HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Petefish - 119 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)
Retum to: Jerry By&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"),Robert H. Petefish and
Ladine Petefish 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$53.00 for temporary use ofthe above described property. The City agrees to construct the
curb width the same as it is now at 21 foot. The City agrees to construct the portion of driveway being
disturbed with 4000 pound, hard crushed rock concrete mix with % inch epoxied reinforced rod on 3 foot
centers. The grade is to be no more then 14%if more driveway is needed so be it. The City agrees to remove
the sycamore tree at Sta. 128+47, left side, by the driveway and the stump around out.
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 riot apparent at the time of the signing of this agreement, as required by Section 6B.52 of the Code
of Iowa.
W.
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 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 day of ,2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: '�' By:
Ted Tedesco, Mayor Robert H. Petefish
Attest: By:
Ladine Petefish
By:
Diane R. Voss, City Clerk
STATE OF IOWA }
}ss:
STORY COUNTY }
On this_ 1-"4 day of--1 u1 , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Diane 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,byauthorityofits City Council, as contained in Resolution No. Goo -00q 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 volunt.4y act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Story dounty,Iowa
,Ti41— L, AIR,06A60t
ALL PURPOSE ACKNOWLEDGMENT CAPACM CLAIMED BY SIGNER:
IVIDUAL
STATE OF _CORPORATE
COUNTY OF ss: Title(s)of Corporate Officers(s):
I
On this day of ,2000, before me, the
orders" i a Notary bli in and f�} e personally appeared 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 _ ADMINISTRATOR(s),
capacity(ies),and that by his/her/their si (s)on a instrument the person(s), _, or TRUSTEE(s)
or the entity upon behalf of which th rson(s)acted,a ted the instrument. , GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
b C.I I13TTE (Pnnt/t5W name)
Notary Public in and for the State of
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
i ^
V
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : ROBERT H. & LAD I NE PETEF I SH
119 E. 13TH ST.
AMES, IA 50010
60'
NO SCALE
0
co
0
LOT 9
0
119 E 13TH ST N
13' 27.23
1� N
Im _ 47.......
'
60' ,n M
tn 35.42' 7 1'
c fn
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: ROBERT H. & LADINE PETEFISH
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 3.53'; THENCE NORTHWESTERLY 27.23'; THENCE WESTERLY 35.42';
THENCE SOUTH 5% THENCE EAST 60' TO THE POINT OF BEGINNING.
CONTAINING 276.13 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 9, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 6.5'; THENCE WEST 47'; THENCE NORTH 9.5'; THENCE WEST 13';
THENCE SOUTH 16'; THENCE EAST 60' TO THE POINT OF BEGINNING.
CONTAINING 530.62 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-090