HomeMy WebLinkAbout~Master - Easement Agreement for Public Sidewalk - Small - 1312 Duff Avenue e ' INST.NO. 00 07396
STORY COUNTY, IOWA g'
FILED FOR RECORD
M
° -Alor JUL 0 5 2000 PM
SUSAN L.VANDE KA
NP.RecorderS
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 Penny L. Small,
formerly Penny L. Taylor, (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 $350.00 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 of this agreement. Damages included but are not limited to:severance damag
for reduction of usable yard/driveway area loss of surface paving and loss of treelmiscellaneous landscaping
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 ZZ Day of J\)NE , 2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
By: By: ?—An L_• Sm
_ �-t
Ted Tedesco, Mayor Penny L. mall
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Attest By:
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By:;
�iane.,R:'Voss, City Clerk
00 - 073 96 CZ)
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day 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. DD-00q Adopted by the City
Council on the(day of !u 2000, and that Ted Tedesco and Diane R. Voss acknowledged the execution
of the instrument to be their voluntary ct and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Notary Public in and for S ry County, Iowa : :; F
3�I7-03
a
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
IVIDUAL
STATE OF �DWA ) CORPORATE
COUNTY OF STORY ) ss: Title(s)of Corporate Officers(s):
On this 27 day of JIVE ,2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared 4N-L Corporate Seal is affixed
No Corporate Seal procured
_ PARTNER(s):
to me personally known Limited Partnership
or v,7-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 _ ADMIAIISTRATOR(s),
capacity(ies),and that by his/h heir signature(s)on the instrument the person(s), _ or TRUSTEE(s)
or the entity upon behalf e p on(s)acted,executed the instrument. _ GUARDIAN(s)
_ or CONSERVATOR(s)
(NOTARY SE (Sign in ink) _ OTHER:
R 0 (Print/type name)
Notary Public in and for the State of --4VW.4
SIGNER IS REPRESENTING:
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a MCA CKE� List name(s)of person(s)or entity(ies):
W COaiM13S10M EXPIRES
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00 ' 073 96 � 3�
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SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : LARRY L. & PENNY L. TAYLOR
1312 DUFF AVE.
AMES. IA 50010
NO SCALE
8' 134.4'
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to a
4 I N li
c O
0 I LOT 5 tO
I 10,, M
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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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