HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Whaley - 1304 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 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 Michael E. Whaley
and Karen Kay Whaley, 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 $300.00 for temporary use of the above described property. $200.00 of said compensation
is for the replacement of a tree to be removed on the west side of the property.
II.
It is understood and agreed the consideration for this agreement includes full compensation for all apparent
damages caused by the construction of this project. Damages included but are not limited to: temporary
construction easement and tree replacement
The City also agrees to 1) Replace the property corner pins after the project is completed,
2) Relocate or replace the split rail fencing located north of the sidewalk and
east of the driveway,
3) Replace the water shut off to a point where it is not located under the
relocated sidewalk,
4) Enlarge the approach so it will be the full width of the garage,
5) Have the east driveway flare to be a greater angle to allow for easier entry
to the property from 13d`Street,
6) The work will be done in a workmanlike manner, with no debris left on the
property.
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 road improvement project of 13'h Street and Duff
Avenue.
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.
IZ 1 2000.
Signed the day of
R
� Y
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor Michael E. Whale
Attest: By:
Karen Kay Whaley
Diane R. Voss, City Clerk
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day of A 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Di a 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. QO�- ,o0q Adopted by the City
Council on the day of 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their volurAry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Sto ourty,Iowa
L. i2iP��•eG
Cow►-m. 4� 5-/7-d 3
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_ZINDIVIDUAL
STATE OF TD A)A ) _CORPORATE
COUNTY OF S;W-4 /n� ) ss: Title(s)of Corporate Officers(s):
On this 1Z day of /-1PAIL ,2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
m I C}IAELE. WML el AND &&t6 4 bI W EY 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 _ ADNIINISTRATOR(s),
capacity(ies),and that by hi er/ it signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon beha w ' e p on(s)acted,executed the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SE A (Sign in ink) _ OTHER:
�. ICA EN (Print/type name)
Notary Public in and for the State of _' \AA
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
CARROL D.McCRACKEN
MY COMMISSION EXPIRES
s ZOOL
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : MICHAEL & KAREN WHALEY
1304 DUFF AVE.
AMES, IA 50010
NO SCALE
5'
8' 134.4'
Ir Q O
w I n p
Q 1� j
1 o LOT 7
o i
o Ln
S M 22'
N
Is, 43.91 "k - - -1v 41.5'
10.5' .-.-.-.-.-.-.-._109.52'� -
81 134.4'
;n
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: MICHAEL & KAREN WHALEY
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 5'; THENCE WEST 109.52'; THENCE CONCAVE NORTHWESTERLY
31.79'; THENCE NORTH 33.57'; THENCE WEST 5'; THENCE SOUTH 60'; THENCE EAST 134.4, TO THE
POINT OF BEGINNING.
CONTAINING 1026.45 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 7.5'; THENCE WEST 41.5'; THENCE NORTH 4'; THENCE WEST 22';
THENCE SOUTH 3.5'; THENCE WEST 43.91'; THENCE CONCAVE NORTHWESTERLY 25.02'; THENCE
NORTHWESTERLY 35.75'; THENCE WEST 8.5'; THENCE SOUTH 60'; THENCE EAST 134.4, TO THE
POINT OF BEGINNING.
CONTAINING 1686.67 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-110