HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Banitt - 101 East 13th Street Y
0 - 0472g
INST.NO. Y
ORY COUNTY,IOWA M
RETURN TO: 104aNTILED FOR RECORD
CITY CLERK S OFFICE � MAY 0 5 2000 %M
PO BOX 811
AMES IA 50010-0811 SUSANL.VANDE Rya
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus City of Ames Legal Depattment,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
PUBLJC SIDEWALK
THIS AGREEMENT,entered into bythe City ofAmes,(hereinafter called"City'),and M.Patricia Banitt and
Louis W.Banitt,as Trustees ofthe M.Patricia Banitt Revocable Trust dated July 26 1995,(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$5,420.00 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 loss of surface Raving and loss of tree in existing right of way.
{
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.
VM
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 LS A Day of , 2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
M. Patricia Banitt and Louis W. Banitt, as
Trustees of the M. Patricia Banitt Revocable
Trust,dated July 26, 1995
By: By:
Ted T esco, Mayor M. Patricia Banitt, Co-Trustee
Attest, F By: a�^^
Louis W. Banitt, Co-Trustee
m By.
Diane Vass,,city Clerk
00. -- 04 1 2 6
2 -
STATE OF IOWA }
}ss:
STORY COUNTY }
q �DO�
On this day of-- / , 4999; before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Diane 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. 00 -61�4 I Adopted by the City
Council on the 11 day of�L3 , 2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their voluntao act and deed and the voluntary act and deed of the corporation,,by it voluntarily
executed.
i% A
Notary Public in and for§to Co'u'n.1y,,'JoNva
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
-INDIVIDUAL
STATE OF TWA ) CORPORATE
COUNTY OF STORY ) ss: Title(s)of Corporate Officers(s):
On this 15 day of FAV,4ey ,2000, before m , the
undersigned,a Notary Public in and for said Stale,personally appeared Corporate Seal is affixed
, ow Awrr 449 /ovis ul_ /TT- No Corporate Seal procured
_ PARTNER(s):
to me personally known Limited Partnership
or — i��proved to me on the basis of satisfactory evidence General Partnership
TORNEY-IN-FACT
to be the person(s) whose name(s) is/are subscribed to the within instrument and XkUTOR(s),
acknowledged to me that he/she/they executed the same in his/her/their authorized _ 6WINISTRATOR(s),
capacity(ies),and that by hi /their signature(s)on the instrument the person(s), or TRUSTEE(s)
or the entity upon beha pe n(s)acted,executed the instrument. _ GUARDIAN(s)
or CONSERVATOR(s)
(NOTARY SE (Sign in ink) _ OTHER:
eCwACW4EF&J (Print/t)W name)
Notary Public in and for the State of --I�)u9A
SIGNER IS REPRESENTING:
List name(s)of persons)or entity(ies):
o• �� ROL C.MCCRAC.KEI
CAR �A Q
r MY C MMISSION EXPIRES /7T 4beA -d4
00 - 04726 �3
F
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : M. PATRICIA BANITT REVOC. TRUST
M. PATRICIA & LOUIS BANITT TRUSTEES
2514 KELLOGG AVE.
AMES, IA 50010
NO SCALE
N
`n � 5'
6.5'
90, iC!r.r
.t L•.
�i
10.58' N!
1
LOT 5 j'•.i
i w
l N a
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e7.i
1
-L10:5
101 13TH ST
LOT 6 C1'
O
4.5' tO
c0 �r1�.
1" i
36' --0 i ... . . .....,`}c.
67.59'
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: M. PATRICIA BANITT REVOC TRUST
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 90' OF LOT 6, BLOCK 7, DUFF'S
HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA; THENCE EAST 90'; THENCE NORTH 120';
THENCE WEST 5'; THENCE SOUTH 95.28'; THENCE CONCAVE SOUTHWEST 31.38'; THENCE WEST
67.59'; THENCE SOUTH 5' TO THE POINT OF BEGINNING.
CONTAINING 1116.67 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE EAST 90' OF LOT 6, BLOCK 7, DUFFS
HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA, THENCE EAST 90'; THENCE NORTH 120';
THENCE WEST 6'; THENCE SOUTHERLY 5.52'; THENCE WEST 6.5'; THENCE SOUTH 4.5'; THENCE
EAST 6.5% THENCE SOUTH 24.5'; THENCE NORTHWESTERLY 10.58'; THENCE SOUTH 37.5'; THENCE
EAST 10.5'; THENCE SOUTH 27.41'; THENCE CONCAVE SOUTHWESTERLY 29.29'; THENCE WEST
26.27'; THENCE NORTH 6% THENCE WEST 4.5'; THENCE SOUTH 6% THENCE WEST 36'; THENCE
SOUTH 6.5' TO THE POINT OF BEGINNING. RECORDED:
CONTAINING 1838.63 SQUARE FEET. INSTRUMENT NO. :
GATE:
05-35-383-040 O OO4 7 2 6 l4 J