HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Dental Bldg. - 1212 Duff Avenue f
4
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'), Dental Building, a co-
partnership , (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 $500.00 for temporary use of the above described property. City agrees to construct the
entrance 20 feet wide at the n
�ght of way line with a 45'flare on the approach. City agrees to place siggs along
Duff Avenue, 13' Street and in the Barbing lot to direct clientele to and from the building if the entrance
is closed for construction and alternative access is used.
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.
V.
Possession ofthe 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.
Vill.
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.
a(-�
Signed the y of 2000.
40A) Tr/ /5r- JW Op-" r'�Ifl�, zoco.
CITY OF AMES,IOWA PROPERTY OWNERS
Dental Building,a co-partnership
:Z��
By: By: LJJL z �( >
Ted Tedesco,Mayor Charles D. Farrell,DDS
Attest: By: 76"Y* M. Akk
Thomas M. Stark, DDS
By:C /1Ad'V)-R 'ALL By:
Diane R. Voss, City Clerk Ronald tAmith, DDS
STATE OF IOWA }
)Ss:
STORY COUNTY )
On this m day of , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and ne 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 ofits City Council,as contained in Resolution No. 00 001 Adopted by the City
Council on the 74' day of Ta2w 2000, and that Ted Tedesco and Diane R.Voss acknowledged the
execution of the instrument to be their voluntgry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Story ounty, Iowa
—fuz- G..
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER
INDIVIDUAL
STATE OF W WA ) CORPORATE
COUNTY OF Bn c Y ) ss: Title(s)of Corporate Officers(s):
On this 6 day of APFW— .2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
-t'h1OP A 5 rh. STA tz K. DD S A)J D P- xl ALIT C. Sr✓!1 t", DD S No Corporate Seal procured.
_ PARTNER(s):
to me personally known Limited Partnership
or — 1 proved to me on the basis of satisfactory evidence General Partnership
_ ATTORNEY-IN-FACT
to be the person(s) whose name(s) Ware subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that 4eAWthey executed the same in 44~their authorized _ ADMINISTRATOR(s),
capacity(ies),and that by-P er/their signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of which person(s)a ex ted the instrument. _ GUARDIAN(s)
O _ or CONSERVATOR(s)
(NOTARY SEAL) :5 - (Sign in ink) _ OTHER:
L I a1 DA L. P&O I- (Print/type name)
Notary Public in and for the State of I o GJA
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
`° LINDA L.POOL
MY COMMISSION EXPIRES
0" S OI
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day of 1999, 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,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 ofits City Council, as contained in Resolution No. 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 voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed.
Notary Public in and for Story County,Iowa
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNEINDIVIDUAL
STATE OF �BUJ� ) _CORPORATE
COUNTY OF R� - J) ss: Title(s)of Corporate Officers(s):
On this day of ,2000, before me, the
undersign a Notary Public4n and for laid State,personally appeared Corporate Seal is affixed
�,k a+-�-�5 f`'a.r rt-C( � NO Corporate Seal procured
v/7 PARTNER(s):
to me personally known united 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 hi /their signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon be a pe on(s)acted,executed the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SE (Sign in ink) _ OTHER:
CA KAO�— D. Me CAACKi5i (Print/t),pe name)
Notary Public in and for the State of . -To-0-
SIGNER IS REPRESENTING:
o�•"' `d' CARROL D.McCRACKEIV List name(s)of person(s)or entity(ies):
JVIY COMMISSION EXPIRES
�7' 2 Z_
s
TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : DENTAL BUILDING CO-PARTNERSHIP
1212 DUFF AVE.
AMES, IA 50010
NO SCALE
5' r7.5' 180, 40' 24'.
i
io
12.5 i N 230'
i
o
i- Lo
i�
. Q
1 r-------------------'------------
i
7 r6.s' > 50
LL ;p
>
a 6 J� L` LOT 5
j .5' o
LL 1 N
7
E; 1 ti N
� 1 N
�v O
1i 0
13 i
1 M
11.5
i
1 p
180,
5' l6.5'
TEMPORARY CONSTRUCTION EASEMENT
FROM: DENTAL BUILDING CO-PARTNERSHIP
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 150' OF THE WEST 180' OF LOT 5,
EMERY'S SUBDIVISION, AMES, STORY COUNTY, IOWA; THENCE EAST 11.5'; THENCE NORTH 20'; THENCE
NORTHEASTERLY 10.37'; THENCE NORTHWESTERLY 47.27'; THENCE EAST 7.5'; THENCE NORTH 10';
THENCE WEST 6.5'; THENCE NORTHEASTERLY 43.49'; THENCE NORTH 20'; WEST 12.5'; THENCE
SOUTH 150' TO THE POINT OF BEGINNING.
CONTAINING 1585.82 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
09-02-200-130