HomeMy WebLinkAbout~Master - Electric Utility/Traffic Control - Metro Investments - Lincoln Way/Kellogg Ave. 04 - 0414 0
�• REfrURN TU INST.NO.0 4 - 0 414 1
STORY COUNTY,IOWA
AMES CITY CLERK 0 FILED FOR RECORD ik
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WA 50010 °FOAM APR 092004 -
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
EASEMENT
ELECTRIC UTILITY AND TRAFFIC CONTROL APPARATUS
The grantors, Metro Realty Investments LLC, an Iowa limited liability company, and Metro Realty
Investments, II, an Iowa limited liability company, (hereinafter collectively referred to as "Metro") for and in
consideration of$1 and the following covenants,hereby grants the following perpetual non-exclusive easement to the
City of Ames, Iowa(hereinafter referred to as"City").
For ingress and egress,and for the installation,maintenance and operation of electric utility and city traffic
control apparatus, related electric service conduits, and a neighborhood entryway feature on, over and under the
following described property:
(See attached plat and description.)
The easement is granted upon the following conditions:
1. The fixtures,facilities,lines,poles,and apparatus placed upon or attached to the above premises,by
the grantee shall remain the property of the grantee. The grantee shall have the right at its sole cost during the period
of the easement,to operate,maintain and reconstruct the same.
2. Upon completion of the improvements in connection with the signalization and the neighborhood
entryway feature,City shall immediately cause the Property that has been disturbed by the work described herein to be
returned to the condition that it was in prior to the initiation of said improvements including, but not limited to
appropriate seed and/or sod as the terrain of the Property requires in order to restore it to the condition it was prior to
said work and to prevent and eliminate any erosion or similar issues and to replace any damaged landscaping. In
addition thereto,City agrees to repair and replace,at its sole expense,any portion of the sidewalk removed,disturbed
and/or damaged, if any, by work conducted on the Property or by work in connection with the improvements
contemplated herein. City represents and warrants that during construction of the contemplated improvements
Metro's rights with respect to access to and from the Property shall not be denied. The driveway to Lincoln Way or to
Kellogg Avenue will be open at all times. The installation and construction of the contemplated improvements shall
be at the City's sole cost and expense and Metro shall incur no expense in connection therewith.
3. The neighborhood entryway feature to be installed by the City in the Easement Area shall be
constructed based upon the size and dimensions set forth in the renderings attached hereto as Exhibit`B"and"C",and
incorporated herein by this reference and shall be constructed from materials which are in substantial conformance
with the rendering set forth in Exhibit`B". The City shall be responsible,at its sole cost and expense,to maintain the
neighborhood entryway feature in a first class condition and Metro shall not be required to incur any cost or expense
in connection with the neighborhood entryway feature.
4. The City agrees that the Easement granted herein and that the construction of the contemplated
improvements shall not remove from use more than one parking space(leaving a minimum of six parking spaces on
the north side of property one of which is in the easement) and shall not include a right to disturb or damage the
parking lot situated upon the subject Property beyond the Easement,and does not include a right to utilize the parking
lot or any portion thereof. Any damage done to the parking lot caused by or in connection with an act or omission of
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City,its employees,contractors or agents in exercising its rights with respect to this Easement and/or the construction
of the improvements shall be immediately repaired by City,at its sole cost and expense,including,but limited to that
portion of the parking lot situated within the Easement Area and the storm sewer improvement.
5. City shall cause all work performed in connection with the improvements to be accomplished with
care and in a manner and time that will cause the least interference with the subject Property and access to and from
the Property and immediately after such work, shall cause the disturbed areas of the Property as well as adjacent
property thereto to be restored as nearly as possible to the condition existing prior to the entry by the City or its agents,
and shall remove from the easement areas and surrounding land,all debris and equipment resulting from or used in
connection with such improvements. The parties agree that Metro shall not be responsible for any expenses relating to
or resulting from the construction of the improvements it being the intent of this Easement that the city will be solely
responsible for all expenses related to the improvements and associated work.
In witness whereof,the grantor has caused the execution of this document on the gas day of
PACT-r,V , 20614 .
METRO REALTY INVESTMENTS,LLC METRO REALTY INVESTM LLC
Grantor Granto
�W STATE OF IOWA,S COUNTY,SS.
STATE OF IOWA, COUNTY ss: Ad
On this day of /o ,20�,before On this :Z4 day of rt.h ,20�° before
m a notary in and for the State of Iowa,personally appeared me, a notary ij and for the State of Iowa,personally appeared
" i1�J K� o me personally known,who being by me
ux ,to me personally known,who being by me
duly sworn or affirmed did say that that person is duly sworn o affirmed did say that that person is
_of said limited liability company and that said instrument was _of said limited liability company and that said instrument was
signed on behalf of the said limited liability`comp ny by authority signed on behalf of the said limited liabi ity company by authority
of its managers and the sai A -</ knowledged the of its managers and the sai AA E )acknowledged the
execution of said instrument to be the voluntary act and deed of execution of said instrument to be the 41untary act and deed of
said limited liability company by it voluntarily executed. said limited liability company by it voluntarily executed.
..
Notary Public in and for the State of Iowa 14odiry'Public in and for the State of Iowa
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ConarNssion Nwnber 727303 "~ '
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MORTGAGE SUBORDINATION
The mortgage to the First American Bank, dated December 18, 2002, and filed as Instrument No. 02-
20852, in the office of the Story County Recorder, is hereby subordinated to the foregoing described
electric utility, traffic control apparatus, and a neighborhood entryway feature easement in favor of the
City of Ames, Iowa.
FIRST AMERICAN BANK
By:
STATE OF I W„A,COUNTY 'OnFnSTORY,ss:
On this i+� day of 2004,before me,a Notary Public in and for Story County,Iowa,personally appeared
to me personally known, who being by me duly sworn, did say that he/she is President of said
corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been procured by the said corporation,and
that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said
acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it
voluntarily executed.
JMET K.OLSON .
Commission Number 175314 Not a y Public in and for Story County,Iowa
My Commission Expires
July 27,2006
P�2 3
---•M'ar . 4. 2004-12 : 12PM DAVID I HANSEN, PC No . 2683 P. 6
EXHIBIT A
TRAFFIC SIGNAL EASEMENT
OWNER: METRO REALTY INVESTMENTS LLC N
12035 UNIVERSITY AVE, SUITE 102
CLIVE. IA 50325-8244
LINCOLN WAY
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LOT 2 LOT 1 C
BLOCK 3 I BLOCK 3
302 LIN40LN WAY ^' a
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TRAFFIC SIGNAL EASEMENT
FROM: METRO REALTY INVESTMENTS LLC
THE NORTH 25.0 FEET OF THE EAST .20.0 FEET OF LOT 1. BLOCK 3. OF ISAAC BLACK'S ADDITION
TO THE CITY OF AMES. STORY COUNTY, IOWA.
CONTAINING 500 SQUARE FEET.
RECORDED:
INSTRUMENT NO.:
t,/ DATE:
oeQ � + 03/04/04 THU 11:10 [T%/R% NO 72201
TENANT CONSENT TO EASEMENT
For value received /jFA ?^t y l L e Z*2T- Sr, I�1 �¢ (name and address),its
successors and assigns, the tenant and lessee of property located at �Z -i�rc-d��l (,JN , Ames,
Iowa,does hereby subordinate its right,title,and interest as lessee and tenant in and to the land shown and
described on the acquisition plat attached hereto as Exhibit A in favor of an electric utility,traffic control
apparatus, related electric service conduits, and a neighborhood entryway feature easement to the City of
Ames, Iowa, on condition that there shall be a minimum of six parking spaces on the north side of the
property, one of which is in the easement area; and, any damage done to the parking lot caused by or in
connection with an act or omission of the City, its employees, contractors or agents in exercising its right
with respect to this Easement and/or the construction of the improvements shall be immediately repaired by
the City, at its sole cost and expense,including but not limited to that portion of the parking lot situated in
the Easement Area do the storm sewer improvements..
TENANT ,c`'i"?�,tlkCs Su PPL y, G L G
By
Manager
STATE OF IOWA, STORY COUNTY ss:
On this ,?5 day of M AIM 20 04, before me, a notary in and for the State of Iowa,
personally appeared ward C. i me , o me personally known,who being by me duly sworn or
affirmed did say that that person is Aa it-hee- of said limited liability company and that said
instrument was signed
r behalf of the said lithited liability company by authority of its managers and the
said Award C. A;e Wh l 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 and for the State of Iowa
Metro Realty Traffic Signal Easement,120503.wpd
VALERIE CADWELL
Corrr►ds M Number 708694
W Comndssion Expires
EXHIBIT B
Illustration of
proposed scale
of entryway feature.
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Concept Sketch for Neighborhood Entryway Feature at 302 Lincoln Way
Revised March 2, 2004 City of Ames, Iowa
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