HomeMy WebLinkAboutA001 - Memo dated May 24, 2005 from City Attorney Memo
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TO: Diane Voss, City Clerk
FROM: John R. Klaus, City Attorney
DATE: May 24, 2005
SUBJECT: Wessex Sanitary Sewer Extention
With this is the permanent sanitary sewer easement. Also with this is a copy of an agreement
between Christofferson and Friedrich to pay "crop damage" associated with construction of the
sewer. Not with this is an easement for temporary use of a wider area for the period of construction.
That easement is in the hands of Fox Engineering to get signatures from Christofferson,and is to be
returned before the meeting tonight. If not,the item for approval of the construction contract should
be pulled from the agenda.
Encls.
05/24/2005 09:58 FAX 5152330103 FOX ENGINEERING Q 002/003
MAY-23-2005 MON 12: 19 PM FRIEDRICH IOWA REALTY FAX NO, 5152324263 P. 02
PAYER, HUNZZI<FR &. RHODES
ATTORNEYS AT LAW
535 Main Street
Ames, IA 50010
Donald R. Payer .
Christine A. Munziker Phone: (515)232-4115
Margaret M. Rhodes FAX: (515)232-4388
Patrick C, Peters
May 12, 2006
Mr. Kurt Friedrich
Friedrich & Sons .
G`h & Duff
Ames; IA 50010
Re: Floyd Christofferson
Dear Kurt:
Enclosed herewith is a drawing of the new easement over his farm for the sanitary
sewer:line. As you can see there will be damage to his 2005 crops that is already
planted when they.put in the sanitary sewer.
It is my understanding that you will agree to reimburse Floyd Christofferson for any crop
damage incurred by him from the installation of the sanitary sewer by the City of Ames
to his 'Farm this summer of 2005 as seen on the enclosed plat. These damages for
which he would be compensated on his farm would include but not be limited to
plowing, soil preparation, discing, planting, herbicides, seed, tractor expenses for gas
and oil and use of tractor, spraying, cultivating, labor and loss of profit from the sale of
the crops if they had grown to maturity and Sold, and any other expenses incurred for
the planted crop. The damages would be presented and paid after the existing crop is
harvested.
Please,sign below if this is acceptable and return to me. Thank you.
Yours very truly,
PA;na41d'R-.
ZIKER & ODES
ACCEPTEop
s d
By: By:
ayer Ku riedrich
DRP:nk�
Encl. Date:—
i
05/24/2005 09:58 FAX 5152330103 FOX ENGINEERING Q 003/003
MAY-23-2005 MON 12:20 PM FRIEDRICH IOWA REALTY FAX NO, 5162324253 P. 03
599 S.F.
PLAT OE EASEMENT-
CHRMOFFERSON
32 ��
129 S.F.
1 , S88'44'38"L Nro6,�
C
rf1' OF AMES
31
i
R.
30
10,513 S.F. z
I O
N
20 f
10,581
SW .1 SE Y � SE Y SE X
SEC 18_aa- 4 SEC 16-83-24
NW CORNER F, I
PARCEL L r
Eae �
1 4—
LOT 1
CHRIST'OFFERSON � �soo consrucrsnx
m I PARCEL L• ewelnatrt
NW Y. NE Ya
NE Y� NE y
SEC 21-83�-2+ SEC 21-83-24
REYES
P:0.0: I PARCEL 19
Saw 19'42"t:
I
�q
LOT 17
i TITLE 13(3LDER:Floyd W.and Anna W.C:briatoffes9oa rlc+Rni
Sanitaa Sewer CoLstractlon.Easeunent Depajegon•
A 100 foot wide topporary construction casmncat across Parc01"I,"in the WW y of the NE'/of Sec.21,R 83 N,T 24'W of the 51h
I-M,,acroea'the pascal of land north of Parcel"L"in the SW'/, of the SE A of Sec.16,R 83 N.T 24 W of the Stb P.1Vt.,and across
P4mcl"E"in the SS M/ of the S33%,of Sac, 16,R 83 N.T 24 W of tbe•5th P.M.centered along a line more particularly describod as
corm ur-ingiAt th M rth west corner ofParcai"L'"thence southerly 11 distance of 165.88'Along ihez west pmpe?rty line of said Parcel
he P Ftrauaug,theme south 86 19 42 east a distance of 215,95',d=co north 01°37 11"went A distmwe of 416.121,
thence south 884 44'38"east a distance of 201.93', thence north 66 a 25'0411 east a distance of 107,56'ending at a point along the oast
gmperty line of swirl Parcel"E"
EXHIBIT A
SUNCREST SUBDIVISION a rt err n q,
i SANITARY SEWER PROJECT
PRAWN 9kT NO.
1f Rs
Y DATE P.N.
Q3 one—o2A
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