HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Duff Ave. Dental Partnership - 1226 Duff 00 - 073 97
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INST.NO.
STORY COUNTY, IOWA
Q FILED FOR RECORD
JUL p 5 2000 PM
SUSAN L.VANDE KAMP,Rmrd#r 5 -
n 4__�___
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 Duff Avenue Dental
Partnership, an Iowa General Partnership, (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 1 679.00 for temporary use of the above describedproperty. The Cit agrees to remove the
P y $ p ry v
two large trees along the west property line agrees to construct the retaining wall and its return into the
driveway along the west property line and agrees to move reconstruct or replace the existing advertising sign
at a mutually agreeable location Property Owners grant any additional temporary easement as necessary to
perform this work.
II.
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: temporary
construction easement and the loss of three trees.
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 I P 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 day of L , 2000.
CITY OF AMES,IOWA Duff Avenue Dental Partnership, an Iowa
General Partnership
By: By:
edesco, Mayor Name: Walter W. tidwell, D.D.S.
Title: Partner
Attest:
By �V\ .��V1 -) Ut ,1], By: Cc/ US
w DianeR. Voss, City Clerk Name: William D. Brannan, Jr. , D.D.S .
Title: Partner
By:
Name: ohn Kearney, D.D.S .
Title: Partner
00 - 073 97 (Z)
I
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. DD--DD 1 Adopted by the City
Council on the ZZ-1-- day of y , 2000, and that Ted Tedesco and Diane R.Voss acknowledged the
execution of the instrument to be their volunt act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
5.
Notary Public in and for tort' ountj±, i6wa
wit-L.., IiPPE
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ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF --raW* _ ) —CORPORATE
COUNTY OF STVAV ) ss: Title(s)of Corporate Officers(s):
I
On this g day of M,Aq ,2000, before me, the
undersigned,a Notary Public in and for said State,personally appearedUl, TFA OJ. Corporate Seal is affixed
9nDwE"_,DAS, 3otw .4 wA/MIEg� D S, Amp ALL,Am O &ANNAj. D 0 S � No Corporate Seal procured
,V�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/the' signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf o perso acted,executed the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SE (Sign in ink) _ OTHER:
Q �c CRAG W.) (Print/type name)
Notary Public in and for the State of JVWA
SIGNER IS REPRESENTING:
4`" `'. CARROL D.RAcCRACKEN List name(s)of person(s)or entity(ies):
<� MY COMMISSION EXPIRES
T• v�l
00 - 073 97 (3)
,
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT
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OWNER : DUFF AVE. DENTAL PARTNERSHIP
1226 DUFF AVE.
AMES, IA 50010
E 13TH STREET
180' NO SCALE
kD 25 89' ............ i
1 r-) 19.5'
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1 28
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2j 180'
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SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: DUFF AVE. DENTAL PARTNERSHIP
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 120' OF LOT 4, EMERY'S SUBDIVISION,
AMES, STORY COUNTY, IOWA; THENCE EAST 5'; THENCE NORTH 95'; THENCE CONCAVE NORTH-
EASTERLY 31.14'; THENCE EAST 155'; THENCE NORTH 5'; THENCE WEST 180'; THENCE SOUTH 120, TO
THE POINT OF BEGINNING.
CONTAINING 1563.56 SQUARE FEET.
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 120' OF LOT 4, EMERY'S SUBDIVISION,
AMES, STORY COUNTY, IOWA; THENCE EAST 10'; THENCE NORTHWESTERLY 4.04'; THENCE EAST 2';
THENCE NORTH 23'; THENCE WEST 3'; THENCE NORTHWESTERLY 25.4'; THENCE NORTHEASTERLY
45.72'; THENCE CONCAVE NORTHEASTERLY 25.44'; THENCE SOUTHEASTERLY 25.89'; THENCE NORTH-
EASTERLY 80.5'; THENCE SOUTH 9'; THENCE EAST 28'; THENCE NORTH 10.5'; THENCE EAST 19.5';
THENCE NORTH 6'; THENCE WEST 180'; THENCE SOUTH 120' TO THE POINT OF BEGINNING.
CONTAINING 2654.21 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
00 - 07397 C�c)