HomeMy WebLinkAboutA001 - Temporary Construction Easement i
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)
Return to Ames City Clerk,Box 811,Ames,Ia 50010
TEMPORARY CONSTRUCTION EASEMENT
BE IT KNOWN
1. That for and in consideration of One dollar($1.00)and other valuable consideration,
receipt and sufficiency of which is hereby acknowledged,Qwest Corporation, successor by merger
to Northwestern Bell Telephone Company,its successors and assigns,do hereby grant unto the City
of Ames,Iowa,subject to the conditions hereinafter contained,for a period beginning the date of this
instrument and ending on December 31,2004, an easement to encroach upon and use for purposes
pertaining to the State Avenue Widening Project, that land that is described as:
That part of Lots 10, 11,and 12,Block 1,Georg and Little's Subdivision of the West
Three-Fourths of the North Half of the Northwest Quarter of the Northwest Quarter
of Section 9,Township 83 North,Range 24 West of the 5"'P.M.,City of Ames,Story
County, Iowa, described as follows: Commencing at the Northwest Corner of said
Lot 12;thence S 89°29'21"E, 99.53 feet along the Northerly line of said Lot 12 and
along the Northerly line of said Lot 11 to the Point of Beginning; thence S
84'51'22"W, 54.37 feet to the beginning of a 42.00 foot radius, non-tangent curve,
concave Southerly; thence Westerly, 9.70 feet along said curve having a chord
bearing S 78°14'14"W, 9.68 feet; thence S 00'00'00"W, 11.99 feet; thence S
90°00'00"W, 18.18 feet to the beginning of a 42.00 foot radius,non-tangent curve,
concave Easterly; thence Southerly, 24.89 feet along said curve having a chord
bearing S 24°35'39"W,24.53 feet;thence N 89°40'53"W,2.02 feet to the beginning
of a 44.00 foot radius, non-tangent curve, concave Easterly; thence Southerly, 5.55
feet along said curve having a chord bearing S 03°40'05"W, 5.55 feet; thence S
00°0313"W,9.53 feet;thence S 07°36'10"E,37.53 feet;thence S 00'03'13"W,56.09
feet to a point on the Southerly line of said Lot 12; thence S 89°30'15"E, 50.00 feet
along said Southerly line; thence N 00'03'13"E, 30.00 feet; thence N 89'30'15"W,
19.90 feet;thence N 00°03'13"E,4.00 feet;thence N 89'30'15"W,27.60 feet;thence
N 00°03'13"E, 22.00 feet; thence N 72'30'03"E, 2.58 feet; thence N 07°36'10"W,
37.19 feet;thence N 01°20'00"E, 14.00 feet;thence N 56'09'51"E,59.81 feet;thence
N 84°51'22"E, 90.54 feet to a point on the Northerly line of said Lot 10; thence N
89°30'20"W, 15.31 feet along said Northerly line to the Northeast Corner of said Lot
11; thence N 89°29'21"W, 35.48 feet along said Northerly line to the Point of
Beginning; said temporary construction easement containing 2905 square,feet
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2. The City of Ames shall have the right to extend the term of this easement upon the
same terms as herein stated for an additional period of six months upon giving notice to Owners or
their successors, in writing,not later than ten days before the expiration of the present term.
3. The City of Ames shall cease its use and surrender possession of the land subject to
the easement upon expiration of the easement term and leave that land substantially the same as it
was on the date of this instrument as below stated.
4. Grantee shall be liable and responsible to Grantor for any liability,claims,damages,
costs or expenses that may arise or result from (i) the use of the Easement by Grantee, its agents,
employees, contractors, licensees and invitees; (ii) Grantee's interference with Grantor's use and
enjoyment of the Described Property, when such interference is inconsistent with the easement
granted hereby; (iii)any negligent or willful act or omission of Grantee,its employees or agents;or
(iv) failure to comply with the terms of this Agreement.
5. Grantee shall,at its sole cost and expense,maintain its improvements and equipment
constructed or installed in the Easement in good condition and repair.
6. In the event that Grantee shall abandon the rights granted to it under this Agreement,
all right,title and interest hereunder of Grantee shall cease and terminate,and Grantor shall hold the
Easement,as the same may then be,free from the rights of Grantee. Failure to use the Easement for
a period of one year or more shall constitute evidence of abandonment.
7. If, at any time, Grantee no longer requires the use of the Easement for the express
purposes provided for herein,Grantee hereby agrees to immediately release its right,title and interest
in the Easement by executing a release of easement,thereby fully terminating and extinguishing its
rights to the Easement.
The foregoing rights are granted upon the express condition that the City of Ames,Iowa shall
assume all liability for all damages to the above described property caused by the City's failure to
use due care in the exercise of the rights granted.
DATED this-?Q day of J uMe- , 2004.
wa5ki on>
QWEST CORPORATION, GRANTOR STATE OF I&W-A,=W COUNTY ss:
On this day of Sz,
2004, before me, a Notary Public in and for the State of
�t ipersonally appeared''11";i A M0140',"eg-,to
me personally known,who being by me duly sworn,did say
that that person is Lgj Kg&AA ( [said corporation,
that the seal affixed to said instrument is the seal of said
corporation, or no seal has been procured by the said
0%\11111111 !/// corporation,and that said instrument was signed and sealed
�� S Oql y���/��� directors on lf of said and the said
by autoh�ority of acknowledged
Cj
c��•'• '.. �� the execution of said instrumentt to be the voluntary[� q olun ary act and
J it .IARI . .deed of said corporation by it voluntarily executed.
*: 2005 �*
D Op Notary Public in and for the State of
QTgRY pV`' .�a e.�
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PREPARED BY: BRIAN 4. DIEHL, WHKS & CO, "1421 S. BELL. SUITE 103, AMES IA 50010 PHONE 515-663-9997
PERMANENT . EASEMENT FOR STREET PURPOSES
CITY OF AMES, STORY COUNTY, IOWA
NW CORNER NWI,q
SECTION 9-T83N-R24W
SET MAG NAIL
_ - - - S89.30'20"E 2671.05' L INCOLN WAY
------ -------------------------- -----------J\�==�
- r. NE CORNER NWI,q
N LY LINE LOT 12 N'LY LINE SECTION 9-T83N-R24W.
P.0 B. M N89.2921"W (134.8' ) LOT 11 N LY LINE M
NW COR. 7- S89029'21"E 135.01' LOT 10 ... FOUND PK NAIL .
LOT 12 % 99.53 P.O.B - _35.48N N89e30'20"W 15.31'
(28.7 ) -----------
// . G� 1 -••--^N84'S1'22'rE 40.$4r 1 -i-----
�� P ) •70 I- S8'51'2?'w NE CORI NW CDR (67.4' )
a. 00.0010o•w 4 37 LOT 11 j LOT 10 C-1
MI z 9.70' 11.9e' (67.4' ) 1 R= 42.00'
N1 z ' S90.001001w 1 I o= 13.14'16"
C-3 'V- N56.09 81i E i I L= 9.70�
T= 4.87
a , 5.55' 59.81' 1 CH.= 9:68'
C111
, 3 r.m N892.02' I 1 c CH. B.= S78e.14'14"W
o �NO1•20'00"E I ` O C� I J
e I O p 14.00' 1/ `.�
p S00.-53' ~W i A D o^` R= 42.00'
s.s3' 1 ``� A= 33.57'22"
w -N07.36'10~W ��OQ�j O ` ' j S 1 ) L= 24.89'
37.t 9' `` ` `� v 1 ) T= 12.82'
LLJ' � l�
.wz. p SO 37 653 "E CH.= 24.53.
Z J N o 1 1 10 CH. B.= S24e35'39"W
1 2 ,N72.3 58 t 1
W J o 1- p . 1
Qa-of z ;�-N00.03'13"E ,Z I I 1 C-3
22.00' Noo•03'13'E i R= 44.00'
FW-� �N89.-3D_'1PS".x1/ "4.00' I I n= 7e1345"
27.60 •N89.30'15"W I L= 5.55'
� (28.7' ) �, f4:46'W' 1 I T= 2.78'
� '-o (67.4' ) t t CH.= 5.55'
N I L TYI2INE o$ 5'LY LINE CH. B.= S03e40'05"W
c 1 LOT 11 1 S'LY LINE I
SW COR. 10
_0
6
so.00' =LJ_ (67.4' )_-
LOT 10
I LOT 12 ----- -- �I► ----
S89e30'15"E (202.2' ) ' FOUND
N89e30'15"W 202.19' 1 PIPE
WOOD STREET C1 NOTES
1 SW CORNER NWI-'4 N 1. This permanent easement for street
ISECTION 9-T83N-R24W
,�► FOUND I,2" IRON ROD purposes is located in the NWI/q
Section 9. T83N. R24W of the 5th P.M. .
LEGEND 0trr. 20 40 City of Ames, Story County, Iowa.
r i
Set 5/8' rebar with I " = 40' 2. The W' I y line of the NWI/4
L.S. Cap No. #13644. . .. . . . . . . . . . . . . . . . . . .0 is assumed to bear N00°00'00"E.
Set section corner as noted. . . . . . . . . . . . . . .A
Found 1/2' iron rod unless noted otherwi se. * 3. Total area permanent easement for
street purposes.:. .. . .. ..2084 sq.ft.
Found section corner as noted. . . .... . . .. . . .♦ Total area temporary
Record dimension.. . . . . . . . . . . . . . . . . . . . . . . . ( ) construct')on easement.....2905 sq.ft.
Temporary Construction Easement. . . . . . . . . ...... q, Permanent easement for street purposes
Permanent Easement .
for street purposes. ... . . . .. . . . . . . . . . . . ., part of tract described in Warranty
Deed tiled. February 26, 1964,
A Np '% February 24.1970, and April 24,1970
c�0_ ""'" •SG with Inst. No. 2254, 15. .and 2076
PROPRIETOR: �,: A respectively. It is also part of tract
NORTHWESTERN BELL = 2:' BR I AN J. : G = i n Quit Claim Deed filed,
TELEPHONE COMPANY = DIEHL < = February 26th. 1970 with Inst. No. 16 in
13644 o the Office of Story- County Recorder.
PROJECT:
STATE AVENUE WIDENING %fir '' t 1 hereby certify that this land surveying document
PARCEL NO. 2 ''��,� WIP \\ was prepared and the related survey work was performed
by me .or under my direct personal supervision ono that
I am a duly licensed Land Surveyor under the laws of
ltba State of Iowa.
HKS & CO. '
` Q-
Brian J. Diehl. P.L.S. Date
ENGINEERS-PLANNERS LAND SURVEYORS License number 13644.
1421 SOUTH BELL AVENUE. SUITE 103 AMES. tOwA 50010 My license renewal date is December 31 . 2005
515-663-9997 Sheets covered by this seal: 2
JOB NO. 6336
SHEET 1 of 2
DESCRIPTION OF PERMANENT EASEMENT FOR STREET PURPOSES
That part of Lots 11 and 12, Block 1, Georg and Little's Subdivision of the West Three-Fourths of
the North Half of the Northwest Quarter of the Northwest Quarter of Section 9. Township 83 North.
Range 24 West of the 5th P.M. , City of Ames, Story County, Iowa, described as follows:
Beginning at the Northwest Corner of said Lot 42; thence S 89, 29' 21" E, .99.53 -Feet along the
Northerly line of said Lot 12 and along the Northerly line of said Lot 11 ; thence S 840 51' 22" W,
54.37 feet to the beginning of a 42.00 foot radius, non-tangent curve, concave Southerly; thence
Westerly, 9.70 feet along said curve having a chord. bearing S 78' 14' 14" W. 9.68 feet; thence
S 000 00' 00" W, 11.99 feet; thence S 90, 00' 00" W, 18.18 feet to the beginning of a 42.00 foot
radius. non-tangent curve. concave.Easterly; thence Southerly. 24.89 feet along said curve.
having a chord bearing S 24° 35' 39" W, 24.53 feet; thence N 89" 40' 53" W, 2.02 feet to the
beginning of a 44.00 foot radius, non-tangent curve. concave Easterly; thence Southerly. 5.55
feet along said curve having a chord, bearing S 030 40' 05" W. 5.55 feet; thence S 00° 03' 13" W.
9.53, feet; thence S 07 36' 10" E. 37.53 feet; thence S 00' 03' 13" W, 56.09 feet to a point on
the Southerly line of said Lot 12; thence N 890 30' 15" W. 10.06 feet along said Southerly line
to the Southwest Corner of said Lot 12; thence N 009 00' 18" E. 156.28 feet along the Westerly
dine of said Lot 12 to the Point of Begi ming; said permanent easement for street purposes
containing 2084 square.feet.
DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT
That part of Lots 10, 11, and 12. Block 1 . Georg and Little's Subdivision of the West Three-
Fourths of the North Half of the Northwest Quarter of the Northwest Quarter of Section .9,
Township 83 North, Range 24 West of the 5th P.M., City of Ames. Story County. Iowa, described
as follows: Comnencing at the Northwest Corner of said Lot 12; thence S 890 29' 21"E,
99.53 feet along the Northerly line of said Lot 12 and along the Northerly line of said Lot 11
to the Point of Beginning; thence S 840 51' 22" W, 54.31 feet to the beginning of a 42.00 foot
radius. non-tangent curve. concave Southerly: thence Westerly. 9.70 feet along said curve
having a chord bearing S 780 14'. 14" W. 9.68.feet; thence S 00° DO' 00" W. 11.99 feet: thence
S 900 00' 00" W. 18.18 feet to.the beginning of a 42.00 foot radius, non-tangent curve, concave
Easterly; thence Southerly. 24.89 feet along said curve having a chord bearing S 24° 35' 39" W.
24.53 feet: thence N 891, 40' 53" W. 2.02 feet to the beginning of a 44.00 foot radius. non-
tangent curve. concave Easterly; thence Southerly. 5.55 feet along said curve having a chord
bearing S 03° 40' 05" W. 5.55 feet: thence S 00° 03' 13" W. 9.53 feet; thence S 070 36' 10" E.
37.53 feet; thence S 000 03' 13" W. 56.09 feet to a point o;i the Scutherl.y line of said Lot 12;
thence S 890 30' 15" E. 50.00 feet along said Southerlyoline; thence N 000 03' 13" E. 30.00 feet;
thence N 89" 30' 15" W. 19.90 feet; thence N 000 03' 13" E, 4.00 feet; thence N 89° 30' .15" W.
27.60 feet;thence N 000 03' 13" E. 22.00 feet; thence N 729 30' 03" E. 2.58 feet; thence'
N 07° 36' 10" W, 37.19 feet; thence N 01*20' 00" E, 14.00 feet;. thence N 56° 09' 51" E. 59.81
feet; thence N 84' 51' 22" E. 90.54 feet to a point on the Northerly line of said Lot 10; thence
N 89" 30' 20" W, 15.31 feet along said Northerly line to the Northeast Corner of said Lot 11:
thence N 89° 29' 21" W, 35.48 feet along said Northerly line to the Point of Beginning; said
temporary construction easement containing 2905 square feet.
PROPRIETOR:
NORTHWESTERN BELL
TELEPHONE COMPANY
PROJECT:
STATE AVENUE WIDENING
PARCEL NO. 2
1' HKS & CO.
ENGINEERS PLANNERS LAND SURVEYORS
1421 SOUTH BELL AVENUE, SUITE 103 AMES, iOWA S0O10
51"63-9997
JOB NO. 6336
SHEET 2 of 2