HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Sikes - 115 East 13th Street V '
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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 Byg,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 bythe City of Ames,(hereinafter called"City'),Richard L.Sikes and Guila
A. Sikes 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 shallentire cost of designingand constructing the road improvements. The C Yshall pay the
Property Owners$50.00 for temporary use ofthe above described property. City agrees to shape tree located
at 127+95, left side, and not flatten it on one side if trimming is necessary for this project. If the tree should
the from root damage within five years from the completion of this project,the City grees to compensate.
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 of the 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.
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.
VI.
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 Z�1 day of MAUY , 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
aBY: BY: Z- 'a _—
Ted'Tedesco, Mayor Richard L. Sikes
Attest: By:
uila A. SIkes
By:
Diane R. Voss, City Clerk
STATE OF IOWA }
}ss:
STORY COUNTY }
On this / `-" day of 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Wane R. oss,to me personally known,and,who,being by me duly sworn,did
say that they are the Mayor and City Clerk,respectively,ofthe 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. Oo -p0 Q Adopted by the City
Council on the day of , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instr unent to be their voluntiry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Sto County,Iowa
Diu L- Rippser'sp-
ALL PURPOSE ACKNOWLEDGMENT CAP ITY CLAIMED BY SIGNER:
pp _kINDIVIDUAL
STATE OF C _CORPORATE
COUNTY OF ss: Title(s)of Corporate 011icers(s):
On this day of 12000, before me, the
unde a No iy Public in d for j State,personally appeared Corporate Seal is affixed
No Corporate Seal procured
� � _ PARTNER(s):
!1_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) is/are subscribed to the within instrument and , EXECUTOR(s),
acknowledged to me that he/she/they executed the same in his/her/their authorized , ADMINISTRATOR(s),
capacity(ies),and that by his/her/their si (s)on a instrument the person(s), _ or TRUSTEE(s)
or the entity upon be if of which a rson s)acted,a ec rns�trunt. = GUARDIAN(s)
or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
(Print/type name)
Notary Public in and for the State of JWA
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
1
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : RICHARD L . 8' GUILA A. SIKES
115 E. 13TH ST.
AMES. IA 50010
60'
NO SCALE
0
0
'D LOT 8
0
0
115 E 13TH ST
N
16_5' 8, iv
---- r 41 el
06'n 60' ;n
E 13TH STREET `r
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: RICHARD L. & GUILA A. SIKES
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 4.5'; THENCE NORTHWESTERLY 60'; THENCE SOUTH 5'; THENCE
EAST 60' TO THE POINT OF BEGINNING.
CONTAINING 281.55 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 6.5'; THENCE NORTHWESTERLY 34.1'; THENCE WEST 8.8'; THENCE
NORTH 2.5'; THENCE WEST 16.5'; THENCE SOUTH 11'; THENCE EAST 60' TO THE POINT OF BEGINNING.
CONTAINING 511.29 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-100