HomeMy WebLinkAbout~Master - Public Sidewalk & Traffic Signal - Clinic Building Company - 1215 Duff Avenue r
INST.NO. 00 - 074 O 4
STORY COUNTY,IOWA Z�
M FILED FOR RECORD
D JUL 0 5 2000 PM
0
SUSAN L.VANDE KAMP,F19wrd9r S\Y-•
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&TRAFFIC SIGNAL
THIS AGREEMENT, entered into by the City of Ames, (hereinafter called "City"), and Clinic Building
Company, Inc., (hereinafter called`.`Abutting Property Owners");
WITNESSETH :
WHEREAS, the City desires to maintain adequate clearance between vehicular traffic, traffic signals 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,sidewalks,and traffic signals 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
and traffic signals only,the Abutting Property Owners grant permission for a public sidewalk and traffic signal
improvements 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$2,415.00 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:None
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,traffic signals, 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 and for the installation of traffic signals and all associated improvements.
VII.
Abutting Property Owners grant the perpetual right to enter upon the land described and the perpetual right
to construct,reconstruct,repair,maintain, and use for traffic signals, including all associated improvements
thereof, upon, under, and across the said land.
VIII.
The easement hereby granted shall be perpetual from the date of this agreement.
IV.
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 06 Day of rn R"t , 2000.
CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS
Clinic Building Company,Inc.
By: By:
Ted Tedesco,Mayor Name: e—U/T eZlv/2K
Title:
`' Attest- #n
4."
Byba\ .1 J By: '
DaneR. Voss, City Clerk Name: o6r�-r W- LvET r�'
Title: S;!Fcfz kynk}-
00 - 07 4 04 C �.)
' r
STATE OF IOWA }
}ss:
STORY COUNTY }
I a000
On this 2Ft"—day of _f'L4 , ,-f"9; 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. 190"OB Adopted by the City
Council on the//day of jftZB 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 pluntarily
executed. f
Notary Public in and or Sto C#diO(� a, ,.,.."
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
_INDIVIDUAL
STATE OF EU Wczj ) XCORPORATE
COUNTY OF E-mry ) ss: Titl of Corporate Officers(s):
REy/y4wr
On this LJ`*—,h day of M C'-V 2000, before me, the
undgrsigned,a Notary Public in an for said State,personally appeared Corporate Seal is affixed
_r f I S l rt r K F 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) istare 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 entity upon behalf of which the person(s)acted,executed the instrument. _ GUARDIAN(s)
r
or CONSERVATOR(s)
p c.i a- � ��t (Sign in ink) _ OTHER:
1.--ea. S I b Qrs K i (Print/type name)
`•' `n)ttotary Public in and for the State of
. LL) >„ SIGNER IS REPRESENTING:
r List name(s)of erson(s)or entity(ies):
00 - 074 04 �3�
TRAFFIC SIGNAL & SIDEWALK EASEMENT
N _
OWNER : CLINIC BUILDING COMPANY INC.
1215 DUFF AVE.
AMES, IA 50010
NO SCALE
13TH STREET
187.5' 1
i
6.
LOT 1U.w "�
N
187.5' o
M
N
N
TRAFFIC SIGNAL & SIDEWALK EASEMENT
FROM: CLINIC BUILDING COMPANY INC.
COMMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 3, RICHMOND'S ADDITION, AMES, STORY
COUNTY, IOWA; THENCE SOUTH 25': THENCE WEST 6.7': THENCE NORTH 7'; THENCE NORTHWESTERLY
18.3': THENCE EAST 10' TO THE POINT OF BEGINNING.
CONTAINING 196.9 SQUARE FEET
RECORDED:
INSTRUMENT NO. :
DATE:
09-02-127-035
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