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HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Garcia - 111 East 13th Streetf • �� 00 - 04722 INST.NO. RETIIRN TO: E l V'SFIIL I`OF DRD RE CITY CLERK'S OFFICE AM MAY 0 5 2000 . o PO 811 AMLS I-I A 50010-0811 SUSAN L.VAND RB(�rd9r FO OMN0 FEE$ 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 Jerry S. Garcia, a single Berson ,(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$1,995.00 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 hmitedto:severance damage for reduction of usable yard area and 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 104 Day of 72000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS By: By: Ted Tedesco, Mayor a S. a cia td n ja"t r { Attest: By: By �A .�� Diane R. Voss, City Clerk f k 00 - 04 722 � � STATE OF IOWA } )ss: STORY COUNTY } �azs� On this 'OL day of ,4999; before me, a Notary Public in and for the State of Iowa, personally appeared Ted Tedesco and 41ane 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-©D 9 Adopted by the City Council on thel1day of ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their volunt4 as and deed and the voluntary act and deed of the corporatianr•by rt, of fily executed. a r� Nota Public in and for ttorAounty,Io `� #e" -_' •gyp; ., ALL PURPOSE ACKNOWLEDGMENT CAPA ITY CLAIMED BY SIGNER: ki IVIDUAL STATE OF _CORPORATE COUNTY OF ) ss: Title(s)of Corporate Ogicers(s): On this10Aday of _12000, before me, the undersigned,a No PuAAAAIAL ic in and f said State,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 persons)whose name(s) is/are subscribed to the within instrument and _ EXECUTOR(s), acknowledged to nie tlsat he/she/they executed the same in his/her/their authorized _ ADMINISTRATOR(s), capacity(ies),and that Mf&=9(Sign he instrument the person(s), _ or TRUSTEE(s) or,the entttup�i�vlehaexecuted___the instrument. _ GUARDIAN(s) or CONSERVATOR(s) (Sign in ink) _ OTHER: IZICHUD k , SAM (Print/type name) Notary Public in and for the State of SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): 00 - 04722 (3 ) SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : MARY TORNABANE 111 13TH ST. AMES, IA 50010 NO SCALE 90, LOT 5 -------------------------------------------------------- ----- 11113TH ST LOT 6 o 5' h r-i L / 515 E 13TH STREET SIDEWALK A, TEMPORARY CONSTRUCTION EASEMENT FROM: MARY TORNABANE SIDEWALK EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 90' LOT 6, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA; THENCE NORTH 5'; THENCE WESTERLY 90'; THENCE SOUTH 5'; THENCE EAST 90' TO THE POINT OF BEGINNING. CONTAINING 384.25 SQUARE FEET TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 90' OF LOT 7, BLOCK 7, DUFF'S j HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA, THENCE NORTH 6.5'; THENCE WEST 33.5'; THENCE NORTH 6.5'; THENCE WEST 5'; THENCE SOUTH 7'; THENCE WEST 51.5'; THENCE SOUTH 5'; THENCE EAST 90' TO THE POINT OF BEGINNING. CONTAINING 566 SQUARE FEET. RECORDED: INSTRUMENT NO. : DATE: 00 - 04722 4. 05-35-383-050