HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Grzywacz - 1315 Duff Avenue 00 - 073 93
INST.NO.
STORY COUNTY,IOWA
O FILED FOR RECORD
JUL 0 5 2000 PM
SU8AN L.VANDE KAMP,RecWAr 5
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:515-239 516�
Return to: Jerry Byg Public Works Department,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"), and John G. Grzywacz
and Lisa M. Grzywacz 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:
1.
City shall bear the entire cost of designing and constructing the road improvements. The City shall pay the
Property Owners$60.00 for temporary use of the above described property. Qy a r s to remove the cement
for the driveway that currently access Duff Avenue.
IT.
It is understood and agreed the consideration for this agreement includes fiill compensation for all apparent
damages caused by the exercise of this agreement. Damages included but are not limited to: temporary
construction easement
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.
4'
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 13"'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.
Signed the ` day of *Z ) 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor G. 4rqlwe
VV
Attest: By ,5W
4.
r Lisa M. rzywacz
Diane R. Voss, City Clerk
F
µ �
� b
00 - 073 93 ( Z)
STATE OF IOWA }
)ss:
STORY COUNTY }
On this clay of ,-}999; 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. OD-D,O 9 Adopted by the City
Council on the/L day of ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their voluntary Act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for Sto ounty, Iowa i�- ' s
S t �' ♦ 0.
ALL PURPOSE ACKNOWLEDGMENT CAP ITY CLAIMED BY SIGNER:
_ IVIDUAL
J STATE OF 011A ) _CORPORATE
COUNTY OF ArAIAI _—) ss: Title(s)of Corporate Officers(s):
On this day of 12000, before me, the
undersi e a otary Public in qjn for 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 pprsgn(s) whose name(s) is/are subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that he/she/they executed th me in his/her/their authorized _ ADMINISTRATOR(s),
capacity(*s)aand;that by his/her/their si ure(s)on t instrument the person(s), _ or TRUSTEE(s)
or: ;amity'itpo` iehaIf of which th rson(s)acted,ex uted th ent. _ GUARDIAN(s)
_ or CONSERVATOR(s)
�46-T oy SEAL) (Sign in ink) _ OTHER:
(Print/type name)
,A,N6tary Public in and for the State of 7"d W A
SIGNER IS REPRESENTING:
4 „ . List name(s)of person(s)or entity(ies):
00 - 073 93 (�)
' 15
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT NAA
I4�
OWNER , JOHN G. & L I SA M. GRZYWACS
1315 DUFF AVE.
AMES, IA 50010
NO SCALE
1 .98'� 0.52'
i
180'
.1
I w 7.5'
LOT 3
lid N Q
0 0 7.5' o o u-
1
tn
1
rn 1
180' .-
12.87'
2.63'
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: JOHN G. & LISA M. GRZYWACS
SIDEWALK EASEMENT:
COMMENCING AT TREYS OWA;ET THENCE WEST OF LOT
THENCE NORTHEASTERLY HIGHLAND
60 02'PTo,HRENCEDi
AMES, STORY COUNT
EAST 0.25'; THENCE SOUTH 60' TO THE POINT OF BEGINNING.
CONTAINING 94.55 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT TNTYS OW A,ET ENCEO WEST 015.5; THENCE NORTHLOCK 7 D I)3 5; TH HIGHLAND
TTHENCE EDDI
AMES, STORY COU I
THENCE NORTHEASTERLY7.5';
NORTH 21.5'. THENCE EAST 2 5'; THENCE SOUTH 60' TO THE POINT OF BEGINNING.
CONTAINING 373.21 SQUARE FEET.
RECORDED:
INSTRUMENT NO. :
DATE:
C. arlsa » , MCClure & Associlates , Inc .
05-35-383-020
00 - 073 93 (y)