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Home My WebLink About~Master - Easement Agreement for Public Sidewalk - Schlarmann - 117 13th Street Y INST.NO. 0 0 " 1 0 4 9 5 STORY COUNTY, IOWA . /��IY rv�/J FILED FOR RECORD V✓.�� AM SEP 14 2000 D V SUSAN L. VA DE MP,Recorders � RE - RECORDEDP,E . RECORDED 00 - 095 INST.NO. STORY COUNTY, I A FILED FOR R RD REToxrl To: AM pU 8 2000 � CITY OF AMES BOX 811 SU VAND ecorder AMES IA 50010-0811 FEE$ FEES..-.--_ 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 bythe City of Ames,(hereinafter called"City'),and Robert C.Schlarrnann and Margaret Schiarmann , (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 $ 605.00 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 dama$e for reduction of usable yard/drivewav area,loss of rock/gravel surfacing and loss of bushes/rree/miscellaneous k 4 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 ofthe 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. VIT. The easement hereby granted shall be perpetual from the date of this agreement. Vin. 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 G Day of Aka iagt , 2000. CITY OF AMES,IOWA ABUTTING PROPERTY OWNERS y y Ted tedesco, Mayor Robert C. Schlarmann Attest: ',•;- By.X Marge et Schlarman r By Diane R. Voss, City Clerk RE • RECORDED - �� 00 - 00 1 04 95 r STATE OF IOWA } }ss: STORY COUNTY } �6 o2000 On this_17 day of Ja& , -44", 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,ofthe 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,byauthorityofits City Council, as contained in Resolution No. Adapted 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 voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. WEi.ODiE A.WHITE * DIY COMM ON EXPIRES Notary Public in and for Stept-County, Iowa Qabug4(c ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER: _INDIVIDUAL STATE OF ) _CORPORATE COUNTY OF ) ss: Titles)of Corporate Officers(s): On this day of 12000, before me, the undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed Robert C. Schlarmann and Nlarwe-t Schlarmann 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 names) is/are subscribed to the within instrument and w 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/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) _ or CONSERVATOR(s) (NOTARY SEAL) (Sign in ink) , OTHER: (Print/type name) Notary Public in and for the State of SIGNER IS REPRESENTING: List name(s)of person(s)or entity(ies): RE - RECORDE' D O - 10 4 95 (3) 0 - 6 STATE OF IOWA } )ss: STORY COUNTY } On this /1' day of -1999, before me, a Notary Public in and for the State of Iowa, personally appeared Ted Tedesco and Vhne 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. 00 - O 9 Adopted by the City Council on the/1 day of 2000,and that Ted Tedesco and Diane R.Voss acknowledged the execution of the instrument to be their voluntary,7act and deed and the voluntary act and deed of the corporation,,by It yop untarily executed. Notary Public in and for Sto a�, ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIIVIED BY SIGNER: X INDIVIDUAL STATE OF Iowa ) _CORPORATE COUNTY OF Dubuque ) ss: Title(s)of Corporate Officers(s): On this 17 day of July ,2000, before me, the undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed Robert C. Schlarmann and Margeret Schlarmann No Corporate Seal procured _ PARTNER(s): X 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 — 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) _ or CONSERVATOR(s) (NOTARY SE (Sign in ink) _ OTHER Melodie A. White (Print/type name) Notary Public in and for the State of Iowa SIGNER IS REPRESENTING: List name(s)of person(s)or entity0es): Robert C. Schlarmann Ft l601 A.WHITE Margeret Schlarmann A S MYCcl;' IONEXPIRES S-,�D RE - RECORDED 40 _ 1 0 4 9 5 0 - 7 6 SIDEWALK EASEMENT & TEMPORARY CONSTRUCTION EASEMENT N 0 OWNER : ROBERT C. SCHLARMANN 117 13TH ST. AMES, IA 50010 NO SCALE 90, LOT 7 117 13TH ST 12.5' in in 90, ;n 13TH STREET SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT FROM: ROBERT C. SCHLARMANN SIDEWALK EASEMENT, COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 7, DUFFS HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA: THENCE NORTH 5': THENCE WEST 90': THENCE SOUTH 5'o THENCE EAST 90' TO THE POINT OF BEGINNING. CONTAINING 450 SQUARE FEET TEMPORARY CONSTRUCTION EASEMENT: COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION, AMES, STORY COUNTY, IOWA, THENCE NORTH 5.5': THENCE WEST 51': THENCE NORTH 5.5': THENCE WEST 12.5'. THENCE SOUTH 5': THENCE WEST 28.5'; THENCE SOUTH 6'; THENCE EAST 90, TO THE POINT OF BEGINNING. CONTAINING 587.41 SQUARE FEET. RECORDED: INSTRUMENT NO. : RE - RECORD-ED DATE: 00 - 1 0 4 95 Is) 05-35-383-060 ...\13TH&Duff\easements.dgn 09/12/2000 08:39:22 AM