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HomeMy WebLinkAbout~Master - Passageway - Champlin - Portion of Lot 1, Parker's Addition ". r WHEFtEAB, A L. Champlin of Ames, Io*a, fe.,the 6wAer+ all of the land: hereinafter described; and WKERr", the said A. L', Champlin' is doeirbus "6f buih!!#n .r a 'theatvr building'upon' ,a porti©n of the 'IaAd hmreina,f , aeatiauk , said portion being described, as the East 35 feat 'of the north.; #,'. feet of the west 80. feet. of Lot ;l, Parker a .Addition to jt .e . of Aae s, Iowa; and, . WHEMS, in consideration of the City 'Counct ofr,tF p:."t3 tt . of'Ames, . Iowa granting the said Champlin a building permit � required by Ordinance No. , 411 of the City Ordinanoes of ,th+s a = . of Ames, „IQwa, said ordinance by this refereffoo hereto be { a part ;hereof, the said Champlin for himself, his executors,; administrators, or eucaeeao�ra ,in `interest, 'agree follows ffiaintaia exits at A].1 fifes �' .tie` ire 6, °sEe t ° .. theater building"wbe'W same is, oonOtrue.ted and Sompleted" and star the same is open, 'ko the: publics, said 'exits to be. at'. the. sae of.an unobstructed arear In the rear of Bald building, sai �5 be not less than 1© lest in width and eact:ehding "the full 1A' s% of said building, r 2. Said unobstr�'uoted area is, to' be exoava-,"A and vt"Vo; tained in such a manner that said area will at all tames `when„'s�►id':. t building, is in use as a public :a g. gathering plane 'bib. open erns° reetse� ►;;: x ably free from debris 4r, obstruction$ which eight`"in'te�re' ready egress from said theater building, In, the event t$e, said Champlin, his heirs, assigns executors, administrators, ' E f-s in intersat, fail:: to suot�essors 'excavate and maintain said �tr as there in provided, then the` City' of "Ames shall: be authdtra #o . . ; enter into said area and excavate the same., remove:' any delbrlf, or k any, obsaruetion:e' 'and charge the cast of the same to the linP , his `sa ,d t s Ch" fi�: heirs, assigns, eueQut4rs, , s successors in interest, provided, however, that the said. 01ty, shall ,give the then ,owner Five days' notice before after y 4f said work. 3. The said: A. ,, Champlin, for himself and his successors in interest agree to furnish and *a.intain- an u#d*-_, strutted, free passage way from the exit in the rear of said theaater .as above described to. Welah Avenue, which pasasgear way sh l" extend from the open 'area at the 'baok of said theater he'rtlobsfora described south, along the' east line of the west 80. feet of ,the north l80 Feet of Lot 1 in Parker's Addition to ,des, low& to the south line thereof, thence west 80 feet to the east line or .,,ot in Block 1, Beardshaara s Addition to Ames, Iowa, thence., soutth a ,F; along the east 'line of Lot 2 32 feet to the south line thereof, thence crest along .the south line of said `Lot. 2 to Welch -Avenue,, said passage way to be all :points 12 feet ih vilth F and to be kept open and asbnalsIy free ali o stru©t-1 iinst 4 a, y all times when saidOuilding` is being used:as a place, of 001, 5 F entertainment, and ' the patrons of said building shall hava<; right and license to use zaid passage way for egress theater building' without- being 'eonstdered as trespassers::Opojl`;Bad property. In the event the .said Champlin, or his suoeeseor$ F: interest shall fail ,to maintain said passage.:.way and keep .salt': E passage reasonably free from obstructions then in that .event S , :aQ city of'Ames is her-eby allowed to enter Intg and upon said pa*aage . way and maintain' it .and., remtc ve, .a3 . of a Cruatione at the expense. off` the owner of said f property. Said passage is to be surf witL� gravel or. ®ther,'nma.teri4Y acceptable to xha: ity Couaeil of the City of Ameq and kept in a reasonably smooth condition ror ..trtval. ,. The said A. L. Champlin`: end his' gucaQessors in .interest 841. Y ` protect and`hold the City of Ames, free and harsle.es from ,all alaiass g negligence .of liability, growln out of he ne l sots of the said,A�, L.`. r or his successors in interest. or their ag4bt.s or employees. gra.de- of said.passage shall be reasonable and -not, In 'excess, of ten per cent (10%) at any point. It the said 'Chaaplin, or his BUG * , a, ors in interest shall ',desire' to., place steps in ,or upon said passage, then in that event said steps shall be the fall width ar. the passage way 'and ,constructed- in such a manner as will eet,:r 13h.` r_ the approval of the City of Ames. 4. It Is agreed that all rightsoonforred by this ease ment and agreement shall continue as long ,as the theater building erected upon the East 45 feet of ,.the .North 120 feet of the West',._ 80 feet of Lot. 1, Parke$ls Addition to the City, of Ames., ill. used . r for the' purpose ,of pUblic assembly. It is irovide& how eVer,.; that future .Councils of the-City of Ames shall annul this easemtrit or� other rights conferred herein In., the event, the said A. . L. Ckplin '} his heirs, : ,assigns, exeoutors, administrators,., or suoeessors in interest shall provide means of egress from the rear of said theater building satisfactory to said Councils, or in the event said building shall be remodeled and abandoned as a piaee,L_for ., public assembly. Dated this day of July, 1938. J24 AT OF IOWA )SS Coux ) On this day -of July, 1938, before me, 'a Notary Public in and for County,, Iowa, personally appea ;A red. ,.,, L Champlin and Angi ' plin, husband and wife, to aye personally � known to be the identical persons who signed the above- inetrumen- and acknowledged the execution of the same to be their voluntary act and de ed,* „rw? 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