HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Smith - 118 East 13th Street w
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 Departmert 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"),Jerry D. Smith and Judy
A. Smith, 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 $60.00 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
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 613.52 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 13t" 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.
IX.
It is agreed that the City of Ames, its agents, and/or contractors will relocate or replace the advertising sign
if necessary at no cost to the Property Owner. This work must be done to the satisfaction of the Property
Owner. The Property Owner grants a temporary easement as necessary to complete this work.
Signed the 2/ day of 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
;'�fc
Ted Tedesco, Mayor J D. ILI ith
Attest: By: A. lm-w4.
udy A. Smith
By:c�&M'o 7'1dj_-�
Diane R. Voss, City Clerk
1
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 an(f 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 of its City Council, as contained in Resolution No. 00 Adopted by the City
Council on the 'i'' day of 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their volunkhry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and or Sto County,Iowa
,Tf[.L Z. R1PFM6f-P—
rrnwn, _el ' --O-P3
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
-X INDIVIDUAL
STATE OF Tin —CORPORATE
COUNTY OF ss: Title(s)of Corporate Officers(s):
On this 21sc day of ri 12000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
No Corporate Seal procured
1 _ 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/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)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
Print/type name)
Nota L.w
�'q' Ire CINDY K. ELLED I SIGNER IS REPRESENTING:
MY COMMISSION EXPIRES List name(s)of person(s)or entity(ies):
,oWA g l9-��oa
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : JERRY D 8. JUDY A SMITH
1400 ORIEL RD
BOONE , IA 50036
NO SCALE
E 13TH STREET
40' �n
4 b- n
N I N,
M' 1.74'
118 E
0 13TH ST!
N N
M
LOT�3
9.5'
LOT
eo
40' 24'
SIDEWALK 8. TEMPORARY CONSTRUCTION EASEMENT
FROM: JERRY D B. JUDY A SMITH
SIDEWALK EASEMENT:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST 40' OF LOT 4, EMERY'S SUBDIVISION,
AMES, STORY COUNTY, IOWA; THENCE SOUTH 5'; THENCE EAST 49.5'; THENCE NORTH 5'; THENCE
WEST 49.5' TO THE POINT OF BEGINNING.
CONTAINING 247.5 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST 40' OF LOT 4, EMERY'S SUBDIVISION,
AMES, STORY COUNTY, IOWA; THENCE SOUTH 6'; THENCE SOUTHEASTERLY 48.56'; THENCE SOUTH
3.5'; THENCE EAST 1.74'; THENCE NORTH 11.5'; THENCE WEST 49.5' TO THE POINT OF BEGINNING.
CONTAINING 360.89 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
09-02-200-010