HomeMy WebLinkAbout~Master - Temporary Easement Agreement for Construction - Schlarmann - 117 13th Street J INST.NO.
0 0 - 1 0496
x STORY COUNTY, IOWA
/�D Z� FILED FOR RECORD
\0 AM SEP 14 2000 P,,M
SUSAN L.VANDE KAMP,Recorder Ste'
RE - RECORDED _
flE - RECORDED
INST.NO. 0 0 — 0 9 5 77
STORY COUNTY MA
1141- FILED FOR ORD
RETURN
CITY To: M AU 8 2000 ;PK
CITY OF AMES /�/�
BOX 811 SU VAN% ecorderd
ANES IA 50010-0811 VIN40 FEE$
FEEs
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Graham Land Acquisition Assoc.for the City of Ames,Public Works Department,Antes,Iowa 50010(Phone:515-239-5163)
Return to: Jerry Byg,Public Works Departtrent,515 Clark Avenue,Ames,Iowa 50010
Tax Statement to: N/A
CITY OF AMES
TEMPORARY EASEMENT AGREEMENT
FOR CONSTRUCTION
THIS AGREEMENT,entered into bythe City of Ames,(Hereinafter called"City'),lc.obert C.Schlarmann and
Margeret Schlarmann, (hereinafter called"Property Owner');
Property Owners grant unto the City of Ames, Iowa, a municipal corporation its successors and assigns,
including any public utility, agents, contractors, and employees designated by the City,a temporary right to
enter in,upon,onto,over and across 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:
1.
City shall bear the entire cost of designing and constructing the road improvements. The City shall pay the
Property Owners$20.00 for temporary use of the above described property. In addition to said compensation
the City of Ames also agrees to: (1)Replace the sidewalk goin¢from the sidewalk to the house with a new 3
foot wide sidewalk, or to the width acceptable to City Code. (2)Cut the curb to a width of 22 feet, (3)Pave
the approach in concrete.
II.
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: terrlporary
construction easement
III.
City hereby gives notice of the Property Owners five-year right to renegotiate construction or maintenance
damages not apparent at the time of the signing of this agreement,as required by Section 6B.52 of the Code
of Iowa.
IV.
City will assume all liability for all damages to the above described property caused by the City's failure to
use due care in its exercise of the rights granted.
V.
Possession of the premises is the essence of this agreement,Property Owners grant to the City the immediate
right to enter the above described property.
VI.
This agreement shall terminate upon completion of the 131 Street and Duff Avenue Widening and Patching
and Resurfacing Project.
VII.
This writing constitutes the entire agreement between the City and the Property Owners, and there is no
agreement to do or not to do any act or deed except as specifically provided for herein.
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.
Signed the A/ day of '4�4uj't , 2000.
CITY OF AMES,IOWA PROPERTY OWNERS
Ted Tedesco, Mayor Robert C. Schlarmann
X
Axtest - s By:
w. Marger ei Schlarniann
By: J//I M C
Diane R. Voss,City Clerk
A~
r.f
1�.3L m'vi 6
RE - RECORDED
0 - 10496
0 �
STATE OF IOWA }
}ss:
STORY COUNTY }
On this day of , 20N, before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Nane 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. 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 voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
Er
MELODIE A.WHITE
MYCOFAtiR MONEXPIRES— -lj Notary Public in and for County, Iowa
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
X INDIVIDUAL
STATE OF ) _CORPORATE
COUNTY OF ) ss: Title(s)of Corporate Officers(s):
On this day of 2000, before me, the
undersigned,a Notary Public in and for said State,personally appeared Corporate Seal is affixed
Robert C. Schlarmann and Mar e� ret 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 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 _ ADMIrIISTRATOR(s),
capacity(ies),and that by h-Wher/dicir signature(s)an 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)REPRESENM— G;
List name(s)of person(s)or entity(ies):
RE - RECORDED
�6
00 1 04 �
STATE OF IOWA }
)ss:
STORY COUNTY }
On this day of at 4 999;before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Mane 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. 06--fig 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 volunta6 act and deed and the voluntary act and deal of the corporation,by it voluntarily
executed. '`,
Notary Public in and for Story out ,Fowa
r.
ALL PURPOSE ACKNOWLEDGMENT CAPACITY CLAIMED 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 Marsteret 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-FAC '
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 (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 entity(ies):
Robert C. Schlarmann
MELODIE A.WHITE Margeret Schlarmann
my Cowms oN EXPIRES
RE - RECORDED
00 - 10496 (4)
SIDEWALK EASEMENT
& TEMPORARY CONSTRUCTION EASEMENT N
0
OWNER : ROBERT C. SCHLARMANN
117 13TH ST.
AMES. IA 50010
NO SCALE
LOT 7
0
co
117 13TH ST
12.5' - ;n
to
6 vi 51' r
in 90'
13TH STREET
SIDEWALK & TEMPORARY CONSTRUCTION EASEMENT
FROM: ROBERT C. SCHLARMANN
SIDEWALK EASEMENT:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 7, BLOCK 7, DUFF'S HIGHLAND PARK ADDITION,
AMES, STORY COUNTY, IOWA; THENCE NORTH 5'; THENCE WEST 90'; THENCE SOUTH 5'; 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:
RE - RECORDED l INSTRUMENT NO. :
1 0 4 v 6 (s/ DATE:
0o
05-35-383-060
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