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HomeMy WebLinkAbout~Master - Public Sidewalk - Hunziker and Furman - Lot 31, Brookview Place Subdivision .4' INST.NO. O O 0 9 0 3 STORY COUNTY,IOWA FILED FOR RECORD RETURN TO: AUG 0 7 2000 PM AMES CITY CLERK SUSAN L.VANDE KAMP,Recorder S BOX 811 ZV RECORDING FEE$ �•�I =--- AMES IOWA 50010 AUDITOR'S FEE$ DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER. Prepared by: City of Ames, Engineering Division, 515 Clark Avenue, Ames, Iowa 50010[Phone 515-239-51601 EASEMENT AGREEMENT PUBLIC SIDEWALK THIS AGREEMENT, entered into by the City of Ames, (hereinafter called 'City"), and Erben A. Hunziker Revocable Trust dated July 28, 1992 and Donald & Ruth Furman Revocable Trust dated March 1, 1991, 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: South 9' of Lot 31 Brookview Place Plat One a Subdivision in Ames, Iowa. as shown on the attached plat. 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 locate the 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. II. Abutting Property Owners agree to maintain said sidewalk and make the necessary improvements to keep the sidewalk in good and safe condition in perpetuity. III. Abutting Property Owners hereby grant permission and authority to the City to use the said land for a public sidewalk. IV. The easement hereby granted shall be perpetual from the date of this agreement. Dated t mes, Iowa, thi !5/ day of , 2000 ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: STATE OF ) COUNTY OF ) ss: INDIVIDUAL CORPORATE On this day of --idam' A.D. 2000, Title(s) of Corporate Officer(s): before me, the undersigned, a otary Public in and for said Stat , personally appj�eared �ora Corporate Seal is affixed No Corporate Seal procured PARTNER(s): Limited Partnership to me personally known General or proved to me on the basis of satisfactory evidence Partnership Attorney-In-Fact to be the person(s) whose name(s) is/are subscribed to the Executor(s) or Trustee(s) within instrument and acknowledged to me that he/she/they Guardian(s) or Conservator(s) executed the same in his/her/their authorized capacity(ies), Other: and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) SIGNER IS REPRESENTING: acted, ccted the instrument. List name(s) of person(s) or entity(ies) (sign in ink) Lbee oEC (print/ pe name) Notary Public in and for the State of_ (Notary Seal) 7 f. S4 F?MEOCA BARCL�IY MY COMM,1SSION EXPIRES 2 00 - 09036