HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Turner - 1322 Duff Avenue DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Graham Land Acquisition Assoc.for the City of Ames,Public Works Department,Ames,Iowa 50010(Phone:515-239-5163)
Return to: Jerry Byp,Public Works Department,515 Clark Avenue,Ames,Iowa 50010
Tax Statement to: N/A
CITY OF AMES
TEMPORARY EASEMENT AGREEMENT
FOR CONSTRUCTION
THIS AGREEMENT,entered into by the City of Ames, (hereinafter called"City"),and.Troy P. Turner and
Shelly S. Turner,husband and wife, (hereinafter called"Property Owner');
Property Owners grant unto the City of Ames, Iowa, a municipal corporation its successors and assigns,
including any public utility, agents, contractors, and employees designated by the City, a temporary right to
enter in,upon,onto,over and across the land described as follows:
AS SHOWN ON THE ATTACHED PLAT MADE A PART HEREOF
NOW, THEREFORE, in consideration of the mutual promises herein stated,the parties agree as follows:
I.
City shall bear the entire cost of designing and constructing the road improvements. The City shall pay the
Property Owners $50.00 for temporary use of the above described property. City agrees to construct the
driveway approaches with a 45'flare
II.
It is understood and agreed the consideration for this agreement includes full compensation for all apparent
damages caused by the exercise of this agreement. Damages included but are not limited to: temporary
construction easement
III.
City hereby gives notice of the Property Owners five-year right to renegotiate construction or maintenance
damages not apparent at the time ofthe signing of this agreement,as required by Section 6B.52 of the Code
of Iowa.
IV.
City will assume all liability for all damages to the above described property caused by the City's failure to
use due care in its exercise of the rights granted.
0
V.
Possession of the premises is the essence of this agreement, Property Owners grant to the City the immediate
right to enter the above described property.
V1.
This agreement shall terminate upon completion of the 13`"Street and Duff Avenue Widening and Patching
and Resurfacing Project.
VII.
This writing constitutes the entire agreement between the City and the Property Owners, and there is no
agreement to do or not to do any act or deed except as specifically provided for herein.
VIII.
This easement agreement shall not be binding until it has been approved and accepted by the City Council of
Ames, Iowa,by Resolution. Said approval and acceptance shall be noted on this agreement.
Signed the 21 day of F F-13 R UA Z 12000.
CITY OF AMES,IOWA PROPERTY OWNERS
YBy: By: ,
ed Tedesco, Mayor oy . Turner
Attest: By:
Shel . Tu r
By'.��p07?. 7�
Diane R. Voss, City Clerk
STATE OF IOWA }
}ss:
STORY COUNTY }
On this-'I'X day of LlAtK , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Di fine R. Voss,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 ofits City Council, as contained in Resolution No. 04-DA4 Adopted by the City
Council on the ll-e-` day of � Z , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their volundry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public m* d for Story County, Iowa
,T/4 �. /P/°f..t'GvR
3-/7-o3
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF I O WA ) _CORPORATE
COUNTY OF s-ro Rc 1 ss: Title(s)of Corporate Officers(s):
On this 2_day of FESIZUAKY 12000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
TROY P_ TURIJF—X AND SN EL.LV 5. TUKasER No Corporate Seal procured
PARTNER(s):
to me personally known Limited Partnership
or ✓ proved to me on the basis of satisfactory evidence General Partnership
_ ATTORNEY-IN-FACT
to be the person(s) whose name(s)Ware subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that hekWthey executed the same in 4&&er/their authorized _ ADMINISTRATOR(s),
capacity(ies),and that by their signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of which the person(s)acted,executed the instrument. _ GUARDIAN(s)
1/1-17 _ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
L I AJ DA L. POOL (Print/type name)
Notary Public in and for the State of 1 OWA
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
L11 C
5 O
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : OLAN F. FARNALL
1322 DUFF AVE.
AMES, IA 50010
NO SCALE
8' 2 134.4'
i
i�
IN >
`'' i
a L6.5'
1 Ln 4
r !�v =o LOT 3
G.5' N
N i r- 11
N
N i
8. 134.4'
N
N
0.75' 1 .25'
SIDEWALK 8 TEMPORARY CONSTRUCTION EASEMENT
FROM: OLAN F. FARNALL
SIDEWALK EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 3, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 0.75'; THENCE NORTHWESTERLY 21.27'; THENCE SOUTH 21.25,
TO THE POINT OF BEGINNING.
CONTAINING 7.97 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 3, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 2'; THENCE NORTH 27'; THENCE EAST 6.5'; THENCE NORTH
4.5'; THENCE WEST 6.5'; THENCE NORTH 28'; THENCE WEST 2'; THENCE SOUTH 60' TO THE POINT
OF BEGINNING.
CONTAINING 147.82 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE: