HomeMy WebLinkAbout~Master - Vacation of Access and Sanitary Sewer Easements at 701 South Duff Avenue Instrument:2015- 0000E483
M Date:Aug 31,2015 12:03:30P
D Rec Fee: 70,00 E-Com Fee: 1.00
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Filed for record in Story County, Iowa
Stacie L. Herridge, County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Jessica D.Spoden,City Attorney,515 Clark Avenue,Ames IA 50010 Phone 515-239-5146
Return to:Ames City Clerk,P.O.Box 811,Ames IA 50010 Phone 515-239-5105
RESOLUTION NO. 14-450
RESOLUTION APPROVING VACATION OF ACCESS EASEMENT AND
SANITARY SEWER EASEMENT AT 701 SOUTH DUFF AVENUE
FOR THE CITY OF AMES, IOWA
WHEREAS, there is an existing access easement, 16 feet in width, and an existing
sanitary sewer easement 80 feet in width all lying within the property located at 701 South Duff
Avenue; and
WHEREAS, the property owner made a request to vacate the access easement and
sanitary sewer easement, and to redefine the locations of the access easement and sanitary sewer
easement upon the property; and
WHEREAS, pursuant to Iowa Code section 364.7, notice was given on August 1, 2014,
and a public hearing is being held regarding the proposal of the City to vacate the easements; and
WHEREAS,vacation of the easements is in the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF AMES, IOWA, THAT:
1. Pursuant to Iowa Code section 364.7, publication of notice regarding the proposed
vacation of the access easement and the sanitary sewer easement and establishing a public
hearing date regarding the proposal has been made.
2. The public hearing regarding the disposition of the property is hereby closed.
3. The existing access easement, 16 feet in width, and an existing sanitary sewer
easement 80 feet in width lying within the property located at 701 South Duff Avenue is hereby
vacated. The location of said vacated easements lying within the property at 701 South Duff
i
Avenue are more particularly described as being within "The South 80 feet of the land described
as beginning at a point 641 feet West of the Center line of Section 11, Township 83 North,
Range 24 West, then South 235.25 feet, thence East 548 feet, thence North 235.25 feet, thence
West to the place of beginning," and as shown as on Parcel AY in that Plat of Survey filed in the
office of the Recorder of Story County, Iowa on June 2, 2014, as Instrument Number 2014-
04095, in Slide 484 at Page 5.
4. The access easement and the sanitary sewer easement are hereby redefined with
an access easement being 16 feet in width, and more particularly described as shown on the
Access Easement Agreement attached hereto as Schedule "A" and the sanitary sewer easements
being 10 feet in width and 20 feet in width, as reflected by Sanitary Sewer Easement #1 and
Sanitary Sewer Easement#2 shown on Schedule "B" attached hereto.
ADOPTED THIS 12th day of August, 2014.
Diane R. Voss, City Clerk Ann H. Campbell, Mayor
Introduced by: Goodman
Seconded by: Corrieri
Voting aye: Betcher, Corrieri, Gartin, Goodman, Nelson, Orazem
Voting nay: None Absent: None
Resolution declared adopted and signed by the Mayor this 1 1 day of f\L tC(LSt , 2014.
2
SCHEDULE A
INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel:956-3900
RETURN DOCUMENT To: David W.Benson, 1416 Bucke e Ave.,Ames IA 50010
ACCESS EASEMENT AGREEMENT
THIS IS AN AGREEMENT made by and between E-M Hunziker, LLC, an Iowa
limited liability company ("Hunziker") and Kenneth R. Howe and Marjory C. Howe as
Trustees of the Kenneth and Marjory Howe Revocable Trust Dated July 19, 2000
("Howe"), for the benefit of Hunziker, Howe, and the City of Ames, Iowa, upon the
following terms and conditions:
1. DEFINITIONS. When used in this agreement, unless otherwise required by
the context:
(a) "Hunziker" means E-M Hunziker, LLC, whose address for purposes of
this Agreement is 105 S. 16'b Street,Ames IA 50010.
(b) "Howe" means Kenneth R. Howe and Marjory C. Howe as Trustees of the
Kenneth and Marjory Howe Revocable Trust Dated July 19, 2000, whose address for
purposes of this Agreement is 811 S. Duff Avenue, Ames IA 50010.
(c) "Hunziker Property"means real property locally known as 701 S. Duff
Avenue,Ames IA 50010, owned by Hunziker, and legally described as follows:
Parcel AY as shown on that Plat of Survey filed in the office of the
Recorder of Story County, Iowa on June 2, 2014, as Instrument Number
2014-04095, in Slide 484 at Page 5.
(d) "Howe Property" means real property locally known as 811 S. Duff
Avenue,Ames IA 50010, owned by Howe, and legally described as follows:
Beginning at a point on the Quarter Section line 244.25 feet South of the
center of Section 11, Township 83 North, Range 24 West of the 5t' P.M.,
Story County, Iowa, thence West 513 feet, thence South 509.15 feet,
thence East 513 feet,thence North 509.15 feet along a Quarter Section line
3
to the point of beginning containing 5 acres more or less, exclusive of the
East 93 feet thereof now occupied by Highway No. U.S. 69 and the City
of Ames drainage ditch, subject to the rights of the State of Iowa under
certain easements now of record, and excepting from this conveyance the
West 43 feet of the East 93 feet of the above-described real estate
heretofore conveyed to the City of Ames by Warranty Deed recorded
September 10, 1937, in Book 77, Page 242 of the Deed of records of Story
County, Iowa.
(e) "City of Ames Property" means real property locally known as 715 S.
Duff Avenue, Ames IA 50010, owned by the City of Ames, Iowa, and legally described
as follows:
A part of the Southwest Quarter (SW/4) of Section Eleven (11), Township
Eighty-three (83) North, Range Twenty-four (24) West of the 51h P.M., in
the City of Ames, Story County, Iowa, described as follows:
Commencing at the Northeast (NE) corner of the Southwest Quarter
(SW/4) of Section Eleven (11), Township Eighty-three (83) North, Range
Twenty-four (24) West of the 5th P.M., in the City of Ames, Story County,
Iowa, thence South 89 degrees 54 minutes West along the North line of
said Southwest Quarter (SW/4), Six Hundred Forty-one (641) Feet, thence
South One Hundred Fifty-five and Twenty-five Hundredths (155.25) Feet
to the point of beginning, thence South 89 degrees 54 minutes West, Four
Hundred Four and One Tenth (404.1) Feet to the centerline of Squaw
Creek, thence South 01 degrees 13 minutes East, along the approximate
centerline of Squaw Creek, One Hundred Forty-five and Two Tenths
(145.2) Feet, thence South 49 degrees 59 minutes East, continuing along
said centerline, One Hundred Seventy-two and Six Tenths (172.6) Feet,
thence South 68 degrees 44 minutes East along said centerline, Three
Hundred Thirty-three and Three Tenths (333.3) Feet, thence North 00
degrees 06 minutes West, Three Hundred Seventy-seven and Eighty-five
Hundredths (377.85) Feet, thence South 89 degrees 54 minutes West,
Forty-one and Fifteen Hundredths (41.15)Feet to the point of beginning.
(f) "Agreement" means this instrument as signed by the parties thereto.
(g) "Easement Area" means the tract of land described as follows:
The North 12 feet of the Howe Property; and
That part of the Hunziker Property legally described as follows:
A strip of varying width lying within Parcel AY of Lot 20 and the South
22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County,
Iowa, and part of the Northeast Quarter of the Southwest Quarter of
Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being more particularly described as
follows: Beginning at the Southeast Corner of said Parcel AY; thence
S89°27'37"W, 406.17 feet along the southerly line thereof, thence
S00°20'53"E, 12.00 feet along the southeasterly line thereof; thence
S89°27'37"W, 86.74 feet to the westerly line of said. Parcel AY; thence
N00°29'57W, 16.00 feet along said line; thence N89°27'37"E, 492.96 feet
to the easterly line of said Parcel AY; thence S00°20'53"E, 4.00 feet along
said line to the point of beginning, containing 3012.86 s.f.
2. CIRCUMSTANCES. Hunziker and Howe have agreed to grant to the City of
Ames, Iowa an access easement 16 feet in width that will be located on part of the
Hunziker Property and part of the Howe Property. The easement will provide access to
City of Ames Property that lies immediately West of the Hunziker Property and Howe
Property. In addition, Hunziker and Howe have agreed to certain rights and
responsibilities regarding maintenance and use of parts of the Easement Area and their
respective properties.
3. ACCESS EASEMENT CREATED FOR BENEFIT OF CITY OF AMES, IOWA.
Within the Easement Area, Hunziker and Howe grant to the City of Ames, Iowa, the
perpetual right of ingress and egress over the Easement Area for the purposes of access to
the City of Ames Property.
4. ACCESS EASEMENT CREATED FOR BENEFIT OF HUNZIKER. Howe
grants to Hunziker the perpetual right of ingress and egress over the North 12 feet of the
Howe Property.
5. ACCESS EASEMENT CREATED FOR BENEFIT OF HOWE. Hunziker grants
to Howe the perpetual right of ingress and egress over that part of the Hunziker Property
that is described as follows:
A strip of varying width lying within Parcel AY of Lot 20 and the South
22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County,
Iowa, and part of the Northeast Quarter of the Southwest Quarter of
Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being more particularly described as
follows: Beginning at the Southeast Corner of said Parcel AY; thence
S89°2737W, 406.17 feet along the southerly line thereof, thence
N00°29'57W, 4.00 feet; thence N89°27'37"E, 406.17 feet to the easterly
line of said Parcel AY; thence S00120'53"E, 4.00 feet along said line to
the point of beginning.
6. OBLIGATIONS OF HOWE. Howe shall install a "rub rail" on the retaining
wall being constructed by Hunziker (see "Obligations of Hunziker", below) so as to
protect the retaining wall from damage by vehicles travelling through the Easement Area.
Howe also agrees to install from time to time marking flags or railings on the top of the
retaining wall in order to mark the location of the retaining wall for view by such
vehicles. The location and design of the rub rail, marking flags, and railings shall be
approved by Hunziker and paid for by Howe. Any asphalt surface within the Easement
Area shall be maintained, reconstructed and repaired by Howe at Howe's expense. Howe
shall cause at Howe's expense snow to be removed from the Easement Area.
7. OBLIGATIONS OF HUNZIKER. Hunziker shall construct a retaining wall 5
feet in height on part of the Hunziker Property that is adjacent to the Easement Area.
8. CONSTRUCTION ENCROACHMENT. During the initial construction of the
improvements that Howe or Hunziker are authorized to make within the Easement Area
under this Agreement, Howe and Hunziker shall have the right, as reasonably necessary
for construction purposes, to temporarily encroach upon land of the other adjacent to and
extending a distance of 10 feet from the Easement Area.
9. RESTORATION. Immediately following construction, reconstruction or
repair work by Howe or Hunziker within the Easement Area, weather and season
permitting, the ground disturbed within the Easement Area and Encroachment Area by
such work shall be restored to its natural grade and previous condition by the Howe or
Hunziker, as the case may be.
10. EASEMENT APPURTENANT. The easement rights granted under this
Agreement to Howe, Hunziker and the City of Ames, Iowa shall be appurtenant to the
respective properties.
11. NONEXCLUSIVE EASEMENT. The easement rights granted under this
Agreement are nonexclusive. This Agreement shall not preclude either Howe or
Hunziker from granting similar easement rights to third parties upon terms and conditions
that do not impair or diminish the rights granted under this Agreement to Howe,
Hunziker or the City of Ames, Iowa.
12. TITLE WARRANTY. Hunziker and Howe warrant to each other and to the
City of Ames, Iowa that Howe and Hunziker hold by title in fee simple to that part of the
Easement Area that lies within their respective properties; that Hunziker and Howe have
good and lawful authority to grant the easement rights herein provided for; and that any
prior liens or encumbrances on the Easement Area will either be released forthwith or
will be subordinated to the easement rights granted herein by a duly executed and
recorded subordination agreement.
13. NOTICE. Unless otherwise required by law, any notice or demand
required or permitted by the terms of this agreement shall be sufficient and deemed
complete when expressed in writing and either (a) personally delivered to the person
entitled thereto, or (b) deposited at any office of the United States Postal Service in the
form of certified mail addressed to the last known mailing address of the person entitled
thereto, or (c) served on the person entitled thereto in the manner of an original notice
under the Iowa Rules of Civil Procedure.
14. ENTIRE AGREEMENT. This instrument constitutes the entire agreement
between the parties with respect to the subject matter thereof and supersedes all prior
statements, representations, promises and agreements, oral or written. No addition to or
change in the terms of this agreement shall be binding upon the parties unless it is
expressed in a writing signed by the parties.
15. SUCCESSORS BOUND. This agreement shall be binding upon and inure to
the benefit of the respective successors and assigns of all parties executing this
Agreement.
16. CONSTRUCTION. Words and phrases used in this agreement shall be
construed as in the single or plural number, and as masculine, feminine or neuter gender,
according to the context. This agreement shall be governed exclusively by and construed
in accordance with the laws of the State of Iowa. The paragraph headings in this
agreement are for convenience only and in no way define or limit the scope or intent of
any provisions of this agreement. 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 E-M Hunziker, LLC has executed this
instrument under date of 2014.
E-M M:ZIKER, C
y
Dea E.Hunziker,Mem er
By _ By \ ��P- ����
Gary J.Hunziker,Trustee Jon E.Hunziker,Trustee
of the Gary J. Hunziker Revocable of the Jon E.Hunziker Revocable
Trust-Member Trust-Member
STATE OF IOWA, COUNTY OF STORY, SS:
This instrument was acknowledged before me on kA w-,k Z 2014, by
Dean E. Hunziker, Gary J. Hunziker, Trustee, and Jon E. Hunz {er, Trustee, as Members
of and on behalf of E-M Hunziker, LLC.
Notary Public
7*-- C�Omm
HARLES E WINKLEBLACK
WWW Number 747077
n Expires
?�
IN WITNESS OF THIS AGREEMENT Kenneth R. Howe and Marjory C. Howe
as Trustees of the Kenneth and Marjory Howe Revocable Trust Dated July 19, 2000 have
executed this instrument under date of 5t 2g ,2014.
C'
KENNETH R. HOWE, Trustee MARROY 10.HOWE,Tr stee
STATE OF IOWA, COUNTY OF STORY, SS:
This instrument was acknowledged before me on Pllmw�'V ZC , 2014, by
Kenneth R. Howe and Marjory C. Howe, as Trustees of the Kenneth and Marjory Howe
Revocable Trust Dated July 19, 2000.
0-A'&
Notary Public
CHARLES E.tY', IKLEBLACK
R Commission Nu:r er 747077
My o2 i-Yee
ON P
v
SCHEDULE B
INSTRUMENT PREPARED BY: David W. Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel: 956-3900)
RETURN DOCUMENT To: Ames City Clerk,P.O.Box 811,Ames IA 50010
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, E-M HUNZIKER, LLC,
an Iowa limited liability company, hereinafter referred to as the GRANTOR, for good and
valuable consideration, does hereby grant unto the CITY OF AMES, IOWA, a municipal
corporation, its successors and assigns, hereinafter referred to as the GRANTEE, upon the
conditions hereinafter recited, the perpetual right to enter upon the land hereinafter described as
the Easement Areas to construct, reconstruct, cover over, clean up, operate, use, maintain and
repair the systems described for the uses set forth hereinafter over, upon, across and under the
Easement Areas. The Easement Areas, shown graphically on attached Exhibit 1, are located on
Parcel AY as shown on that Plat of Survey filed in the office of the Recorder of Story
County, Iowa on June 2, 2014, as Instrument Number 2014-04095, in Slide 484 at Page
5. The Easement Areas are as follows:
For use in distributing electricity and such other general utilities as may be
distributed under franchise of the City of Ames, Iowa: The real property shown
on Schedule"A"attached hereto and by this reference made a part hereof.
For use of a sanitary sewer system: The real property shown on Schedule "B"
attached hereto and by this reference made a part hereof.
For use of a water main system: The real property shown on Schedule "C"
attached hereto and by this reference made a part hereof.
The foregoing rights are granted by the Grantor and shall be accepted and exercised by
the Grantee subject to the following terms and conditions:
1. OBSTRUCTIONS PROHIBITED. The Grantor, as the fee simple owner of the
underlying real estate, and the Grantor's successors and assigns, shall not erect or place within the
Easement Areas any building or other structure or improvement (other than the retaining wall
described in paragraph 2,below)or any trees, shrubs or other landscape plantings other than grass
or comparable ground cover except with the prior written consent of the Grantee. The Grantee
shall have the right to trim or remove trees and shrubs within the Easement Areas to prevent
damage to a utility service line of the Grantee located within the Easement Areas.
q
2. RETAINING WALL ALONG SOUTH BOUNDARY. Notwithstanding the foregoing
prohibition on obstructions within the Easement Area as described in paragraph 1, above, the
Grantor shall have the right to construct a 5-foot high retaining wall in connection with an Access
Easement Agreement with adjoining real property along the South boundary of said Parcel AY.
This retaining wall may encroach within the Easement Area for the sanitary sewer system. The
Grantee shall have the right to construct, reconstruct, cover over, clean up, operate, use, maintain
and repair the sanitary sewer system as otherwise permitted by this instrument, notwithstanding
any damage that might occur to the retaining wall. If the retaining wall is damaged because of
the operation,use,maintenance or repair of the sanitary sewer system by the Grantee and needs to
be repaired or reconstructed, the Grantor agrees that it will repair or reconstruct the retaining wall
at its expense and without contribution to repair or reconstruction from the Grantee.
3. SEEDING. Immediately following construction, reconstruction or repair work by
the Grantee within the Easement Areas, weather and season permitting, ground area with
previously existing grass cover that is disturbed by such work shall be planted with grass seed in
accordance with customary methods of soil preparation and planting by the Grantee.
4. NONEXCLUSIVE EASEMENT. The easement rights granted under this instrument
to the Grantee are nonexclusive. This instrument shall not preclude the Grantor from granting
similar easement rights to third parties upon terms and conditions that do not impair or diminish
the rights granted under this instrument to the Grantee.
5. TITLE WARRANTY. The Grantor warrants to the Grantee that the Grantor holds
the Easement Areas by title in fee simple; that the Grantor has good and lawful authority to grant
the easement rights herein provided for; and that the Easement Areas are free and clear of all liens
and encumbrances except as may be described in the Mortgagee's Subordination attached hereto.
6. CONSTRUCTION. Words and phrases used in this instrument shall be construed
as in the single or plural number, and as masculine, feminine or neuter gender, according to the
context. This instrument shall be governed exclusively by and construed in accordance with the
laws of the State of Iowa.The paragraph headings in this instrument are for convenience only and
in no way define or limit the scope or intent of any provisions of this instrument.
IN WITNESS WHEREOF the undersigned, being all of the members of E-M Hunziker,
LLC, have executed this instrument on �-20 ,2015.
E-&Hu -
C
By ^
Deem er , <�
By _ By
Gary TH&z ik e st Jon E. unziker,Trustee
of the Gary J. Hunziker Revocable of the Jon E. Hunziker Revocable
Trust Trust
xln
STATE OF IOWA, COUNTY OF STORY, SS:
This instrument was acknowledged before me on 1rJ 7'�72015, by
Dean E. Hunziker, Gary J. Hunziker, Trustee, and Jon E. Hurdiker, Trustee, on behalf of
E-M Hunziker, LLC.
otar lic
JENNIFER KAPAUN
: Commission Number 783061
My Commwlon Expires
SCHEDULE "A"
Electrical and General Utility Easement
A strip of varying width lying within Parcel AY of Lot 20 and the South
22 feet of Lot 19 in Cayler's Second Addition to Ames, Story County,
Iowa, and part of the Northeast Quarter of the Southwest Quarter of
Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being more particularly described as
follows: Beginning at the Northeast Corner of said Parcel AY; thence
S00°32'30"E, 5.00 feet along the East line thereof; thence S89°29'23"W,
235.41 feet; thence S44°29'23"W, 2.93 feet; thence S00°30'44"E, 32.54
feet; thence N89°27'30"E, 3.50 feet; thence S00°32'30"E, 17.00 feet;
thence S89°27'30"W, 17.00 feet; thence N00°32'30"W, 17.00 feet; thence
N89°27'30"E, 3.50 feet; thence N00030'37"W, 31.69 feet; thence
N44°29'23"E, 11.21 feet to the North line of said Parcel AY; thence
N89°29'23"E, 239.55 feet to the point of beginning, containing 1843.26
s.f.; and
The East 10 feet of said Parcel AY.
SCHEDULE "B"
Sanitary Sewer Easement
Sanitary Sewer Easement #1:
A strip of land 10.00 feet in width lying within Parcel AY of Lot 20 and
the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story
County, Iowa, and part of the Northeast Quarter of the Southwest Quarter
of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being situated 5.00 feet on each side
of the following described centerline: Beginning at a point on the
southerly line of said Parcel AY which is 140.87 feet West of the
Southeast Corner thereof; thence N37°22'07"E, 66.76 feet; thence
N00°32'30"W, 223.97 feet, and there terminating, containing 2907.33 s.f.
Sanitary Sewer Easement #2:
A strip of land 20.00 feet in width lying within Parcel AY of Lot 20 and
the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story
County, Iowa, and part of the Northeast Quarter of the Southwest Quarter
of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being situated 10.00 feet on each
side of the following described centerline: Beginning at a point on the
southerly line of said Parcel AY which is 161.69 feet West of the
Southeast Corner thereof; thence N65°36'59"W, 410.40 feet to a point on
the west line of said Parcel AY, and there terminating, containing 8207.93
s.f.
V
SCHEDULE "C"
Water Main Easement
A strip of land 10.00 feet in width lying within Parcel AY of Lot 20 and
the South 22 feet of Lot 19 in Cayler's Second Addition to Ames, Story
County, Iowa, and part of the Northeast Quarter of the Southwest Quarter
of Section 11, Township 83 North, Range 24 West of the 5th P.M., City of
Ames, Story County, Iowa, said strip being situated 5.00 feet on each side
of the following described centerline: Commencing at the Northeast
Corner of said Parcel AY; thence following the East line thereof
S00032'30"E, 81.72 feet; thence S00°20'53"E, 44.64 feet to the point of
beginning; thence S89°23'28"W, 95.79 feet; thence S00°36'32"E, 45.47
feet, and there terminating, containing 1412.55 s.f.
I
l95
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EXHIBIT
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R. BRADLEY STUMBO P.O. BOX 1664 AMES. IOWA 50010 515-233-3689
EASEMENT EXHIBIT
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