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HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Poffenberger - 133 East 13th Street 00 - 04718 INST.N0. t €Tp�UN M RETM TO: Q FILED FOR FiE�J1�D p CITY CLERK'S OFFICE M MAY 0 5 2000 ° PO BOX 811 AMES IA 50010-0811 SUSAN L.VAND �� P, aiNo FEEa MOM Fu I -r-- -- 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 James A. Poffenberger, a single person (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 $610.00 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/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 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 17 Day of A Pr 1 L- 12000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS By: I �v By: ,Zz�f, Ted Tedesco, Mayor James A. Pollen ger Attest u a, ` By: ; tr By—, x JdQ/0 P) ?tae R Voss, City Clerk r S t 5 4 1 S. 1. 00 - 047 1 S ��� STATE OF IOWA } }ss: STORY COUNTY } On this day of Ala , 49W, 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,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 of its City Council, as contained in Resolution No. OO-©D 1 Adopted by the City Council on the/1 day of s:ra , 2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their volunta act and deed and the voluntary act and deed of the corporation,by.t#voluntgnly executed. e Notary Public in and for tory 09irty, Iowa C&7-,VM, l��.r;Lf�i�7.(/V �' /�'©� •,��� � a•Y�ffJ F '�" �L xck '. t/ i Yy. ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF 10 WA ) ,CORPORATE COUNTY OF STa Ky ) ss: Title(s)of Corporate Officers(s): On this 17—dayof APKIL 12000, before me, the undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed 7A!'''�E 5 A. POFFEAU,t3E1CGEK 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/a#e subscribed to the within instrument and _ EXECUTOR(s), acknowledged to me that he/ hey executed the same in his/her#kci;authorized — ADMTNISTRATOR(s), capacity(ies),and that by his/494their-signature(s)on the instrument the person(s), — or TRUSTEE(s) or the entity upon behalf of which t e person(s)a d,executed the instrument. _ GUARDIAN(s) _ or CONSERVATOR(s) (NOTARY SEAL) (Sign in ink) _ OTHER: L w DA L. PIL)l (Print/type name) Notary Public in and for the State of I6&)A SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): LINDA L.POOL MY COMMISSION EXPIRES owr. 5.ay.� 00 - 04 7 1 8 �� f SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : JAMES A POFFENBERGER 133 E. 13TH ST. AMES, IA 50010 NO SCALE 71.2' LOT 11 w a J J O 133 E 13TH STIr v a Ln 32.68_ _,_,_, f�_81_ 37.45' o 37.43' 31.76 71.2' E 13TH STREET SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT FROM: JAMES A. POFFENBERGER SIDEWALK EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 11, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE WEST ALONG THE SOUTH PROPERTY LINE OF SAID LOT; THENCE NORTH- WESTERLY 37.54'; THENCE SOUTH 1.1' THENCE EAST 71.2' TO THE POINT OF BEGINNING. CONTAINING 20.59 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 11, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH ALONG THE EAST PROPERTY LINE OF SAID LOT 8.5'; THENCE NORTHWESTERLY 36.81'; THENCE SOUTHWESTERLY 32.68'; THENCE SOUTH 6.5' TO THE SOUTH PROPERTY LINE OF SAID LOT; THENCE EAST 71.2' TO THE POINT OF BEGINNING. CONTAINING 608.05 SQUARE FEET RECORDED: INSTRUMENT NO. : 00 - 04 71 8 (4), DATE: 09-35-454-070