas transmission line purposes in favor of Iowa
Electric and over a portion of the Real Estate, which ease-
ment area is legally described as follows :
5 feet on either side of the North line of Lot 10,
and the East 10 feet of Lot 10.
(i) "IOWA ELECTRIC 'S NEW EASEMENT" means the easement
for gas transmission line purposes in favor of Iowa Electric
and over a portion of the Real Estate, which easement area is
legally described as follows :
5 feet on either side of a line beginning at the
Northwest corner of Lot 10, thence running East 75
feet along the North line of Lot 10, thence running
North 50 feet on a line which is parallel to the
West line of Lot 10 extended , thence running East
120 feet on a line which is 50 feet North of the
North line of Lot 10, thence running South 50 feet
to a point on the North line of Lot 10 which is 5
feet West of the Northeast Corner of Lot 10, thence
continuing South on a line which is 5 feet West of
the East line of Lot 10 to the South boundary of
Lot 10.
(j ) "EXISTING UPS BUILDING" means the building leased by
UPS from Friedrich on the Real Estate which has approximately
6, 000 square feet of space. (Shown on the site plan drawn by
Engineering Plus of Ames , Iowa, and filed with the City of
Ames) .
(k) "EXISTING MOBILE DISTRIBUTION CENTER" means the
mobile building used by UPS as a distribution center which is
currently attached to the South side of the existing UPS
building. (Shown on the site plan drawn by Engineering Plus
of Ames , Iowa, and filed with the City of Ames) .
(1) "MOBILE DISTRIBUTION CENTER ADDITION" means the
mobile building that will be used by UPS as a distribution
center and which will be attached to the North side of the
existing UPS building . (Shown on the site plan drawn by
Engineering Plus of Ames , Iowa, and filed with the City of
Ames) .
Agreement BOOK-�a-- ----PAGE 2AW-
-2-
(m) "MOBILE OFFICE ADDITION" means the addition to the
existing building which will be constructed on the South side
of the existing building. (Shown on the site plan drawn by
Engineering Plus of Ames , Iowa, and filed with the City of
Ames) .
(n) "AGREEMENT" means this instrument in its entirety as
signed by the parties and any subsequent amendments thereto.
2. CIRCUMSTANCES AND PURPOSE. Friedrich is the owner
of the Real Estate . UPS is a tenant of the Real Estate .
Friedrich and UPS wish to install on the North side of the
existing UPS building the mobile distribution center addi-
tion. The existing mobile distribution center will be re-
moved.
The mobile distribution center addition will be situated
over parts of the City ' s easement areas . The City will
release any rights which it has for a general utility ease-
ment over the North 10 feet of Lot 10 . Iowa Electric ' s
current easment area will be released and redefined as de-
scribed in Iowa Electric 's new easement area. It will be
necessary to place underground certain overhead electrical
lines in the City' s easement area so that UPS vehicles can
maneuver in and around the mobile distribution center addi-
tion. The City agrees that it will permit the installation
of the mobile distribution center addition and the construc-
tion of the mobile office addition. UPS will pay all costs
incurred by Iowa Electric in relocating the high pressure gas
line in Iowa Electric 's new easement area.
3. GRANT OF EASEMENT. Friedrich grants to the City the
perpetual right to enter upon the City's easement areas for
the purposes of the easements and the perpetual right to
construct, reconstruct, cover over, clean up, operate, use,
maintain and repair its easements . Friedrich grants to Iowa
Electric the perpetual right to enter upon Iowa Electric' s
new easement area for the purposes of the easement and the
perpetual right to construct , reconstruct , cover over, clean
up , operate, use, maintain and repair its easement .
4. RELEASE OF EASEMENT . Iowa Electric releases all
easement rights to its current easement area insofar as those
rights are not identical to the rights in Iowa Electric 's new
easement area. The City releases any rights which it has for
a general utility easement over the North 10 feet of Lot 10,
and shall follow the statutory procedure set forth in Section
364.7 , Code of Iowa.
5. OBLIGATIONS OF FRIEDRICH AND UPS . UPS shall pay
all costs incurred by Iowa Electric in relocating the the gas
main to Iowa Electric ' s new easement area. UPS shall pay all
costs associated with the underground placement, within the
Agreement BOOK A71 -PAGE_4 L-
-3-
City' s easement areas , of the City ' s electrical lines which
run from a point approximately 40 feet North and 20 feet West
of the Northeast corner of Lot 10 to the Northwest corner of
Lot 10. Friedrich and UPS agree to hold the City harmless
from any and all liability resulting from or arising out of
the consent given by the City except as may be otherwise
stated in this Agreement .
6 . OBLIGATIONS OF THE CITY AND IOWA ELECTRIC . The City
shall issue the necessary permits to allow placement of the
mobile distribution center addition and the construction of
the mobile office addition on the South side of the existing
UPS building . The City consents to the placement of the
mobile distribution center addition as proposed on the Site
Plan filed with the City. The consent of the City is limited
to placement of the Mobile Distribution Center Addition as
shown on the Site Plan. The easement rights in this Agree-
ment are granted and shall be accepted and exercised by the
City and Iowa Electric subject to the following terms :
(a) The City and Iowa Electric shall assume responsibil-
ity for all damage caused by any negligent act or omission of
its agents or employees in the exercise of the rights granted
herein.
(b) The City and Iowa Electric shall restore to its
prior condition any ground or surface that is disturbed by
the exercise of the easement rights granted herein.
7 . GOVERNING LAW. This Agreement shall be governed
exclusively by and construed in accordance with the laws of
the State of Iowa.
8. SEVERABILITY. If any part of this Agreement shall
be adjudged invalid or unenforceable such adjudication shall
not affect the validity or enforceability of this Agreement
as a whole or any part thereof not adjudged invalid or unen-
forceable.
9 . MULTIPLE COPIES . This Agreement may be executed in
any number of counterparts , each of which shall be regarded
as an original and all of which shall constitute but one and
the same instrument.
IN WITNESS OF THIS AGREEMENT Friedrich, UPS , Iowa Elec-
tric, and the City have executed this instrument under date
of JEPr�/�/3�e -2-7 1988.
Agreement BOOK PAGE1` faL
-4-
R. FRIEDRICH AND SONS , INC. UNITED PARCEL SERVICE, ,,3�BY BY
CtC�•`"l,yr
- '�
BY:
ay
L
IOW ;;. LECTRIC LIGHT AND CITY OF AMES , IOWA
,COMPANY
a ® r
de F. PAUL G00
a+ SENIOR ICE PRESIDENT
-HNANCE AND SECRETARY
2�'�i;
�
L C.JURGENSEN r � SAT*METARY NRA/GY D14 Ali G1� 71 C� Y. CL�r,
STATE OF IOWA, COUNTY OF STORY, SS : '''rressa
On the day of 1988, before me , the
undersigned, a No I tary Public in and foraid state, person-
all appeared 'KQRE N T K E� �P_z0 andIs EIA14 Rb_k.
IF D , to me personally kno n, who, ein by me
my sworn, did say that they are the ESI h E/V
and 3F-C — T RF A '. , respectively, R. FRIEDRICH
AND SONS , INC . , executing the foregoing instrument ; that no
seal has been procured by the said corporation; that said
instrument was signed on behalf of said corporation by autho-
rity of its Board of Directors • and that the said jeORf-RT"
k - a I�_ and CIL14htF0 V.FR j F f)R IC. 4A as
such officers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it
and by them voluntarily executed.
2 r,)�'IV M_ ,el el-) S, 'Aln I/;Qj_�
otar Public in the State of Iowa
ruusNl�R
Aff CCOMAIISSION EXPIRES
APPROVED A3 TO FORM
By Agreement B�K PAGE..C:2L--
John R. Klaus -5-
City Attorney
STATE OF IOWA, COUNTY OF STORY, SS :
On the day of �e�(I, , 1988, before me, the
undersigned , a Notary Public in and for said state , person-
ally appeared F. Paul Goodland and NA/VGy bloAllrl to
me personally known, 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 thereto is the seal
of of said municipal corporation; that said instrument was
signed and sealed on behalf of the municipal corporation by
authority of its City Council, as contained in Resolution No.
adopted by the City Council on the a2 7"'-day of
, 1988, and that the said F. Paul Goodland and
/MAICv IA/OA/lr l as such Mayor and City Clerk acknow-
ledged the execution of said instrument to be the voluntary
act and deed of said municipal corporation, by it and,,b th, -
voluntarily executed. R :
Notary Pudic in tZe State of I&W&.-I00,
S/GL L.. /PPE2G�.2 Ceam�', �� ES 3�I7�9�
STATE OF IOWA, COUNTY OF „�,,� SS
On the ,26TX day of 1988, b�fore'.,m' e,
the undersigned , a Notary Public in and for said state ,
personally appeared 4:8.REHNSTROM and MLLUM C.JURGENSEN
, to me personally known, who, being by
me duly sworn, did say that they are the SENIOR VICE PRESIDW-FINANCE AND SECRETARY
and ASSl TMTSFtRMAY , respectively, of IOWA ELECTRIC
LIGHT AND POWER COMPANY executing the foregoing instrument ;
that (no seal has been procured by the said) (the seal af-
fixed thereto is the seal of said) corporation ; that said
instrument was signed (and sealed) on behalf of said corpora-
tion by authority of its Board of Directors ; and that the
said J.B.REMSTROM and IMLUAM C.JURGENSEN
as such officers acknowledged the execution of said instru-
ment to be the voluntary act and deed of said corporation, by
it and by them voluntarily executed .
r
o n
Notary Pubtic in the State of Iowa
4 Dam NWER NWILL
MY OOION EXPIRES
svwmtw a 1991
�f�j
Agreement BOOK PAGE
-6-
STATE OF 01110Vt {TI f Y ,
COUNTY OF 1,6 r t-f ' SS .
On the day of = , , jj ,- 1988 , before me,
It
the undersign9d , a Notary Public in and for sai state
personally arr peared <��x;t {., %r // r'!�. _�; /� ) >/�,and �
`��? _ - to me personally known, who, beingby
me dul s orn, did say that they are the ', �
and /'_Pi vram ele/ I(-,/(-t, , respectively, of UNITED PARCEL
SERVICE, INC. , executing/the foregoing instrument ; that
s the a` the seal affixed thereto
is the seal of saidt corporation ; that said instrument was
signed ';hand sealedg on behalf of said corporation by author-
ity of its Board of Directors ; and that the said / >,-;�' /1),
and �o�!n� �� t y U,)r f'I as such
officers ' acknowledged the execution of said instrument to be
the voluntary act and deed of said corporation, by it and by
them voluntarily executed.
�a.a�IlLlrrr,�
Notary Public in the State qk`'f ER
6-�N
RORERT 1. HEMI `-�`v
E
state of Connecticyt
Notary Public
Commision Expires. af.ch 1,1991 �*
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Agreement BOOK PAGE
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