HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Banitt - 101 13th Street t. c
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 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 M. Patricia Banitt
and Louis W. Banitt,as Trustees of the M. Patricia Banitt Revocable Trust,dated July 26, 1995, (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 $149.00 for temporary use of the above described property.
11.
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.
, t
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.
Vl.
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 S`t^~ day of 2000.
� Y
CITY OF AMES,IOWA PROPERTY OWNERS
M. Patricia Banitt and Louis W. Banitt, as
Trustees of the M. Patricia Banitt Revocable
Trust,dated July 26, 1995
By: By:
Ted Tedesco, Mayor M. Patricia Banitt, Co-Trustee
Attest: By:
Louis W. Banitt, Co-Trustee
By: ( ,
Diane R. Voss, City Clerk
STATE OF IOWA }
)ss:
STORY COUNTY }
On this 3 Ad day of , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and lAane 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. 670-CEO Adopted by the City
Council on the Z"'-" day of , 2000, and that Ted Tedesco and Diane R.Voss acknowledged the
execution of the instrument to be their volu#ary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Story Obunty,Iowa
. .e to .5-`7. 0 x
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF 3oLVt 1 —CORPORATE
COUNTY OF jrWq ) ss: Title(s)of Corporate Officers(s):
On this _day of .2000, before me, the
ndersigned,a Notary Public in and for said State,personally appeared M- Corporate Seat is affixed
ew m- PwD LDu rg W 94j rrT No Corporate Seal procured
_ PARTNER(s):
Limited Partnership
to me personally known General Partnership
or ' proved to me on the basis of satisfactory evidence _ ATTORNEY-IN-FACT
_ EXECUTOR(s),
to be the person(s) whose name(s) is/are subscribed to the within instrument and ADNUMSTRATOR(s),
acknowledged to me that he/she/they executed the same in his/her/their authorized _✓or TRUSTEE(s)
capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), _ GUARDIAN(s)
or the entity upon be w ' e rson(s)acted,executed the instrument. — or CONSERVATOR(s)
_ OTHER:
(NOTARY SE (Sign in ink)
QARADL D. e a (Print/type name)
Notary Public in and for the State of ?.au14,, SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
41 AMetc,4 &Nirr A06),b ZC_
TRksr- 4020 JVKY 210, 19?.5
a
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : M. PATRICIA BANITT REVOC. TRUST
M. PATRICIA & LOUIS BANITT TRUSTEES
2514 KELLOGG AVE.
AMES, IA 50010
NO SCALE
N
un }'
ui 5'
90' inr•+
10.58'."
LOT 5 j'�•.j
1 >
�I
M• � ta-
i �
___________________________________________'______
L"0_5
10113TH ST `r
LOT 6 N
0
4.5, tO
N
t-
36' ... :.... . ........ .
;n 67.59'
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: M. PATRICIA BANITT REVOC TRUST
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 90' OF LOT 6, BLOCK 7, DUFF'S
HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA; THENCE EAST 90'; THENCE NORTH 120';
THENCE WEST 5'; THENCE SOUTH 95.28'; THENCE CONCAVE SOUTHWEST 31.38'; THENCE WEST
67.59'; THENCE SOUTH 5' TO THE POINT OF BEGINNING.
CONTAINING 1116.67 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 90' OF LOT 6, BLOCK 7, DUFF'S
HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA, THENCE EAST 90'; THENCE NORTH 120';
THENCE WEST 6'; THENCE SOUTHERLY 5.52'; THENCE WEST 6.5'; THENCE SOUTH 4.5'; THENCE
EAST 6.5'; THENCE SOUTH 24.5'; THENCE NORTHWESTERLY 10.58'; THENCE SOUTH 37.5'; THENCE
EAST 10.5'; THENCE SOUTH 27.41'; THENCE CONCAVE SOUTHWESTERLY 29.29'; THENCE WEST
26.27'; THENCE NORTH 6'; THENCE WEST 4.5'; THENCE SOUTH 6'; THENCE WEST 36'; THENCE
SOUTH 6.5' TO THE POINT OF BEGINNING. RECORDED:
CONTAINING 1838.63 SQUARE FEET. INSTRUMENT NO. :
DATE:
05-35-383-040