HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Small - 1312 Duff Avenue 1
` 00 - 07395
INST.NO.
`✓ STORY COUNTY, IOWA
FILED FOR RECORD ,Z
JUL 05 2000 PM
SUSAN L.VANDE WkP,Recorder S
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)
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 Penny L. Small,
formerly Penny L. Tam, (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 $5,890.00 for temporary use of the above described property. In addition to the payment
The City agrees to replace all disturbed grass areas with sod.
The City agrees to widen and pave the driveway to as close to the south property line as possible,easterly back
to the existing fence.
The City agrees to reimburse the property owner if the one tree located at Sta.314+60,Right side(12")shows
signs of dying within 5 years of the completion of the proiect
The City agrees to make all reasonable attempt to have the driveway reconstructed and the property accessible
to automobile traffic within 5 days. k b
Ike (` a�rees'f& 27-Ft. w:h eorb Cut -1� dr�vew. wrf{tthtc�roae are eq�en�w1 a'ft ���"
Where -tQe IotiQk of tte si�eu�al�[ and olr� ewaxl iniersee . IYj
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:severance damage
for reduction of usable yard/driveway area loss of surface paving and loss of tree/miscellaneous landscaping.
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 613.52 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 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.
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.
Signed the Z Z day of J VNE 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
7;i By: By: !21
Ted Tedesco, Mayor Penny L. 9mall
r
Attest. By:
g By: Gl�lp
Diane R. Voss; City Clerk
00 07395
Y
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,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-DD 4 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 volu t ry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Notary Public in and for Sto panty, Iowwa
;s
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF -T)DyjA ) —CORPORATE
COUNTY OF c_5C0Pq ) ss: Title(s)of Corporate Officers(s):
On this?,7day of jt)ME 2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared 90JN Corporate Seal is affixed
L' No Corporate Seal procured
PARTNER(s)-
or pme personally known Limited Partnership
roved 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 beha whi a pens (s)acted,executed the instrument. _ GUARDIAN(s)
-- or CONSERVATOR(s)
(NOTARY SE (Sign in ink) _ OTHER:
oL (Y�c (Print/type name)
Notary Public in and for the State of :370W A
SIGNER IS REPRESENTING:
4� eL CA `®.McCPACKEN List name(s)of person(s)or entity(ies):
INY COMMISSION EXPIRES
T �f 200
0 0 - 073 95 ( 3)
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : LARRY L. & PENNY L. TAYLOR
1312 DUFF AVE.
AMES, IA 50010
NO SCALE
8' 134.4'
W
s O 4
to I o LOT 5 tO
110,
I~
8' 12' 134.4'
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: LARRY L. & PENNY L. TAYLOR
SIDEWALK EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 5, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 2'; THENCE NORTHERLY 60.033' TO A POINT 8' EAST OF
THE NORTHWEST CORNER OF LOT 5'; THENCE SOUTH 60' TO THE POINT OF BEGINNING,
CONTAINING 60 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING 8' EAST OF THE SOUTHWEST CORNER OF LOT 5, FRIEDRICH'S 5TH ADDITION, AMES,
STORY COUNTY, IOWA; THENCE EAST 17'; THENCE NORTH 17'; THENCE WEST 10% THENCE
NORTHWESTERLY 42.06'; THENCE WEST 5'; THENCE SOUTH 60' TO THE POINT OF BEGINNING.
CONTAINING 540.97 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
05-35-454-130
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