HomeMy WebLinkAbout~Master - Bicycle Path - Iowa State University Research Park Corporation 11321 �'1.�322
WT:-W, - STATE OF IOWA
a STORY COUNTY,IOWA Story County
FILED fI' m Entere or taxailo�s
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AGREEMENT46R BICYCLE PATH EASEMEN Co rity Aaditor
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AW110 S FW S ---T#tr mement is entered into between the CITY OF AMES, a municipal
corporation, hereinafter referred to as "City", and Iowa State University
Research Park Corporation, hereinafter referred to as "ISU Research Park
Corporation";
WITNESSETH :
WHEREAS, the City desires to develop a bicycle path along a portion of
an abandoned railroad right-of-way which was previously used by the Chicago
and Northwestern Transportation Company described as:
See attached plat and description
NOW, THEREFORE, in consideration of the mutual covenants contained in
this Agreement, the parties hereto agree as follows:
I.
ISU Research Park Corporation grants to the City permission to develop
and use the said right-of-way land as a bicycle path. City agrees that any
such path shall be not more than an eight (8) foot wide bicycle path with two
(2) foot wide shoulders. Said path shall be surfaced with crushed rock. All
development and construction shall be done by employees of the City or City
contractors in accordance with a schedule set out by the City.
II.
The City shall bear the entire cost of designing, constructing and
maintaining the bicycle path. The City will not pay ISU Research Park
Corporation any compensation for use of this path other than the covenants
which form this Agreement. The City will pay for all costs of filing this
document.
III.
The City agrees to indemnify, save and hold harmless ISU Research Park
Corporation, its agents, employees, successors and assigns from liability for
any personal injury or death, or property damage of whatsoever kind and
nature which may arise as a consequence of the City's failure to exercise due
care in the development, construction, operation or maintenance of said
bicycle path,
IV.
City agrees to maintain said bicycle path and make the necessary
improvements to keep the path in good and safe condition.
BOOK—a'-OZL PAGE..
V.
ISU Research Park Corporation hereby grants permission and authority to
the City to use the right-of-way for a bicycle path and no other purpose
except for any purpose that the parties might agree to. At such time that
the City shall cease to use the property as a bicycle path, it shall be used
for no other purpose by the City.
VI.
The City's rights granted hereunder shall be perpetual .
VII.
The City agrees to landscape the area in accordance with the attached
plan. Landscaping will be completed in the 1992 fall planting season. The
City will complete the initial watering. Future watering and maintenance of
all materials shown on this plan shall be the responsibility of the ISU
Research Park Corporation. The City agrees to pay in 1993 for watering and
maintenance of this new material based on documentation provided to the City
for costs incurred, up to a maximum of $667.
DATED this // day of 1992.
IOWA STATE UNIVERSITY CITY OF AMES, OWA
RESEARCH PARK CORPORATION t �.
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Leonard C. Goldman , Larry R. 'Qur=t-i�s, Mar,flr �
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By: A
Wayne Moore
Chai an of the Board
-s 1a..PACE_.._!_.__
Y `
STATE OF IOWA
ss:
COUNTY OF STORY
On this / — day of May, 1992, before me, a Notary Public in and for
Story County, Iowa, personally appeared Leonard C. Goldman and Wayne R.
Moore, to me pers p 1 , no n, who being by me duly sworn, did say that they
are the-Exec and Chairman of the Board, respectively, 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 Leonard C. Goldman and
W te,I!R ,'floore acknowledged the execution of said instrument to be the
°rAl4 tan factfand deed of said corporation by it voluntarily executed.
w - N ar Publ i c in and for
Sly County, Iowa
y,r
STATE OF IOWA
ss:
COUNTY OF STORY
On this -:? 12th day of May, 1992, before me, a Notary Public in and for
the State of Iowa, personally appeared Larry R. Curtis and Nancy Dionigi , to
me personally known, and, 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 to the foregoing instrument is the corporate seal of the
corporation, and that the instrument was signed and sealed on behalf of the
corporation, by authority of its City Council , as contained in Resolution No.
92-168 adopted by the City Council on the 12th day of May 9
19_92_, and that Larry R. Curtis and Nancy Dionigi acknowledged the execution
of the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
ay t
ns
Notary Publ i c in d f ;..
{
Story County, Iowa . '
Jill L. Ripperger; commissi r� res "
March 17, 1994
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d Bicycle Path Easement
Property Plat
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The east 12 feet of Lot 1, Iowa State University Research Park Second Addition
to the City of Ames, Story County, Iowa.
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