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HomeMy WebLinkAboutA002 - Recorded Easement Agreement 01 - 05176 '.-RETURN TO: INST.NO. STORY COUNTY,IOWA AMES CITY CLERK O FILED FOR RECORD BOX 811 AMES IOWA 50010 D CAM MAY 0 2 2001 �- (ENV) C' SUSAN L.�V�ANDE KAMP,Recorder FED.FEE$_J kjnAUD.FEE�a 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) Address Tax Statement to:City of Ames,515 Clark Avenue,Ames,Iowa 50010 EASEMENT AGREEMENT (Parking) THIS AGREEMENT,made and entered into effective the 23rd day of April,2001,by and betweenMARY GREELEY MEDICAL CENTER, a city hospital of the City of Ames,Iowa hereinafter called"MGMC", and MC FARLAND CLINIC BUILDING CORPORATION, an Iowa corporation hereinafter called "McFarland", and the CITY OF AMES,IOWA, a municipal corporation hereinafter called"City", WITNESSES THAT: WHEREAS,the construction of a building addition on land owned by MGMC will result in eight(8)fewer parking spaces on McFarland's property than are required by the current zoning regulations; and, WHEREAS,current zoning regulations allow the aforesaid required parking spaces to be located on another property within 300 feet of the building to which the spaces pertain if done pursuant to a written agreement with the City and the party in control of the affected property to assure that the spaces are retained to meet the zoning regulations; and, WHEREAS,MGMC desires to facilitate the construction of the said building by providing the required eight (8)parking spaces on MGMC property; NOW,THEREFORE,the parties hereto have agreed and do agree as follows: 1. MGMC hereby grants to McFarland and to the City a perpetual easement to use and direct the use of the eight(8)paved parking spaces located on the premises of MGMC,as shown and described on the plat attached as Appendix A, to meet the off-street parking space requirements of the City zoning regulations pertaining to McFarland. 2. MGMC shall have the power to substitute other paved parking spaces for the aforesaid spaces,provided that the location of the substituted spaces is agreeable to McFarland and located so as to meet the zoning regulation requirements pertaining to McFarland. 3. McFarland and the City shall, at the request of MGMC, execute documents to release and quit claim the easement granted by this agreement at such time, if ever,that the aforesaid eight(8)parking spaces are not required by City zoning regulations that pertain to McFarland. In witness whereof the parties hereto have caused this instrument to be executed. t MARY GREELEY MEDICAL CENTER(MGMC) 1111 Duff Avenue Ames,Iowa 50010 By: — arah B. Buck,Chair Karl H. Friederich, gecretary Board of Trustees Board of Trustees STATE OF IOWA,STORY COUNTY ss: On this day of 2001,a Notary Public in and for the State of Iowa,personally appeared Sarah B.Buck and Karl H.Friederich,to me personally kn ,and,who,being by me duly swom,did say that they are the Chair and Secretary,respectively,of the Mary Greeley Medical Center Board ofTrustees;that said company has no seal;that the instrument was signed on behalf of the company,by authority of its Board of Trustees;and Sarah B.Buck and Karl H.Friederich acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the company,by it voluntarily executed. G C Nota Public in and for Story Vfinty,Iowa MC FARLAND CLINIC PC % KAREN A.WOLFE 1215 Duff . ow►� . MY COMMISSION EX IFES Ames,Iowa 50010 By:&J --- 0 STATE OF IOWA,STORY COUNTY ss: On this I Le day of 2001,before me,a Notary Public in and for St o County,Iowa,personally appeared en ,to me personally k own,who being by me duly sworn,did say that that person is of said McFarland Clinic PC,that o seal has been procured by the said McFarland Clinic PC,and that said instrument was signed and sealed on behalf of said McFarland Clinic PC,by authority of its board of directors and the said �', � acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. Notary Public in and for Story County,Iowa THE CITY OF AMES,IOWA, Y ; 515 Clark Avenue Ames,Iowa 50010 1 Ted Tedesco,Mayor Diane R. Voss, City Clerk STATE OF IOWA,�S�T,O�RY CO Y ss: On this✓u' day of 2001,before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R.Voss,to me personally kn ,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.01-050 adopted by the City Council on the 13th day of February,2001,and that TedTedesco 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. t . 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