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Home My WebLink About~Master - Easement Agreement for Public Sidewalk - Turner - 1322 Duff Avenue INST.NO. 00 - 0472 1 /,4-4v jbS1 STORY COUNTY IOWA M FILED FOR REf�tlRl� p RETURN To: AI1l� MAY 0 5 7Qpp CITY CLERK'S OFFICE PO BOX 811 SUSAN L.VANC � Rr00?!td�t AMES IA 50010-0811 ANMINSFU$ 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 By&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 Troy P. Turner and Shelly S. Turner,husband and wife,(hereinafter called"Abutting Property Owners'); III 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 li accommodate both street paving and sidewalks and still maintain adequate clearance between vehicular traffic and pedestrians; and, for WHEREAS,the City does not need additional right-of-way for vehicular purposes,but does f pedestrians only,the Abutting Property Owners ant permission for public sidewalk to exist over the land described as g oP rtY �" p 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: II 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$449.00 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 and tree in existing ri -of-way(City agrees not to remove the tree but cannot xuarantee it will not sustain damaged to its roots) 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. Vl. 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 a i Day of r E 13 9 UA K Y , 2000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS By: B T Ted Tedesco, Mayor r P. Turner Attests a� By: ' tt Sh S. T e r Diane R. Voss, City Clerk j' 00 - 04721 �� 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 iane 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. aD^DD 4 Adopted by the City Council on the&day of j ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntaYy act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. " Notary Public in and for to ountgg, oya ,you 3-17 VYcil ,a.! � ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _✓INDIVIDUAL STATE OF 1owA ) _CORPORATE COUNTY OF SToKy ) ss: Title(s)of Corporate Officers(s): On this . dayof EE6KUAt_Y 2000, before me, the undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed T=Y P. ruwEK AUD SMELLY S. TurtjF-K 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 _ ADMINISTRATOR(s), capacity(ies),and that by his/her/their signature(s)on the instrument the person(s), _ or TRUSTEE(s) or the entity upon behalf of which the person(s)acted, ecuted the instrument. _ GUARDIAN(s) _ or CONSERVATOR(s) (NOTARY SEAL) (Sign in ink) _ OTHER: l.,t ODA L. POOL- (Print/t3W name) Notary Public in and for the State of IOt-JA SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): x* w� LSIND-aA M COMMIS I RE8G•fL, 00 - 04 72 1 i SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : OLAN F . FARNALL 1322 DUFF AVE. AMES, IA 50010 NO SCALE 8' 2 134.4' i i00 N laJ W 1 > > 1 u' ,� o r•��Q O LOT 3 1 6.5' 04 1 - N c0 N 1 ~ tq N N 1 8' 134.4' N N 0.75' 1 .25' SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT FROM: OLAN F. FARNALL SIDEWALK EASEMENT: COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 3, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE EAST 0.75'; THENCE NORTHWESTERLY 21.27'; THENCE SOUTH 21.25' TO THE POINT OF BEGINNING. CONTAINING 7.97 SQUARE FEET. TEMPORARY CONSTRUCTION EASEMENT: COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 3, FRIEDRICH'S 5TH ADDITION, AMES, STORY COUNTY, IOWA; THENCE EAST 2'; THENCE NORTH 27'; THENCE EAST 6.5'; THENCE NORTH 4.5'; THENCE WEST 6.5'; THENCE NORTH 28'; THENCE WEST 2 • THENCE SOUTH 60 TO THE POINT r OF BEGINNING. CONTAINING 147.82 SQUARE FEET RECORDED: INSTRUMENT NO. : DATE: