HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Smith - 120 East 13th Streeti
00 - 04 725
INST.NO.
` RETM TO: I STORY COUNTY, IOWA
L44A—
CITY CLERK'S OFFICE. FILED FOR RECORD M
AMAM 811 AM MAY 0-5 2000 � D
ES I 1A 50010-0811
SUSAN L.VAN® =rdv ew
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 Jerry D. Smith and
Judith A. Smith,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 Citydoes not need additional right-of-way for vehicular purposes,but does for pedestrians
P rP
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:
1
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$4,060.00 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 of this agreement. Damages included but are not limited to: Loss of
trees/miscellaneous landscaping, loss of surface paving
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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.
VIIl.
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 7,1 Day of 40k/L , 2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
JBy: By: ,
Ted Tedesco, Mayor J D. S1
Attest By:
yh udith A. Smith
�ptane R Voss, City Clerk
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00 - 04 7 25 C�
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STATE OF IOWA }
}ss:
STORY COUNTY }
On this—:L-—day of_/�( , .Ism'before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and eane 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`7 Adopted by the City
Council on the/Z day of , 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 it voluntarily
executed. 4, a
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Notary Public in and for S ory County,.I&a
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
r, INDIVIDUAL
STATE OF La a_ _CORPORATE
COUNTY OF 154o ss: Tide(s)of Corporate Officers(s):
On this 21�day of -74;;e,n ,2000, before me, the
undersigned, a Nota Public in and for said State,personally appeared Corporate Seal is affixed
"�rM ( '-Tud i'I- k A . S nr :s4 kr 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,executed the instrument. _ GUARDIAN(s)
��� _ or CONSERVATOR(s)
(NOTARY SEAL & tee! -- (Sign in ink) _ OTHER:
,0 A. s C I N DY K (Print/type name)
MY Comm ISS1Q�1t:xPll�li in Ad for the State of ---
#,p SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
00 - 04725 ��
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : JERRY D & JUD I TH A SMITH
P.O. BOX 808
AMES, IA 50010
E 13TH STREET NO SCALE
iD
� N
57' v
N
120 E 13TH ST
LOT 3
4
N
M
57'
SIDEWALK 8. TEMPORARY CONSTRUCTION EASEMENT
FROM: JERRY D & JUDITH A SMITH
SIDEWALK EASEMENT:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST 57' OF THE WEST 66.5' OF LOT 3,
EMERY'S SUBDIVISION, AMES, STORY COUNTY, IOWA; THENCE SOUTH 4.5'; THENCE EASTERLY 57.4';
THENCE NORTH 4.26'; THENCE WEST 57' TO THE POINT OF BEGINNING.
CONTAINING 254.04 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE NORTHWEST CORNER OF THE EAST 57' OF THE WEST 66.5' OF LOT 3,
EMERY'S SUBDIVISION, AMES, STORY COUNTY, IOWA; THENCE SOUTH 11.5'; THENCE EAST 24'; THENCE
NORTH 2.5'; THENCE NORTHEASTERLY 32.48'; THENCE SOUTH 5'; THENCE EAST 1'; THENCE NORTH
11.5': THENCE WEST 57' TO THE POINT OF BEGINNING.
CONTAINING 539.85 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
00 - 04 7 25
� DATE:
09-0?-900-020