HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Petefish - 119 East 13th Street 00 - 04714
INST.NO. �L
RETM TO: SFIILED FOR RE6ORDACITY CLERK'S OFFICE 10�� D
PO BOX 811 AM MAY 0 5 2000
AMES IA 50010-0811 SUSAN L.VAN
� /� P,Recorder G0�'
(Qni) F&O�MI,NG yFEE$WA
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus,City of Ames Legal Departmatt,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
Return to: Jerry Byg,Public Works Departmart,515 Clark Avenue,Ames,Iowa 50010
Tax Statemaxi to: N/A
EASEMENT AGREEMENT
PUBLIC SIDEWALK
THIS AGREEMENT, entered into by the City of Ames, (hereinafter called "City'), and Robert H. Petefish
and Ladine Petefish husband and wife , (hereinafter called"Abutting Property
Owners');
WITNESSETH :
WHEREAS, the City desires to maintain adequate clearance between vehicular traffic and pedestrians to
enhance pedestrian safet • and
P Y> >
WHEREAS, the width of the street right-of-way at the location herein described is not sufficient to
accommodate both street paving and sidewalks and still maintain adequate clearance between vehicular traffic
and pedestrians; and,
WHEREAS,the City does not need additional right-of-way for vehicular purposes, but does for pedestrians
only,the Abutting Property Owners grant permission for a public sidewalk to exist over 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.
Abutting Property Owners grant to the City permission to relocate and reconstruct the existing concrete
sidewalk onto the above described property. The City agrees that said sidewalk shall not be more than 4'wide.
Said sidewalk shall be surfaced with 4" concrete, except it shall be 6" concrete through'owner's driveway
access to the street.
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The City shall bear the entire cost of designing and constructing the sidewalk and associated improvements.
The City shall pay the Abutting Property Owners$1,847.00 for use of this easement.
III.
It is understood and agreed the consideration for this agreement includes full compensation for all apparent
damages caused by the exercise ofthis agreement. Damages included but are not limited to:severance damag
for reduction of usable yard/driveway area,loss of surface paving._
IV.
The City agrees to indemnify,save and hold harmless the Abutting Property Owners,their agents,employees,
successors and assigns from liability for any personal injury or death,or property damage of whatsoever kind
and nature which may arise as a consequence ofthe City's failure to exercise due care during the construction
of sidewalk improvements and associated work.
V.
Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to keep the
sidewalk in good and safe condition in perpetuity.
VI
Abutting Property Owners hereby grant permission and authority to the City to use the said land for a public
sidewalk.
VII.
The easement hereby granted shall be perpetual from the date of this agreement.
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.
DATED this 3 r� Day of MGM I ,2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
By: By:
Ted Tedesco,Mayor Robert H. Petefish
OA
By: 7r,� L
r r' Ladine Petefish
)By:
s �A 0Mane R. Voss, City Clerk
00 - 04714 �a;�
i
STATE OF IOWA }
)ss:
STORY COUNTY }
�,�(
On this J day of � f999, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and De 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. OD,oa9 Adopted by the City
Council on the/j day of ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their volunta19 act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed.
Notary Public in and or Sto County,Sawa
DILL L
i
ALL PURPOSE ACKNOWLEDGMENT CAPA X'Y CLAIMED BY SIGNER:
IVIDUAL
STATE OF rb&LV6 —CORPORATE
COUNTY OF ss: Title(s)of Corporate Officers(s):
On this day of ,2000, before me, the
undersi a N ry Pu is in and for said te, rsonally 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),
c ,-ad,
that by his/her/th ' ignature n the instrument the person(s), _ or TRUSTEE(s)
or the entity upW of whi the person )actA executed the instrument. — GUARDIAN(s)
----� _ or CONSERVATOR(s)
f (Sign in ink) _ OTHER:
µ, C , A= (Print/type name)
„= try Public in and for the State of
>.` • • c SIGNER IS REPRESENTING:
p d , - List name(s)of person(s)or entity(ies):
00 04 7 1 4 (3)
.1
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SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : ROBERT H. & LAD INE PETEF I SH
119 E. 13TH ST.
AMES, IA 50010
60'
NO SCALE
o ,
� o
LOT 9
0
N
119 E 13TH ST
13' 27.23
!Un N
!cn _ 47'
60' in in
35.42 7
v rn
E 13TH STREET
SIDEWALK & EEMPORARY CONSTRUCTION EASEMENT
FROM: ROBERT H. B. 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. :
n DATE:
05-35-454-090 — 0 T 17 1 4 04-