HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Cogdill - 125 East 13th Street •
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Graham Land Acquisition Assoc.forthe 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 Statenent to: N/A
CITY OF AMES
TEMPORARY EASEMENT AGREEMENT
FOR CONSTRUCTION
THIS AGREEMENT,entered into by the City of Ames,(hereinafter called"City'),Robert P.Cogdill,a single
person (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 ofthe above described property. City agrees to pave a 4 foot wide
strip along and adjacent to the east edge of the existing driveway to accommodate for future parkin-R
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.
i
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 9 day of , 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: AllBy:
Ted Tedesco, Mayor Robert . Cogdill
Attest: By:
Diane R. Voss, City Clerk
r •!
STATE OF IOWA }
}ss:
STORY COUNTY }
On this--�—day of R , , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and a R. Voss,to me personally known,and,who,being by me duly swom, 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. C0O-dO 4 Adopted by the City
Council on the 11-A- day of , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their voluny act and deed and the voluntary act and deed of the corporation,by it
voluntarily executed.
'pa
Notary Public in and or Sto County, Iowa
,TILL L- R/Ae6f&f./Z
Crn�m, v 5`/7-ra3
ALL PURPOSE ACKNOWLEDGMENT CAP ITY CLAIMED BY SIGNER:
_ IVIDUAL
STATE OF Qlyt, 1 _CORPORATE
COUNTY OF ss: Title(s)of Corporate Oliicers(s):
On this 84 day of ,2000, before ine, t.,hee
un rsigne a Notary Public in and for said State,personally appeared j 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 _ AI)NUNISTRATOR(s),
capacity(ies),and that by his/her/theiWis on instrument the person(s), or TRUSTEE(s)
or the entity upon behalf of whic ated,ex cuted the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
(Prindtype name)
Notary Public in and for the State of akg
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : NORWEST MORTGAGE INC.
c/o RED DEPT.
7495 NEW HORIZON WAY
FREDERICK, MD 21703
NO SCALE
u,
a 90,
a uo 125 13TH ST
LOT 7
0
o �0 �0
.5' co 5.5'j d 6.03'
47.52' n
t.
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: NORWEST MORTGAGE INC.
SIDEWALK EASEMENT-
COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA; THENCE WEST 90'; THENCE NORTH 5'; THENCE WEST 90'; THENCE
SOUTH 5' TO THE POINT OF BEGINNING.
CONTAINING 45.0 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA, THENCE EAST 90'; THENCE NORTH 6'; THENCE NORTHWESTERLY 6.03';
THENCE NORTH 4.5'; THENCE WEST 14'; THENCE SOUTH 4.5'; THENCE NORTHWESTERLY 16.52';
THENCE NORTH 6.5% THENCE WEST 5.5'; THENCE SOUTH 6.5'; THENCE NORTHWESTERLY 47.52';
THENCE NORTH 1.5% THENCE WEST 0.5% THENCE SOUTH 9' TO THE POINT OF BEGINNING.
CONTAINING 726.08 SQUARE FEET.
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-383-070