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HomeMy WebLinkAbout~Master - Easement Agreement for Art Installation - Northridge Heights Subdiv., 2nd Add. Lorinstrusent:2006- 00003886 MDate:har 06.2006 12:58:30P D Rec Fee: 10.00 E-Coa Fee: 1.00 6 Aud Fee: .00 Trans Tax: .00 Rec knaseaent Fee: 1.00 Ron-Standard Face Fee: .00 Filed for record in Story Countyr Iota Susan L. Uande Kamp County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) Return to Ames City Clerk,P.O.Box 811,Ames,IA 50010 EASEMENT AGREEMENT Art Installation Northridge Heights Subdivision, 2"d Addition, Outlot B THIS AGREEMENT,made and entered into effective the 28th day of March,2006,by and between the City of Ames,Iowa(hereinafter called City)and Waters Edge Town Home Association (hereinafter called Grantors), WITNESSES THAT : 1. For One dollar($1.00) and other valuable consideration,receipt of which is hereby acknowledged,the Grantors do hereby grant to the City and to the invitees and permitees of the City, the right to paint, construct, affix, and otherwise install and maintain an art installation sculpture titled"Pilots of the Waterway"by V. Skip Willits at Northridge Heights Subdivision,2"d Addition, Outlot B, on property legally described as: Northridge Heights Subdivision, 2"d Addition, Outlot B locally known as 0 Valley View Road Rear, Ames, Iowa. 2. The term of this Agreement is indefinite and shall last until 60 days after notice from either party to the other that the Agreement is revoked. 3. The Grantors,for the said term of the Agreement,shall maintain the said property in a safe and structurally sound condition. 4. The Grantors,for the said term of the Agreement,shall not cover or remove the said sculpture or cause or permit any other person or persons,except the City,to cover or remove the said sculpture. 5. The Grantors shall cause or permit the preparation of the said property for installation of the artwork by the City. 6. The Grantor grants the right to the City to install, display, and maintain the artwork, and to remove the artwork at any time if, in the sole discretion of the City, the artwork or the property poses a safety risk. 7. The Grantor agrees to notify the City if the artwork is damaged or otherwise in need of maintenance. ti 4 WHEREFORE,the parties hereto have executed this Agreement effective as of the date first above written. THE CITY OF AMES, IOWA GRANTORS By: By: n H. Campbell Mayor Charles E. Winkleblack President , > s By: Diane Voss Cit Clerk Robert W. Shirk Secretary wY, ,.1., A BSI AT1 OF IOWA,STORY COUNTY ss: On this'Z ly of 21'11/G-- 2006,before me,a Notary Public in and for the State of Iowa,personally appeared Ann H. Campbell and Diane 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. B — )q adopted by the City Council on the 'U'�—day of Z11 a4 — ,20N,,and that Ann H.Campbell 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. p%At JILL L. RI PERGER COMMISSION#1�'6549 * " MY COMMISSION EXPIRES Notary Public in and for the S of Iowa 1OWA -(J�,; STATE OF IOWA,STOR)( �� COUNTY ss: On this �J` day of lno CL ,2006,before me,a Notary Public in and for the State of Iowa,personally appeared �.Q'A46plack,to me known to be the person named in and who executed the foregoing instrument,and acknowledged that psire executed the same alohmvoluntary act and deed. -4tEt "¢'A INE THOMPSON COMMISSION NO.716768MY COMMISSIO EXPIRES `rA o2 0$ Notary lic in and for the State of Iowa STATE OF IOWA,STORY COUNTY ss: On this 2 3r day of W\&Ar-k ,2006,before me,a Notary Public in and for the State of Iowa,personally appeared'RAA,4- U) r k to me known to be the person named in and who executed the foregoing instrument,and acknowledged thal(S�Jeexecuted the same as&crvoluntary act and deed. �Pp1A1,S� SUZANNE 7N0.718768 SON ° y COMMISSIO MY COM /SRESIOWA a Notary ub in and for the State of Iowa Northridge Heights Subdivision,Public Art Easement Form-032206