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HomeMy WebLinkAbout~Master - Pedestrian Easement and Temporary Construction Easement Instrurent:2011- 00007669 MM Date:Au 11►2011 01:05:25P 1.00 D Rec Fee: 60.00 E-Goa Fee: .00 G Aud Fee: .00 Trans Tax: R Rec Management Fee: 1.00 Nan-Standard Pose Fee: .00 Filed Susan oL.r ecord in o Vande KaearCounts Recorder PUBLIC USE AND TEMPORARY CONSTRUCTION EASEMENT Recorders Cover Sheet Preparer Information: Robb Groetzinger 160 Inverness Drive W. Ste.,400 Englewood, CO 80112-5005 Ph. 303-220-6549 Taxpayer Information: United States Postal Service 7500 E. 53rd Place, Room 1104 Denver, CO 80226 Return Document to: Ames City Clerk ��Jl 515 Clark Avenue / P. O. Box 811 Ames, Iowa 50010 Grantor: United States Postal Service Grantee: City of Ames, Iowa Legal Description: SEE LEGAL DESCRIPTION ON PAGES 2 & 3 Document or instrument number if applicable: Please return to: 2010-2011 Downtown Street Ames, Iowa A yes ! . cte-`— City of Ames 515 Clark Avenue Ames, Iowa 50010 PUBLIC USE AND TEMPORARY CONSTRUCTION EASEMENT THIS PERMANENT NON EXCLUSIVE PUBLIC USE EASEMENT TEMPORARY CONSTRUCTION EASEM NT, together referred to as (the Easement" is dated as of Alp of , 2011, by and between the United States Postal Service, an independ nt establishment of the Executive Branch of the United States Government (39 U.S.C. § 201), whose mailing address is 7500 E. 53rd Place Room 1104, Denver, CO 80226 ("Grantor or Owner"), and The City of AMES, an Iowa municipality whose address is 515 Clark Avenue, Ames, Iowa, 50010, ("Grantee or Municipality"). RECITALS A. Grantor is the sole fee simple owner of certain real property (the "Grantor's Parcel") commonly known as the Ames, Iowa Main Office and legally described in Exhibit A attached hereto and incorporated herein. B. Grantee desires to enter Grantor's parcel to reconfigure street parking and perform sidewalk construction for certain improvements and other construction work relating to an improvements project. Grantee has requested the Owner to provide a permanent easement for the purpose of allowing pedestrians to utilize the walkway along the Post Office frontage. C. The portion of Grantor's Parcel that are the subject of this Easement ("Easement Areas") is legally described in Exhibit B — Parcel 1 and Exhibit B — Parcel 2 to be on file in the office of the Ames District Recorder, A, State of Iowa, said portion being more particularly described as follows: Exhibit B — Parcel 1 A PART OF LOTS 1, 2 AND 3, OF BLOCK 9, IN THE ORIGINAL TOWN OF AMES IOWA, AN OFFICIAL PLAT IN THE CITY OF AMES, STORY COUNTY, IOWA 'AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: Public Use Easement Proj.#2011 Downtown Street improvements Pagel-" :, COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 1°01'29" EAST ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 22.89 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 1001'29" EAST ALONG THE EAST LINES OF SAID LOTS 1, 2 AND 3, A DISTANCE OF 127.52 FEET; THENCE NORTH 46°01'29" WEST, 6.36 FEET; THENCE NORTH 1°01'29" WEST, 118.52 FEET; THENCE NORTH 43058'31" EAST, 6.36 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.01 ACRES (554 SQUARE FEET). Exhibit B — Parcel 2 THE EAST 20 FEET OF LOTS 1, 2 AND 3, IN BLOCK 9, IN THE ORIGINAL TOWN OF AMES, STORY COUNTY, IOWA; EXCEPT THE SOUTH 12 FEET OF SAID LOT 3. See Exhibit B — Easement Plat which is attached hereto and incorporated herein. Parcel 1 is the permanent easement and parcel 2 is the temporary construction easement D. Grantor and Grantee desire to set forth below their respective rights and obligations for an Easement on Grantor's Parcel. AGREEMENTS For the mutual benefit of both parties, and the mutual agreements that follow, Grantor and Grantee agree as follows: 1. Grantor hereby grants and conveys to Grantee, its successors, and assigns, a perpetual non exclusive public use Easement over, under, along, across, and through the Easement Area, for the purpose of use as a public walkway, with the right to license, permit or otherwise agree to the exercise of these rights by any other person, or entity. . 2. The Grantor also Grants to Grantee, its successors and assigns a temporary construction easement over and across the property described as Parcel 2 on Exhibit C attached hereto by this reference made a part hereof for completion of sidewalk construction and a reconfiguration of the street parking that accommodates diagonal parking which includes but is not limited to: (i)scaffolding, (ii)replace/repair the sidewalk surface (iii) storing and operating equipment thereon, (iv) storing supplies and materials in connection with construction of the Project, and (v) other related uses and purposes as defined Public Use Easement Proj.#2011 Downtown Street improvements Page$vf& 3 herein. It is also agreed that the temporary easement rights herein granted shall terminate one (1) year from the date hereof or upon completion of the above mentioned construction project, whichever is sooner. 3. Construction on USPS Property. Grantor will perform construction for the USPS in accordance with the attached drawing that All improvements are the property of the USPS. 4. Grantor further conveys to Grantee with the Easement the right of ingress and egress to and from the Easement Area during construction. Grantee shall restore for Grantor any damage to the Property caused by the exercise of such right of access by Grantee. 5. Grantee shall provide Grantor with a copy of the insurance policy of the independent contractors performing work for the Grantee demonstrating adequate insurance for personal injury and property damage that may occur on Owner's premises with the Grantee and Grantor named as an additional insured. 6. The Parties agree that Grantee, its successors and assigns shall be responsible for maintenance and repair of the Easement Areas and any and all costs related thereto. Such maintenance and repairs shall include but are not limited to repair, grading, paving and removal of all trash and debris caused by Grantee's exercise of its rights under this Easement. . 7. The Parties agree that the Grantee shall not use the Easement in a manner that unreasonably interferes with use by the Postal Service. 8. The Grantee, by acceptance of this Easement, agrees for and on behalf of itself, its agents, servants, employees, invitees, and contractors who may at anytime use, occupy, visit, or maintain said Easement herein created that the Grantor, its successors and assigns, shall not be responsible for damage or loss to property, injuries, or death which may arise from or be incident to the use and occupation of the Easement as granted herein to Grantee, its agents, servants, employees, invitees, and contractors. 9. The Grantee, by acceptance of this Easement, agrees to defend, indemnify and hold the Grantor, its successors, and assigns harmless against any and all claims, demands, damages, costs, expenses, and legal fees for any loss, injury, death, or damage to persons or property which at any time is suffered or sustained by Grantor, its employees, the public, or by any person whosoever may at any time be using, occupying, visiting, or maintaining the property that is the subject of said Easement, or be on or about the property that is the subject of said Easement, when such loss, injury, death, or damage is Public Use Easement Proj.#2011 Downtown Street improvements Page 0 ef6 asserted to have been caused by any negligent act or omission or intentional misconduct of the Grantee or its agents, servants, employees, invitees, or contractors. In case of any action or proceeding brought against the Grantor, by reason of such a claim, upon notice from the Grantor, Grantee covenants to defend such action or proceeding. The Grantor shall not be liable and the Grantee waives and releases the Grantor from all claims for damage to persons or property sustained by the Grantee or its employees, agents, servants, invitees, contractors, or customers resulting by reason of the use of the Easement. 10. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. Grantee agrees throughout the duration of this Easement to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access to the Postal Facility. In the event Grantee fails to provide continual and uninterrupted access to the Postal Facility, the Grantor has the option of terminating this Easement by providing written notice to the Grantee that the Easement is terminated at no cost to the Grantor. Upon receipt of said notice, Grantee has two (2) business days to remedy the situation. In the event Grantee fails to provide access to the Postal Facility within the 2 days, said notice of termination shall become final and the Easement is terminated. Upon termination of the Easement, Grantee shall restore any affected portion of the property as good or better condition that it existed prior to Grantee's access. 11. APPLICABLE LAWS. Any claim, controversy or dispute arising out of this Agreement and the construction of the Project shall be governed in accordance with the Contract Disputes Act, 42 U.S.0 § 601 et seq. and applicable federal law. 12. The Grantor does not warranty that the Easement areas are suitable for the purpose of installation of said public walkway. 13. Notices shall be in writing to the following addresses: Public Use Easement Proj.#2011 Downtown Street improvements Page-*i" 10. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted. Grantee agrees throughout the duration of this Easement to provide the Grantor, its employees, customers, and the public with continual and uninterrupted access to the Postal Facility. In the event Grantee fails to provide continual and uninterrupted access to the Postal Facility, the Grantor has the option of terminating this Easement by providing written notice to the Grantee that the Easement is terminated-at no cost to the Grantor. Upon receipt of said notice, Grantee has two (2) business days to remedy the situation. In the event Grantee fails to provide access to the Postal Facility within the 2 days, said notice of termination shall become final and the Easement is terminated. Upon termination of the Easement, Grantee shall restore any affected portion of the property as good or better condition that it existed prior to Grantee's access. 11. APPLICABLE LAWS. Any claim, controversy or dispute arising out of this Agreement and the construction of the Project shall be governed in accordance with the Contract Disputes Act, 42 U.S.0 § 601 et seq. and applicable federal law. 12. The Grantor does not warranty that the Easement areas are suitable for the purpose of installation of said public walkway. 13. Notices shall be in writing to the following addresses: Public Use Easement Proj.#2011 Downtown Street improvements Page 4 of 0 GRANTOR Contracting Officer United States Postal Service Western Facilities Service Office 7500 East 53rd Place RM 1108 Denver,CO 80266-9918 GRANTEE City of Ames 515 Clark Avenue Ames, Iowa 50010 IN WITNESS WHEREOF, the parties hereto have executed this Easement of the day and year first above written. Grantor: United States Postal Servi e By PA17)A Contracting Officer STATE OF ) ) ss COUNTY OF On this day of k3icm , 2011, personal ly,appeared before,me �-, -Nnontracting Officer who being by me duly sworn, did say that he/she repre a ited States Postal Service, and acknowledged to me that, acting under a delegation of authority duly given and evidenced by law and presently in effect, he/she executed said instrument as the act and deed of the United States Postal Service ses therein mentioned. CYNTHIA J.ORTIZ NOTARY PUBLIC SE STATE OF COLORADO TARY BLIC Commission Expires k My commission expires: CERTIFICATE OF ACCEPTANCE Public Use Easement Proj.#2011 Downtown Street improvements Page-9 of 7 THIS IS TO CERTIFY that the Municipality of Ames, Project Management & Engineering Department, Grantee herein, acting by and through its Acting Director, hereby accepts for public purposes the real property, or interest therein, described in this instrument and consents to the recordation thereof. IN WITNESS WHEREOF, I have hereunto set my hand this A& day of t _, 20 l CITY OF AMES Date: B tl �. Its. vY r ,Ms' , x ,0 ,. u STATE OF IOWA ) � fV Ru � ) ss. '` �' 1 y�> P COUNTY OF � ' C/ , ` w `P , hF The fonstrument was acknowledged before me this ox day of "TiTn , 20-0—. Notary Public in and for Iowa My Commission Expires: AS TO FORM BY D-E R.VOSs IS INE STONE F A` ASSISTAPff C1IYATTORIY aa-'wll COMMISSION)+ 13�'01LLD 9 * My COMMISSION EXPIRESTWA Public Use Easement Proj.#2011 Downtown Street improvements Page$oF6 g .A POST OFFICE\ ORIGINAL DEEDS. DEEDS TO THE UN TED STATES OF A . ERIC BOOK 63, PAGE 353 LOT TWO (2) IN BLOCK NINE (9) IN THE.ORIGINALTOWN OF AMES, IO.Mi BOOK 63., PAGE 354 LOT ONE IN BLOCK NINE, IN THE ORIGINAL.TOWN OF AME -1 IOWA. BOOK.63, PAGE 355 LOT THREE (3) IR BLOCK NINE (9:) IN THE ORIGINAL TOWN OF AME , IOWA.. bEED TO, THE CITY QF AM- ES-BOOK 121, PAGE 342 THE SOUTH,TWELVE (12) FEETOF LOT THREE (3), BLOCK.NINE. (9) ORIGINAL TO1111.N SITE OF AMES, STORY COUNTY; IOWA. C:\Usero\greedUppData\Vocal%Ecr-osoft\Windows\Temporary Internet piles\Content.0utjook\VLM5KM3RTost Office.ojd&al Deed.doc n 9 t' r d. Sl It • 4 .. �� ������ fir, '•;i,. r1z r 2 t i` G �. ��jj�� 2 f �• �' 4• i wftG•04a. ar 4 <- '' #i dr t; W.' 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EAST; B.3B FEET?0 THE POINT OF:BEGINNING AND CONTAINiN6 b.01 ACRES'(554 SC31lARL FEET] 6ih S t REET 66, Raw NE COR LOT 1 POINT OF°COMMENCING PdSNT OF. BEGINNING m N43"5W3VE f 3V i--13 t]]' o. D. z. W ..! as W Q ---__---- EASEMENT -- - --- -----_ -------- 0.01 AC pF 554 SF SIDEWALK' vO EASEMENT N46TV29"W 6.:36' SE QoR SOUTH LINE OF LOT 3 LOT 5 _-- — -- -------------- ---- ---- o SCALE FEET o 40' �05 0E t�GSsaGAos nwva:;surlE.o 2010-11 DOWNTOWN STREET GRINSES.tO�YA�1:11. PAVEMENT lM0.'RQNEMENTS �� FH:{5t�91�r1U0 F615,3M4N0 EASEMENT PLAT CIVIL 0ESIGNADVANTAGE ENGINEM TE 'I O'1029fi �•�� pie �\ EWtIS rf 6 . Ahjt»CIffL RETURN TM0I OESIQN ADVAMTAGB,.340b SE bR05SROAP$OWYEIT!=f3 SU ;-GRlMES;IA,Sol11,F4t 388-4400 FAX:389-01.0 EaSENCENT PLAT OWNEft UNITED$AIES OF AMEFRCA TEMPORARY C014sTRLJCTION EASEM8NTQESCRIFrfioN: THE EAST'20 FEET"OF.,LOT5.1 2 ANO 3 i . BLOCK 9, IN THE ORIGINA4 TOWN OF AMES* STORY BOUNTY. IOWA; EXCEPT`THE SOUTH 12 FEEf OF SAID LOT 3.: I 6th.STREET 66' ROB! HE:COR.LOT T TEMPORARY COEONSTRO ON cn C �- _ � W do J• J 0 9 !i1 20 0` ' EASEMENT: AREA. 0'.08 AC 3370 SF OF ca SOUTH LINE OF LOT 3 . w_-- --..---- SCALE FEET) 0 40' Ta1N STREET �nussEr�togsROA©snh��rrEo r 1 241Q»11.QU1�tiN N arrsyxAw„t. PAVEMENT IMPROVEMENTS Pr I3,�r o eC3�sl aio. 1 EASEMENT PLAT' AN6;[RNA: cwLj)Fsr-NAnvAwAm ENGm� TEcti: 1 O'1 Q795 .