HomeMy WebLinkAbout~Master - Temporary Agreement for Construction - Clinic Building Co. - 1220 Duff Avenue _ 7403
INST.NO. 00
0
STORY COUNTY, IOW
A
FILED FOR FIE60FID
e JUL 0 5 2000 PM
S IUSAANN L.VANDE KAMP,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 Clinic Building
Company, Inc., (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 $440.00 for temporary use of the above described property.
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
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 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 ZS day of mA'( , 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
Clinic Building Company,Inc.
By: 4 By:
Ted sco, Mayor Name: rUX7757 C/iy/2 K M
Title:
Attest-,',.'
x
By:
Diane R. Voss, City Clerk Name: o�7c N/• �v �`
Title:
s In
t
41�4- a e
00 - 074 03 4
STATE OF IOWA }
)ss:
STORY COUNTY )
On this-11-119 day of '-t4r: 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 ofits City Council, as contained in Resolution No. OD-t�®9 Adopted by the City
Council on the fr±- day of Ja,7i , 2000, and that Ted Tedesco and Diane R. Voss acknowledged the
execution of the instrument to be their voluntfiry act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
r
Notary Public in and for to ounf ;It
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
NDIVIDUAL
STATE OF =a WCt, ) CORPORATE
COUNTY OF n*ar s ) ss: Title4o of Corporate Officers(s):
/ZESipt�./f
On this Z6 day of M 0.y 2000, before me, the ���EZ 7Tvg-
undersigned,a Notary Public in and for said State,personally appeared _ Corporate Seal is affixed
u Y-'t-( % �' r, r K N ra It K l is Ps n e r' 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 enot�y upon behalf of which the person(s)acted,executed the instrument. _ GUARDIAN(s)
(� _ or CONSERVATOR(s)
n(N4> CRY frl�l 4) :;—�, e.c i �cx--•mil t b E,t.S�G (Sign in ink) ^ OTHER:
-r'e.r i Lee., R 16 e rs K i (Print/type name)
> Tot Public in and for the State of a:7o u1a
t SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
•Ff..
00 - 074 03 C3�
s
TEMPORARY CONSTRUCTION EASEMENT N
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OWNER : CLINIC BUILDING COMPANY INC.
1215 DUFF AVE.
AMES, IA 50010
NO SCALE
5' 5' 180'
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5' 8'
TEMPORARY CONSTRUCTION EASEMENT
FROM: CLINIC BUILDING COMPANY
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THE SOUTHWEST CORNER OF LOT 4, EMERYS SUBDIVISION, AMES, STORY COUNTY,
IOWA; THENCE EAST 13'; THENCE NORTH 4'; THENCE EAST 4'; THENCE NORTH 25'; THENCE WEST
3'; THENCE NORTH 2'; THENCE NORTHWESTERLY 50.26'; THENCE WEST 10'; THENCE SOUTH 78' TO
THE POINT OF BEGINNING.
CONTAINING 1102.89 SQUARE FEET.
RECORDED:
INSTRUMENT NO. :
DATE:
na-m-?nn-1 ao O O — 0 7 A O 3 N)