HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Heer - 1326 Duff Avenue V A
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 by the City of Ames, (hereinafter called "City), and John F. Heer and
Hollvs Heer a/k/a Hollys E. Heer,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.
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 and(miscellaneous landscapina and wood fence-to be restored to original condition
upon completion of the 13t'' Street and Duff Avenue Widening and Patching and Resurfacing Project).
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.
n �i
J
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 13r' 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 1 day of A , 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor ohn . Heer
Attest: By:
4HollyHeer
By:(I&&A
Diane R. Voss, City Clerk
s R�
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day of RU. V 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and D e 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 of its City Council, as contained in Resolution No. 00—OO R Adopted by the City
Council on the day of ancic� , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their'volur6ry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
orr
Notary Public in and for StorpCounty, Iowa
ALL PURPOSE ACKNOWLEDGMENT CAP ITY CLAIMED BY SIGNER:
_ IVIDUAL
STATE OF j _CORPORATE
COUNTY OF ss: _ Title(s)of Corporate Officers(s):
On this _day of _12000, before me, the
and rsigne a Notary Publ c in and for Od State,personally appeared So& Corporate Seal is affixed
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) 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/thei �ature(s the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of whic a persons)acte ,executed the instrument. GUARDIAN(s)
— or CONSERVATOR(s)
(NOTARY SEAL)_ (Sign in ink) _ OTHER:
(Print/t)W name)
Notary Public in and for the State of
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
r
TEMPORARY CONSTRUCTION EASEMENT
N
OWNER : JOHN F. & HOLLYS HEER
1326 DUFF AVE.
AMES, IA 50010
NO SCALE
E 14TH STREET
2'
8' 1 134.4'
iao w
N
w ! 4.5' Q
a
w o r1�J� o
w tO LOT 2 to
1 4.5' to
IN
1
R2'
8;
TEMPORARY CONSTRUCTION EASEMENT
FROM: JOHN F. & HOLLYS HEER
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 2, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 2'; THENCE NORTH 27'; THENCE EAST 4.5'; THENCE NORTH
4.5'; THENCE WEST 4.5'; THENCE NORTH 28.5'; THENCE WEST 2'; THENCE SOUTH 60' TO THE
POINT OF BEGINNING.
CONTAINING 133.97 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-160