HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Terrones - 125 East 13th Street 00 073 92
INST.NU.
STORY COUNTY,IOWA Iy
M FILED FOR RECORD Z�
D JUL 0 5 2000 PM
SUSANQ,L..VAN DE RewrM S '
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(bone:515-239-5146)
Return to: Jerry Byg,Public Works Department,515 Clark Avenue,Ames,Iowa 50010
Tax Statement to: N/A
EASEMENT AGREEMENT
PUBLIC SIDEWALK
THIS AGREEMENT,entered into by the City of Ames,(hereinafter called"City'),and Mark J.Terrones and
Deborah A. Terrones,husband and wife , (hereinafter called"Abutting Property Owners');
WITNESSETH :
WHEREAS, the City desires to maintain adequate clearance between vehicular traffic and pedestrians to
enhance pedestrian safety; and,
WHEREAS, the width of the street right-of-way at the location herein described is not sufficient to
accommodate both street paving and sidewalks and still maintain adequate clearance between vehicular traffic
and pedestrians;and,
WHEREAS,the City does not need additional right-of-way for vehicular purposes,but does for pedestrians
only,the Abutting Property Owners grant permission for a public sidewalk to exist over 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,
Abutting Property Owners grant to the City permission to relocate and reconstruct the existing concrete
sidewalk onto the above described property. The City agrees that said sidewalk shall not be more than 4'wide.
Said sidewalk shall be surfaced with 4" concrete, except it shall be 6" concrete through owner's driveway
access to the street.
II.
The City shall bear the entire cost of designing and constructing the sidewalk and associated improvements.
The City shall pay the Abutting Property Owners $2,400.00 for use of this easement.
III.
It is understood and agreed the consideration for this agreement includes full compensation for all apparent
damages caused by the exercise ofthis agreement. Damages included but are not,limited to:severance damage
for reduction of usable yard/driveway area,loss of surface paving
}
IV.
The City agrees to indemnify,save and hold harmless the Abutting Property Owners,their agents,employees,
successors and assigns from liability for any personal injury or death,or property damage of whatsoever kind
and nature which may arise as a consequence of the City's failure to exercise due care during the construction
of sidewalk improvements and associated work.
V.
Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to keep the
sidewalk in good and safe condition in perpetuity.
VI.
Abutting Property Owners hereby grant permission and authority to the City to use the said land for a public
sidewalk.
VII.
The easement hereby granted shall be perpetual from the date of this agreement.
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.
DATED this Day of ,2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
By: By:
Ted Tedesco, Mayor M rk J.Teg4, es
A �_ ` B
u% Deborah A. Terrones
Vigne R;Vpss, City Clerk
1
00 - 073 92 ( z)
STATE OF IOWA }
}ss:
STORY COUNTY }
aoor�
On this day of dLe-. , 4999;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 authority ofits City Council,as contained in Resolution No. 40-40q Adopted by the City
Council on the�/day of j ,2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their volunt4 act and deed and the voluntary act and deed of the corporation,by it voluntarily
executed.
Y T f
Notary Public in and for St County,Iowa `way
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMEIIgBy47 kER:
INDIVIDUAL
STATE OF 1 o wA ) _CORPORATE
COUNTY OF STo'KY ) ss: Title(s)of Corporate Officers(s):
On this o2 I_day of -1-U&JE. .2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
MAKK 3" TF-r-KooF-50 DF 60P.AH A. TEKKo,VE 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)-Ware subscribed to the within instrument and _ EXECUTOR(s),
acknowledged to me that-hel W/they executed the same in fiis/her/their authorized _ ADNIINISTRATOR(s),
capacity(ies),and that by=ham/their signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf of which th person(s)acte ex ted the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SEAL) (Sign in ink) _ OTHER:
L 1u DA L. P66 L. (Print/type name)
Notary Public in and for the State of 16&-)A
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
LPMA L.POOL
MY COiv�t '81-'ON EXPIRES
y owp+ 5.? •0
I
00 - 073 92 (3)
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : MARK J & DEBORAH A TERRONES
125 E. 13TH ST.
AMES, IA 50010
NO SCALE
71.2'
0
0
N
LOT 10
125 E 13TH ST
o,
c� 70.41'
\
vi
+i s,_48_84' 15.6
7777777777777-r-
in 71.2'
N
�i
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:
ns_ a_nte_nan 0 0 0 7 3 9 2 (y)