HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Terrones - 125 East 13th Street INST.NO. O 0 0 7 3 91
STORY COUNTY, IOWA 3
FILED FOR RECORD
D A' JUL 05 2000 PM
BUSAN L.VANDE M D,Roc der
ll�lfl�1$.... .1�.
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Graham Land Acquisition Assoc.for the City of Ames,Public Works Department,Ames,Iowa 50010(Phone:515-239-5163)
Retum to: Jerry By&Public Works Departrnert,515 Clark Avenue,Ames,Iowa 50010
Tax Statement to: N/A
CITY OF AMES
TEMPORARY EASEMENT AGREEMENT
FOR CONSTRUCTION
THIS AGREEMENT, entered into by the City of Ames, (hereinafter called"City"), Mark J. Terrones and
Deborah A. Terrones husband and wife , (hereinafter called"Property Owner');
Property Owners grant unto the City of Ames, Iowa, a municipal corporation its successors and assigns,
including any public utility, agents, contractors, and employees designated by the City, a temporary right to
enter in,upon, onto,over and across 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.
City shall bear the entire cost of designing and constructing the road improvements. The City shall pay the
Property Owners$50.00 for temporary use of the above described property. In addition to the R I�ment The City agrees to replace all disturbed grass areas with sod aKd jAadj/in
The City agrees to construct the driveway with the same or less slope then it is at present
The City agrees to cut the driveway before any jack hammering occurs
The City agrees the driveway will be constructed with 9 inches of concrete with polycoated re-rods bored into
existing drive cement to keep it in place
The City agrees to reimburse the property owners if trees show signs of dying within 5 years of the completion
of the project
The City agrees to have the property owner select the style and color of the block to be used to construct the
retaming wall from readil available manufactured stock
The City agrees to construct the retaining wall 42"high +.,,)i-W r" rn Ovi
The Citv aarees to not Durchase the retaining wall blocks from KCI
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rallapparent
It is understood and a reed the consideration for this a ement includes full co ensatiog gr mp
damages caused by the exercise of this agreement. Damages included but are not limited to: temporary
construction easement
i
III.
City hereby gives notice of the Property Owners five-year right to renegotiate construction or maintenance
damages not apparent at the time of the signing of this agreement, as required by Section 6B.52 of the Code
of Iowa.
IV.
City will assume all liability for all damages to the above described property caused by the City's failure to
use due care in its exercise of the rights granted.
V.
Possession of the premises is the essence of this agreement,Property Owners grant to the City the immediate
right to enter the above described property.
VI.
This agreement shall terminate upon completion of the 131 Street and Duff Avenue Widening and Patching
and Resurfacing Project.
VII.
This writing constitutes the entire agreement between the City and the Property Owners, and there is no
agreement to do or not to do any act or deed except as specifically provided for herein.
Vill.
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.
IX.
This easement will be null and void if the 2 pine trees nearest to 131 Street,located on the property of James
Poffenberger are not removed.
X.
All conditions listed herein are approved by Paul D.Wiegand, Public Works Director.
By. .
Paul D.Wiegand
00 - 073 91 CZ)
t
Signed the day of ) 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor ark J. Ter es
Attest k, , � By: -
Deborah . Terrones
i R. Voss, City Clerk
i
00 - 073
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day of , 2000, 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,ofthe 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 authopty ofits City Council,as contained in Resolution No. 190-OD f 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 voluniUry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and forStorV County, Icrii
CO��-m . ���Irse4 • •
ALL PURPOSE ACKNOWLEDGMENT CA
PACITY CLAIMED BY SIGNER:
INDIVIDUAL
STATE OF t OWA ) _CORPORATE
COUNTY OF 5T=Y ) ss: Title(s)of Corporate Officers(s):
On this RI day of TUNE- .2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
MAK.K. S_ -rEK.R o N r 5 D E M R A.4 A. "t-F 's 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)as/are subscriber)to the within instrument and _ EXECUTOR(s),
acknowledged to me that 4e/she/they executed the same in kisAw/their authorized — ADMINISTRATOR(s),
capacity(ies),and that by 4ti +w/their signature(s)on the instrument the person(s), — or TRUSTEE(s)
or the entity upon behalf of which a person(s)actod.executed the instrument. , GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) i OTHER:
41IUDA L. #tVL, (Print/type name)
Notary Public in and for the State of I&A. A
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
g LINDA L.POOL
MY CO5•MMISSION EXPIRES
o.P .7�1 0
00 - 07391 N)
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : MARK J 8 DEBORAH A TERRONES
125 E. 13TH ST.
AMES, IA 50010
NO SCALE
71.2'
0
ao
0
N
LOT 10
125 E 13TH ST
a,
c-� 70.41' ui
'i
io 71.2' c.
ri
E 13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: MARK J & DEBORAH A. TERRONES
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 1.2'; THENCE NORTHWESTERLY 70.41'; THENCE SOUTH 3.6'; THENCE
EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 168.89 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 10, FRIEDRICH'S 5TH ADDITION, AMES, STORY
COUNTY, IOWA; THENCE NORTH 6.5'; THENCE SOUTHWESTERLY 15.68'; THENCE NORTHWESTERLY
48.84'; THENCE WEST 6'; THENCE SOUTH 6.5'; THENCE EAST 71.2' TO THE POINT OF BEGINNING.
CONTAINING 409.09 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-080 0 0 - 0 7 3 91 ��/