HomeMy WebLinkAbout~Master - Easement Granted to meet Building Code - Stanton I, LLC - 200 Stanton Avenuer
INST.NO. 0 2 - 14 313
RETURN TO: STORY COUNTY, IOWA
FILED FOR RECORD V
AMES CITY CLERK 1 O M
BOX 811 Aht SEP 2 0 2002 PM D
AMES IOWA 50010
SUSAN L VANDE KAMP,R9COId9jNA-0*-' l
FIM FEE LUZMAD.FEE_
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
Address Tax Statement To: Terra Firma L.P.,207 Stanton Avenue,P.O.Box 1099,Ames,Iowa 50014
EASEMENT GRANTED TO MEET BUILDING CODE
THIS IS a Grant of Easement made by Grantor to Grantee upon the following terms and conditions:
I. DEFINITIONS. When used in this agreement,unless otherwise required by the context:
(a) Grantor means Stanton I, L.L.C. and includes Grantor's successors and assigns.
(b) "Grantee"means the City of Ames, Story County, Iowa.
(c) "Easement"means the rights granted by this instrument.
(d) "Easement Area"means the tract of land described as follows:
The north ten feet of "Parcel C" as shown on the "Plat of Survey" filed as
Instrument No. 19334 in the office of the Recorder for Story County, Iowa
2. CIRCUMSTANCES. Grantee has,by virtue of Section 5.101 of the Municipal Code of
the City of Ames, Iowa, adopted the Uniform Building Code, 1997 Edition(UBC). Section 503.2.1 UBC
states fire resistivity requirements for construction of exterior walls in relation to the distance of a wall from
a property line. However, Sec. 503.1 of the Handbook published for the 1997 UBC allows for the building
official to accept a permanent easement restricting land use to provide open space as an equivalent to
movement of the property line.
3. EASEMENT GRANTED. For the purpose of conforming to the requirements of Section
503.2.1.UBC,Grantor grants to Grantee an easement for open space on the above described easement area
such that nothing shall be constructed or installed on the easement area and Grantee shall have the power
to remove anything that is hereafter installed or constructed on the easement area,at Grantor's expense;and
further, with respect to an existing building that is now encroaching on said easement area, no doors or
windows or other openings shall be made or constructed in the encroaching parts of the said encroaching
building, and Grantee shall have the power to construct closures of any such windows, doors or other
openings at Grantee's expense;but Grantor shall have the right to take measures such as painting,caulking
and repairs to preserve the said encroachment if such measures do not expand that encroachment.
4. NONEXCLUSIVE EASEMENT. The easement rights granted by this instrument to
Grantee are nonexclusive. The Easement shall not preclude Grantor from granting easement rights to third
parties upon terms and conditions that do not impair or diminish the rights granted under this Easement to
Grantee.
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5. TITLE WARRANTY. Grantor warrants to Grantee that Grantor holds the Easement Area
by title in fee simple;that Grantor has good and lawful authority to grant the easement rights herein provided
for; and that any prior liens or encumbrances on the Easement Area will either be released forthwith or will
be subordinated to the easement rights granted herein by a duly executed and recorded subordination
agreement.
6. SUCCESSORS BOUND. This agreement shall be binding upon and inure to the benefit
of the respective successors and assigns of Grantor and Grantee.
IN WITNESS WHEREOF, the undersigned has executed this instrument on August 1, 2002.
STANTON I,L.L.C., GRANTOR STATE OF IOWA,STORY COUNTY ss:
On this 1st day of August,2002,before me,a notary in and for
by: Ev Cochrane&Associates,Inc.,Manager said county.personally appeared Fv Cochrane,to me personally
_ known,who being by me duly sworn did say that that person is
President of Ev Cochrane & Associates, Inc., an Iowa business
/I corporation,the corporate manger of Stanton I, L.L.C., an Iowa
By: Y limited liability company,executing the foregoing instrument,that
Ev Cochrane,President no seal has been procured by the corporation;that the instrument
was signed on behalf of the corporation as the manager of Stanton
I,L.C..C.,an Iowa limited liability company,by authority of the
members and managers thereof,and that Ev Cochrane as that officer
acknowledged execution of the instrument to be the voluntary act
and deed of the corporation and limited liability company by it and
by the office untly ed.
Notary Public in and r Story County,Iowa
h,n. , F I'JIU_IN J. FEILMEYER
` � COMMISSION NO. 161389
IRES
Stanton I-Easement Granted to Meet Building Code-031202 a * MY(i0M1Ai11$.SION EXPIRES
rev.042502;080102 Iowa LY 16 2003
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