HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Grzywacz - 1315 Duff Avenue ' INST.NO. 00 073 94
STORY COUNTY, IOWA
�r FILED FOR RECORD `Zr
D .A JUL 0 5 2000 PM
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SUSAN L.VAN DE MP, eCorder R 'v
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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(Phone: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 John G. GrMvacz
and Lisa M. Grzywacz,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-sway 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 throughowner's driveway
access to the street.-'Tfj� �A, -5� CXA okko 115 U11v �t� ftf k,1 in all 4 0r VA4 i hS
The City shall bear the entire cost of designing and constructing the sidewalk and associated improvemen s.
The City shall pay the Abutting Property Owners $4,500.00 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, loss of trees/miscellaneous landscaping;in
riizht of way, and access control along Duff Avenue-no driveway will be permitted.
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 4g Day of 0 , 2000.
CITY OF AMES, IOWA ABUTTING PROPERTY OWNERS
By: �4Zc�2��� By: 44 144LA�
Ted Tedesco, Mayor JJbh G. r z
Attest. By Sa-
c Lisa M. Grzywacz
By. _ U �
Diane R. Voss, City Clerk
00 - 073 94 9
STATE OF IOWA }
}ss:
STORY COUNTY }
On this clay of_� 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. OO-npef Adopted by the City
Council on the/Zday of —Tam ,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. ` �
c'
Notary Public in and or Sto County, Iowa k :'
Ott_. �. �%Pf'E�Gf2 °•, ,� "`
3°-17-0
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF _CORPORATE
COUNTY OF ss: Title(s)of Corporate Officers(s):
On this .. day of ,2000, before me, the
undersigned, a Notary Publi in a d for said State,personally appeared Corporate Seal is affixed
No Corporate Seal procured
_ PARTNER(s):
�Zto me personally known Limited Partnership
or proyed to me on the basis of satisfactory evidence General Partnership
ATTORNEY-IN-FACT
to;rbe the person(sj whose name(s) is/are subscribed to the within instrument and _ EXECUTOR(s),
.acknowledgedio'me'that W(b/she/they executed the same in his/her/their authorized _ ADMINISTRATOR(s),
capacity(ies) att�kihiit.�y;hs/her/their signature n the instrument the person(s), _ or TRUSTEE(s)
or'the entity upon►beh�of which the pe i(s)acted, ecu ment. _ GUARDIAN(s)
' _ or CONSERVATOR(s)
(NOTc°xRX,SE ALA (Sign in ink) _ OTHER:
g s ! i (Print/type name)
" Notary Public in and for the State of
SIGNER IS REPRESENTING:
List name(s)of person(s)or entity(ies):
00 - 073 94 ( 3)
14
15
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
OWNER : JOHN G. & L ISA M. GRZYWACS
1315 DUFF AVE.
AMES, IA 50010
NO SCALE
0.52'
180'
7.5' .
ui w
LOT 3 U - >
f/1 N (
O O 7.5' O O
U-
M
1
�1
180,
12.87'
2.63'
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: JOHN G. & LISA M. GRZYWACS
SIDEWALK EASEMENT
COMMENCING AT THE
OWA:ETHENCE WEST AST CORNER OF LOT
THENCE NORTHEASTERLY HIGHLAND60.0 'PTHENCEDI
: AMES, STORY COUNTY,
EAST 0.25': THENCE SOUTH. 60' TO THE POINT OF BEGINNING.
CONTAINING 94.55 SQUARE FEET
TEMPORARY CONSTRUCTION EASEMENT:
COMMENCING AT THECOUNTY,SOUTHEAST
THENC O WEST RNER 15.5; THEF LOT NCEOCK NORTHD IJ3..5S HIGHLAND PARK
EDASI'
AMES, STORY COUNNORTH 5'*, THENC EAST
THENCE NORTHEASTERLY 20.03'; THEN
THENCE SOUTH 60'�TO THEE POINT OF BEGINNING. 7.5';
NORTH 21.5'; THENCE
CONTAINING 373.21 SQUARE FEET.
RECORDED:
INSTRUMENT NO. :
DATE:
Carlson , McClure & Associ► ates , Inc .
05-35-383-020 0 0 - 0 7 3 9 4 (9