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Home My WebLink About~Master - Easement Agreement for Public Sidewalk - Banitt - 1313 Duff Avenue 00 - 04 727 INST.NO. STORY COUNTY, IOWA RETURN To: FILED FOR RECORD CITY CLERK'S OFFICE 1b, Po aox 811 AW, MAY 0 5 2000 7W AMES IA 50010-0811 BUSAN L.VANDE KAMP,Re000der Fff=WINQ FEE$ AtJDffOFVS FEE$_ 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 By&Public Works Department,515 Clark Avenue,Ames,Iowa 50010 Tax Statement to: N/A EASEMENT AGREEMENT PUBLIC SIDEWALK THIS AGREEMENT,entered into bythe City of Ames,(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 a width of e r right-of-way at a location herein described is not sufficient to the vvI the street gh ay th 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$1,380.00 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 damal?e for reduction of usable yard area, loss of surface paving and loss oftree in existing ri t of way. Ik 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 is 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 duly 26, 1995 By: BY: vn • Ted Tedesco, Mayor M. Patricia Banitt, Co-Trustee H hl� 9 r%4 a ;M Louis W. Banitt, Co-Trustee v Y a" Diane..R. Voss, City Clerk 00 - 0 4 7 2 7 �� STATE OF IOWA } }ss: STORY COUNTY } '?'0DO On this day of , 14", 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 ofits City Council, as contained in Resolution No. 00-UD q Adopted by the City Council on the//day of ,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 �my�o� � , executed. ' C� t* r> k oe D Notary Public in and or StoVy County, Iowa ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF Tool ) CORPORATE COUNTY OF !�IFOP-q ) ss: Title(s)of Corporate Officers(s): On this/_day of F RVAA� 12000, before me, the u dersigned,a Notary Publi in and for said State, rs affixed onally appeared /1'1, Corporate Seal is axed / /TT LOd/S Al /TT 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 be hi a pe n(s)acted,executed the instrument. _ GUARDIAN(s) _ or CONSERVATOR(s) (NOTARY SE (Sign in ink) _ OTHER: R e QYF (Print/t)pe name) Notary Public in and for the State of W SIGNER IS REPRESENTING: List e(s)of person(s)or entity(ies): �" •�; CARROLD.IIBcCRACKE9N In. 099-01 /f &a//7 - IPEYW,0415- MY COMMISSION EXPIRES y W 2,MZ 7Rysr� , Juc Ze! /995 00 - 04727 3 r SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : M. PATRICIA BANITT REVOC. TRUST M. PATRICIA 8 LOUIS BANITT TRUSTEES 2514 KELLOGG AVE. AMES, IA 50010 NO SCALE 1.37' 180' wJ"� Q > LiQ 0LOT 4 , O180'90, 90, 5' SIDEWALK 8 TEMPORARY CONSTRUCTION EASEMENT FROM: M. PATRICIA BANITT REVOC TRUST SIDEWALK EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA; THENCE WEST 5': THENCE NORTH 6.7'; THENCE NORTHEASTERLY 53.41'; THENCE EAST 2.63': THENCE SOUTH 60' TO THE POINT OF BEGINNING. CONTAINING 236.98 SQUARE FEET TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 4, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA, THENCE WEST 6': THENCE NORTHERLY 20.01': THENCE WEST 7': THENCE NORTH 5': THENCE EAST 7.5': THENCE NORTHEASTERLY 35.04': THENCE EAST 4': THENCE SOUTH 60' TO THE POINT OF BEGINNING. CONTAINING 335.51 SQUARE FEET. RECORDED: INSTRUMENT NO. : 00 - 0 4 7 2 7 C� DATE: 05-35-383-030