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HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Whaley - 1304 Duff Avenue ' INST.NO. " 04 7 16 STORY CO NTY IOWA J M 'O� FILE=n FOR R.RETURN TO: RD iler CITY CLERK'S OFFICE MAY 0 5 2000 p PO BOX 811 SUSAN L.VAND P Recorder AMES IA 50010-0811 FUMMING FEE f$ ___� DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by'John R.Klaus City of Ames Legal Department,515 Clark,Ames Iowa 50010(Phone:515-239-5146) Return to: Jerry Byg,Public Works Department,515 Clark Avenue,Ames,Iowa 50010 Tax Statement to: N/A EASEMENT AGREEMENT PUBLIC SIDEWALK THIS AGREEMENT,entered into by the City of Ames, (hereinafter called"City"),and Michael E.Whaley and Karen Kay Whaley.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 safety; and, 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. II. The City shall bear the entire cost of designing and constructing the sidewalk and associated improvements. The City shall pay the Abutting Property Owners $6,500.00 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 damage for reduction of usable yard area/driveway area and loss of rock/Mvel surfacing 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 of the 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 4 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 XZ Day of 4*11-- 72000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS By: "fed Tedesco, Mayor Michael E. Ati 'it � By: l� u Li off' Karen Kay Whaley Diane R.:Voss,City Clerk ,. 00 - 04 7 1 6 /�1 i STATE OF IOWA } }ss: STORY COUNTY } ,?Qo0 On this day of ,.W99-, before me, a Notary Public in and for the State of Iowa, personally appeared Ted Tedesco and D46e 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 of its City Council, as contained in Resolution No. ©O-DD 9 Adopted by the City Council on the r/day of faiy4 ,2000,and that Ted Tedesco and Diane R.Voss acknowledged the execution of the instrument to be their voluntail act and deed and the voluntary act and deed of the corporation,,by-it voluntarily executed. , Notary Public in d or Sto ou ,Iowa r ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF Tow,4 ) _CORPORATE COUNTY OF SToiV ) ss: Title(s)of Corporate Officers(s): On this 12 day of 4PRIL_ 12000, before me, the un ersigned,a Notary Public in and for said State,personally,appeared Corporate Seal is affixed > ICFl4C. (+t/f(f{ rf && 9,4R� `CAJ 04A(,EV 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 _ ADM NISTRATOR(s), capacity(ies),and that by eir signature(s)on the instrument the person(s), _. or TRUSTEE(s) or the entity upon beha o e son(s)acted,executed the instrument. _ GUARDIAN(s) _ or CONSERVATOR(s) (NOTARY SE T (Sign in ink) OTHER: c EIJ (Print/type name) Notary Public in and for the State of ;Co WA SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): CARROL D.NIcCRACKEN MY COMMISSION EXPIRES r ZA0Z 00 - 04 7 1 6 �� SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : MICHAEL & KAREN WHALEY 1304 DUFF AVE. AMES, IA 50010 NO SCALE 5' 8' 134.4' Q �M 1 o LOT 7 LL � Ln O 1 M 22' N 43.91 ' �1- - - - -`v 41.5' 10.5' •-•-•-•-•-•-•. g' 134.4' in E 13TH STREET SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT FROM: MICHAEL 8 KAREN WHALEY SIDEWALK EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH 5'; THENCE WEST 109.52'; THENCE CONCAVE NORTHWESTERLY 31.79'; THENCE NORTH 33.57'; THENCE WEST 5'; THENCE SOUTH 60'; THENCE EAST 134.4, TO THE POINT OF BEGINNING. CONTAINING 1026.45 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH 7.5'; THENCE WEST 41.5'; THENCE NORTH 4'; THENCE WEST 22'; THENCE SOUTH 3.5'; THENCE WEST 43.91'; THENCE CONCAVE NORTHWESTERLY 25.02'; THENCE NORTHWESTERLY 35.75'; THENCE WEST 8.5% THENCE SOUTH 60'; THENCE EAST 134.4, TO THE POINT OF BEGINNING. CONTAINING 1686.67 SQUARE FEET RECORDED: INSTRUMENT NO. : DATE: 00 - 04716 C¢ 05-35-454-110