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HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Sikes - 115 East 13th Street R 00 - 04 72Q INST.NO. SF© ®FORAD A RETN TO: 10N— � � E AM ✓M CITY CLERK'S OFFICE MAY 0 5 2000 � PO Box 811 dallD AMES IA 50010-0811 BUSAN L.VAND I ROo0fd6r o plOORDNQ FEE; '8 FEE 8.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 Richard L. Sikes and Guila A. Sikes 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 C' does not need additional right-of-way for vehicular purposes, but does for pedestrians rtY � 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 siaevialk 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$1.650.00 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. AbuttingProperty Owners hereby rant ermission and authority to the City to use the said land for a public P g P 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 Zel Day of i�?RR�N , 2000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS By: By: Ted Tedesco, Mayor Richard L. Sikes , . A t Attest By. r ila A. Sites 4 �xane R Y qs, City Clerk Y +a y - W < x x 00 - 04720 �7�� 1 STATE OF IOWA } }ss: STORY COUNTY } On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ted Tedesco and D• 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 ofits City Council, as contained in Resolution No. 00-00 R Adopted by the City Council on theZday of ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntarAct and deed and the voluntary act and deed of the corporation;ky.it volWtarily executed. Notary Public in and for Story Co ty,dow ALL PURPOSE ACKNOWLEDGMENT CAACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF _CORPORATE COUNTY OF ss: Title(s)of Corporate Offcers(s): On this day of /MWVL ,2000, before me, the undersign Ma =otaryplic i i and r said e rsonally appeared Corporate Seal is affixed '' No Corporate Seal procured J4 PARTNER(s): 16 ni personally known Limited Partnership to me on the basis of satisfactory evidence General Partnership ATTORNEY tc%be tlte,perspr.$) 6k. name(s) is/are subscribed to the within instrument and _ EXECUTOR(s), ackowledged to_tne,ft he/she/they executed the same in his/her/their authorized ADNIINISTRATOR(s), cacti „arid`tpy his/her/their signs on the inst ent the person(s), _ or TRUSTEE(s) or`the t y*;a half f which the pe s)acted,a uted th instrur GUARDIAN(s) _ or CONSERVATOR(s) (NOTARY SEAL) (Sign in ink) ! OTHER: (Print/t W name) Notary Public in and for the State of SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): 00 - 04720 �� i SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : RICHARD L . & GUILA A. SIKES 115 E. 13TH ST. AMES, IA 50010 60' NO SCALE 0 so 0 tO LOT 8 0 ro 115 E 13TH ST N 16_5' 8, N 60' E 13TH STREET SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT FROM: RICHARD L. & GUILA A. SIKES SIDEWALK EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH 4.5'; THENCE NORTHWESTERLY 60'; THENCE SOUTH 5'; THENCE EAST 60' TO THE POINT OF BEGINNING. CONTAINING 281.55 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 8, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH 6.5'; THENCE NORTHWESTERLY 34.1'; THENCE WEST 8.8'; THENCE NORTH 2.5% THENCE WEST 16.5'; THENCE SOUTH 11'; THENCE EAST 60' TO THE POINT OF BEGINNING. CONTAINING 511.29 SQUARE FEET RECORDED: INSTRUMENT NO. : 00 - 0 4 720 DATE: 05-35-454-100