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Home My WebLink About~Master - Easement Agreement for Public Sidewalk - Duff Ave. Dental Ptrship. - 1226 Duff 0 $ INST.NO. 0 - 073 9 x STORY COUPITY, IOWA .ZO D FILED FOR RECORD --��-- JUL 0 5 2000 PM Z--' SUSAN L.VANDE KAMP,Recorder s DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by John R Klaus City of Ames Legal Department,515 ClaF!i 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 Duff Avenue Dental Partnership, an Iowa General Partnership, (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$22,950.00 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: 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 Duff Avenue Dental Partnership, an Iowa General Partnership By: By: Ted Tedesco, Mayor Name: Walter W. idwell,D.D.S. Title: Partner Attest: T By: .,LQMQ� . D � By: l�QS Diane R;,Uoss, City Clerk Name:William D. Brannan D.D.S . Title: Partner B ®�S, y: Name: hn J . earne D.D.S . Title: Partner 00 - 073 98r (Z) STATE OF IOWA } }ss: STORY COUNTY } On this oZ day of l tyitit_ ;1439; 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. 60-Od Adopted by the City Council on the/ day of 2000,and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their volunta act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and or Stgry County,:Iowa .t ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF TOKIg ) _CORPORATE COUNTY OF -9yAV ) ss: Title(s)of Corporate Officers(s): On this '� dayof �iQf� 12000, before me, the undersigned, a Notary Public in and for said State,personally/�ap T appeared I*Tw2_JU Corporate Seal is affixed 9`n>w&L. P6, Jow J. V, D.D.S. 400 ( "t,4M A &j&4A , D D.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) 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 _ ADNIINISTRATOR(s), capacity(ies),and that by his/her/th . ignature(s)on the instrument the person(s), T or TRUSTEE(s) or the entity upon behalf of t e (s)acted,executed the instrument. _ GUARDIAN(s) _ or CONSERVATOR(s) ATI (NOTARY SEAL) (Sign in ink) _ OTHER: 4 c CARD (Print/type name) Notary Public in and for the State of _72oW,,4 SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ics): CARROL D.McCRACK MMISSION EPIREN � X 00 - 073 977 43) SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N OWNER : DUFF AVE. DENTAL PARTNERSHIP 1226 DUFF AVE. AMES, IA 50010 E 13TH STREET 180' NO SCALE �� 25�89, 80.5' _._._._._ in 19.5' J. 1 1 i i i_ IN n 1N W 1 d• Q 1 > N i LOT 4 a � 0 0 ILLi. 1 d' cp 0 N N 1 i3' 1 IN 1 2, 180' .5, 0 v 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. : 0 0 - 0 7 3 9$ (4) DATE: