HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Nelson - 1306 Duff Avenue 00 - 047 1
• INST.NO.�
STONY NTY
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JPRETURN TO: _FILED FOR N��OND M
CITY CLERK'S OFFICE AM MAY 0 5 2000
PO BOX 811 �
AMES IA 50010-0811 Fll DE
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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 Department,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
Retum 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 Benjamin W.Nelson,
and Michele L. Nelson f/k/a Michele L. Ford, 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 $7,230.00 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 Mrd/driveway area,loss of surface paving,loss of tree/miscellaneous landscaping an
loss of tree in existing right of way.
�i
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.
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; _Day of , 2000.
01
CITY OF AMES,IOWA ABUTTING PROPERTY OWN, ° t
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h
By: By N r
Ted Tedesco, Mayor Benjamin W.Nelson
Attestfl By:
Kn ` Mic e e L.Nelson
By:,A-4 R ` )O-d1L
Diane R.Voss, City Clerk
00 - 04717
STATE OF IOWA }
}ss:
STORY COUNTY }
On this AA-A day of 1 ' , 2000, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Di• a 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. do GAO g Adopted by the City
Council on the L/day of ,2000, and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their volun act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed.
Notary Public in and for tfory 6unty.,49wa Q F
,,T1 L L 4. �,' P 1=iZ 6-� �-
rlr�M
ALL PURPOSE ACKNOWLEDGMENT CAXA Y CLAIMED BY SIGNER:
_P-INDIVIDUAL
j STATE OF_ ) _CORPORATE
COUNTY OF ss: Title(s)of Corporate Officers(s):
11
On this * day of 1441ol 12000, before me, the
undersigne a Notary Public in and for said State, person all appeared Corporate Seal is affixed
Afa
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 1, zACI' �Rr
to be the person(s) whose name(s) is/are subscribed to the within instrument and _ EXECUTORS , r`
acknowledged to me that he/she/they executed the same in his/her/their authorized _ AD MINIS TR. TOR(s),
capacity(ies),and that by his/her/their signature trument the person(s), _ or TRUSTFE( ,, ,
or the entity upon behalf of which the pe i(s)acted,execut d the i _ GUARDIAN(s`r C
_ or CONSEI;�ATOR
(NOTARY SEAL) (Sign in ink) — OTHER:'_'.
Ic (Print/type name) aQ
Notary Public in and for the State of toow
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ics):
00 - 04717
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : BENJAMIN W. NELSON & MICHELE L . FORD
1306 DUFF AVE.
AMES, IA 50010
NO SCALE
5'
3'
8' 134.4'
1
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> IM Q
Q 1 t,
LOT 6 0
1O i.9_51 0
0 1"'• o
9' 1
$' 134.4'
5 3.5
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: BENJAMIN W. NELSON & MICHELE L. FORD
SIDEWALK EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 6, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 5'; THENCE NORTH 60'; THENCE WEST 5'; THENCE SOUTH 60'
TO THE POINT OF BEGINNING.
CONTAINING 300 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 6, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 8.5'; THENCE NORTH 11'; THENCE EAST 9'; THENCE NORTH
14.5'; THENCE WEST 9.5'; THENCE NORTH 34.5'; THENCE; THENCE WEST 8'; THENCE SOUTH 60, TO
THE P01NT OF BEGINNING.
CONTAINING 629.26 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
00 - 04717 (4'