HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Poffenberger - 133 East 13th Street r'
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"),James A. Poffenberger,
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$100.00 for temporary use of the above described property. City agrees to extend retaining
wall along Carroll Avenue approximately 25 feet north from the southeast property corner. City agrees to
construct retaining wall to the same elevation across entire property. City agrees to construct retaining wall
to match the grade of the yard. Owner requests to review the building material for the retaining wall prior to
construction. Cityagrees to replace all steps on front walk to repair cracked cement.
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.
Y ,
V.
Possession of the premises is the essence ofthis 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 17 day of A M 1 L 12000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor James A. Poffenberger
Attest: By:
By:
Diane R. Voss, City Clerk
k1 k
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 and DUane 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-DD 9 Adopted by the City
Council on the day of Sri , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their volunjary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for 9tor4ounty,Iowa
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
STATE OF 10 WA ) CORPORATE
COUNTY OF 5Tor,Y ) ss: Title(s)of Corporate Officers(s):
On this 17 day of APKIL ,2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
,TAPAES A. P0EFE4-)23EX6FK— 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) Weir&subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that he/ske4hQy executed the same in his/heM4ieipauthorized _ ADMII`IISTRATOR(s),
capacity(ies),and that by his/4e 4heirsignature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of which e person(s)acte a cuted the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
L W DA L. Pc7O L (Print/type name)
Notary Public in and for the State of 10 wA
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
+. UNDA L POOL
WCOMMISSION EXPIRES
ow S ��• 61
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : JAMES A POFFENBERGER
133 E. 13TH ST.
AMES, IA 50010
NO SCALE
71.2'
LOT 11 N
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133 E 13TH ST cr
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37.43` 31.76
71.2'
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: JAMES A. POFFENBERGER
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 11, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE WEST ALONG THE SOUTH PROPERTY LINE OF SAID LOT; THENCE NORTH-
WESTERLY 37.54'; THENCE SOUTH 1.1' THENCE EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 20.59 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 11, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH ALONG THE EAST PROPERTY LINE OF SAID LOT 8.5'; THENCE
NORTHWESTERLY 36.81'; THENCE SOUTHWESTERLY 32.68'; THENCE SOUTH 6.5, TO THE SOUTH
PROPERTY LINE OF SAID LOT; THENCE EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 608.05 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE: