HomeMy WebLinkAboutA003 - Easement Agreement f .
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 between MARY
GREELEY MEDICAL CENTER, a city hospital of the City of Ames,Iowa hereinafter called"MGMC",
and MC FAR-LAND CLINIC BUILDING 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 temporarily require a
construction staging area on property owned by McFarland and will temporarily result in 62 fewer parking
spaces on McFarland property; 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,McFarland desires to facilitate the construction of the said building by temporarily providing
62 parking spaces on McFarland property for a construction staging area to be used by MGMC; and,
WHEREAS,MGMC has available parking stalls in excess of the number required on its property to meet
MGMC off-street parking space requirements of the City zoning regulations to temporarily replace the 62
stalls on McFarland property that are being used by MGMC for a construction staging area.
NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
1. MGMC hereby grants to McFarland and to the City a temporary,yensoment commencing
May 1, 2001 and terminating on or about January 1, 2003 to use and direct the use of the 62 paved parking
spaces located on the premises of the 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 the
easement granted by this agreement at such time that the aforesaid 62 parking spaces are not required by City
zoning regulations that pertain to McFarland,or the construction staging area is no longer needed by MGMC.
In witness whereof the parties hereto have caused this instrument to be executed.
MARY GREELEY MEDICAL CENTER(MGMC)
1111 Duff Avenue
Ames, Iowa 50010
By: Avoa-A44A-- By:
Sarah B. Buck, Chair Karl H. Friederich, S cretary
Board of Trustees Board of Trustees
STATE OF IOWA,§WgRY COUN ss:
On this ai�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 kno ,and,who,being by me duly sworn,did say that they are the Chair and Secretary,respectively,of the Mary
Greeley Medical Center Board of Trustees;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.
Notai4 Public in and for Sto unty,Iowa
MC FARLAND CLINIC PC ` KAREN A.WOLFE
1215 Duff = o. MY COanuar 13,2 EXPIRES
Ames, Iowa 50010
B
STATE OF IOWA,STORY COUNTY ss:
On this day of Aor'LO 2001,before me,a Notary Public in and for St o County,Iowa,personally appeared
Steil tome personally 1 nown,who being by me duly sworn,did say that that person is lE En of said McFarland
Clinic PC,tha 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,
515 Clark Av ue
Ames,Io 5001
By:-- By:c-A -R
ed Tedesco,Mayor Diane R. Voss, City Clerk
STATE OF IOWA,STORY COUNTY ss:
On this j,64-day of 20 before me,a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and
Diane R.Voss,to me personally kn wwho,being by me duly swom,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.
Notary in and fd tory Vounty,Iowa
Parking Easement(2)-MGMC&McFarland-011701 JJ /��PPFRbQ
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