HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Cogdill - 125 East 13th Street , 00 - 04 7 19
INST,NO.
S I NTY
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RETURN To• 10;_ �j ORD M
CITY CLERK'S OFFICE AM D
ro sog 811 MAY 0 5 2000 ��ANES IA 50010-0811 SUSAN L.VANO K P RROOK* a
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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)
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 Robert P. Cogdill,
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 $3,840.00 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 waving and loss of hedge/bushes/miscellaneous
landscaping_
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 �kl' ,2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
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By: By: `
Ted Tedesco, Mayor Robert PKCogdill
Attest: By:
Diane R. Voss, City Clerk
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00 - 04719 ��.
STATE OF IOWA }
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STORY COUNTY }
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On this 3 day of , before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and ane 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. OD—nU Adopted by the City
Council on the71 day of f ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution
ofthe instrument to be their voluntai act and deed and the voluntary act and deed of the corporation,by-it-voluntarily
executed.
Notary Public in and for§tory
to .......
ALL PURPOSE ACKNOWLEDGMENT CAP ITY CLAIMED BY SIGNE
_ NDIVIDUAL
STATE OF _CORPORATE
COUNTY OF ss: Tide(s)of Corporate Officers(s):
On this RA _day of !2M,AdU 12000, before me, the
undersigned,a No=p and for i te,personally 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) islare subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that he/she/they executed the same in his/her/their authorized _ ADUMSTRATOR(s),
capacity(ies),and that by his/her/their si he instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of which rson(s)acted,a d-th�ent. — GUARDIAN(s)
or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
(Print/t3W name)
`r Notary Public in and for the State of ��
SIGNER IS REPRESENTING:
List names)o person(s)or entity(ies):
All
00 - 04 7 19 ��
1 F
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : NORWEST MORTGAGE INC.
c/o RED DEPT.
7495 NEW HORIZON WAY
FREDERICK , MD 21703
NO SCALE
w
90'
a 125 13TH ST
LOT 7
0
o �0 �n
.5' (6 5.5' (0 <t 6.03'
\
14 u�
� 47.52' jr `16.52yr •_•i.
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: NORWEST MORTGAGE INC.
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA; THENCE WEST 90'; THENCE NORTH 5'; THENCE WEST 90'; THENCE
SOUTH 5' TO THE POINT OF BEGINNING.
CONTAINING 450 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA, THENCE EAST 90'; THENCE NORTH 6'; THENCE NORTHWESTERLY 6.03';
THENCE NORTH 4.5'; THENCE WEST 14'; THENCE SOUTH 4.5'; THENCE NORTHWESTERLY 16.52';
THENCE NORTH 6.5'; THENCE WEST 5.5'; THENCE SOUTH 6.5'; THENCE NORTHWESTERLY 47.52';
THENCE NORTH 1.5'; THENCE WEST 0.5'; THENCE SOUTH 9' TO THE POINT OF BEGINNING.
CONTAINING 726.08 SQUARE FEET.
RECORDED:
INSTRUMENT NO. :
�0 _ 0 4 ? 1 9 DATE:
OS-35-383-070 C�-