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Home My WebLink About~Master - Shared Off-Street Parking - Ames Surplus - West Lincoln Way � 99- 15233 RETURN TO: INST.NO. ' STORY COUNTY, IOWA City Clerk's Office FILED FOR RECORD �� D 515 Clark Avenue,P. o.Box 811 N 0 V 12 1999 PM Ames,IA 50010 SUSAN L.VAN D 'K�A�f,'{Reorder Phone: 515-239-5105 p MMING FEE$T,i?_u� Fax: 515-23 9-5142 &"Ton FEE$ SPACE ABOVE RESERVED FOR RECORDER RETURN TO/PREPARED BY: Franklin J.Feilmeyer,P.O.Box 270,Ames,IA 50010(Tel: 515-239-5000) EASEMENTAGREEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: This is an Easement Agreement by and between adjacent land owners and the City of Ames,Iowa,upon the following terms and conditions: 1. DEFINITIONS. When used in this instrument,unless otherwise required by the context: 1.1. `Owner 1" means the Marvin Wayne Quinlan Trust UA dated March 19, 1998, and the Lola Frances Quinlan Twat UA,dated March 19, 1998. 1.2. "Parcel T' means Lot 5, except the West 20 feet and the South 20 feet thereof, in the subdivision of the Southeast Quarter of the Southeast Quarter of Section 6, Township 83 North,Range 24 West of the 5th P.M.,in the City of Ames, Story County,Iowa. 1.3. "Easement Area 1" means the East 10 feet of the West 30 feet of the North 145 feet of the South 245 feet of Lot 5,in the Subdivision of the Southeast Quarter of the Southeast Quarter of Section 6,Township 83 North,Range 24 West of the 5th RM., in the City of Ames, Story County,Iowa. 1.4. "Owner 2"means PMD Real Estate Partnership. 1.5. "Parcel 2" means the West 20 feet of Lot 5 and the East 100 feet of Lot 6, except the South 100 feet thereof, of the Subdivision of the Southeast Quarter of the Southeast Quarter(except the North 240 feet of the East 363 feet and except the East 264 feet of the South 412.5 feet thereof)and the East 10 acres of the Southwest Quarter of the Southeast Quarter, all in Section 6, Township 83 North, Range 24 West of the 5th P.M., Story County,Iowa. 1.6. "Easement Area 2" means the East 10 feet of the West 20 feet of the North 145 feet of the South 245 feet of Lot 5,in the Subdivision of the Southeast Quarter of the Southeast Quarter of Section 6,Township 83 North,Range 24 West of the 5th P.M., in the City of Ames, Story County,Iowa. 1.7. "City" means the City of Anics, Iowa, an Iowa municipal coxpordtion located in Story County,Iowa. 2. CIRCUMSTANCES&PURPOSE. The owners of Parcel 1 and of Parcel 2 have adjoining parking lots and,in order to satisfy certain zoning requirements of City,wish to provide for a common ac- cess point from the frontage road adjacent to the southern boundaries of their lots and to provide additional maneuvering space within their respective parking areas. 3. EASEMENT ON PARCEL 1. For valuable consideration, including the mutual promises contained herein,Owner 1 does hereby grant unto Owner 2,its successors and assigns,for the uses and upon the conditions hereinafter recited, the perpetual right to enter upon Easement Area 1. The ease- ment rights granted under this instrument shall be appurtenant to Parcel 2. 4. EASEMENT ON PARCEL 2. For valuable consideration, including the mutual promises contained herein,Owner 2 does hereby grant unto Owner 1, its successors and assigns,for the purposes and upon the conditions hereinafter recited, the perpetual right to enter upon Easement Area 2. The easement rights granted under this instrument shall be appurtenant to Parcel 1. FJF ✓199911051344 EASEMENTAGREEMENT Page 2 5. EASEMENT USES. Owner 1 and Owner 2 agree for themselves and for their respective successors and assigns that they each shall permit the other the right within, over, upon, across, and under Easement Area 1 and Easement Area 2 to construct, to reconstruct, to repair, to operate, to use, and to maintain a driveway and parking lot, and neither shall obstruct or impair the use by the other of the respective easement areas. 6. CONSTRUCTION & MAINTENANCE. The initial cost of construction of improvements within the easement areas shall be paid by Owner 1. Thereafter, the parties shall maintain their respective driveway improvements in a usable, neat, and uniform manner, so that the overall appearance of the driveway and parking lot improvements is that of one driveway and parking lot. Any extraor- dinary cost of repair and rebuilding said improvements shall be shared equally. 7. CITY APPROVAL. City approves the cross-easements herein as satisfying City's condition for building permit and zoning approval.Owner 1 and Owner 2 agree for themselves and for their re- spective successors and assigns that the easements described herein shall not be released, termi- nated,or the uses materially diminished without the consent of City. 8. TITLE WARRANTY. Owner 1 warrants to Owner 2 and Owner 2 warrants to Owner I that each as grantor of Easement Area 1 and Easement Area 2,respectively,holds such land by title in fee sim- ple;that said grantor has good and lawful authority to grant the easement rights herein provided for;and that the described easement area is free and clear of all liens and encumbrances. 9. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This in- strument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. IN WITNES§� OF THIS INSTRUMENT, Owner 1 and Owner 2 have executed this Instrument on the tr day of til 1999. � 1_7 *AkVIN WAYNE QU LAN as Trustee of the LO A FRANCES QUINLAN as Trustee of the Marvin Wayne Quinlan Trust UA dated March Lola Frances Quinlan Trust UA,dated March 19, 19, 1998 1998 PAID REAL ESTATE PARTNERSHIP BY BY: ' 0, Mary L arker,General Partner Pamela J.Miller,Vneral Partner 144 q k r Y BY ` David P. Skarshaug,General P ' CITY OF A flES,IO ' e BY: BY- Ted A,L Q J ► �� e w� Tedesco,Mayor Diane R.Voss,Clerk <' fi ,a STATE OF r�Ck COUNTY OF ��C� , SS: On the day of 1999,before me,the undersigned,a Notary Public in and for said state,personally appeared MARVIN WAYNE QUINLAN,to me FJF l/199910221051 99- 15 2 3 3 � EASEMENTAGREEMENT ag13 4 known to be the identical person named in and who executed the foregoing instrument,and acknowledged that the person, DUCIARY,executed the instrument as the voluntary act and deed of the person and of the fiduciary. 1-4 �. s a NOTARY P LIC ' a STATE OF COUNTY OF r-� CS SS: On the day of DO0E,,�1 f.* 1999,before me,the undersigned,a Notary Public in and for said state,personally appeared LOLA FRANCES QUINLAN, me known to be the identical person named in and who executed the foregoing instrument,and acknowledged that the person,as th j =• DUCIARY,executed the instrument as the voluntary act and deed of the person and of the fiduciary i �' ji'' 4.•✓' r j t'd� Af E 9vI I�/�/� a GwV NOTARY PUB14 STATE OF ,,,( CJN..j G� COUNTY OF Ji u SC 5S: On e y �'f $"` 7 .`c d r 1999,before me,the undersigned,a Notary Public in and for said state,personally appeared Mary L.Barker to me personally knb o r who being by me duly sworn,did say that the person is one of the partners of PMD REAL ESTATE PARTNERSHIP,a GENE PARTNERSHIP,and that the instrument was signed on behalf of the partnership by authority of the partners and the partpr + t knowledged the execution to be the voluntary act and deed of the partnership by it and by the partner voluntarily executeclr yA 4 �u"'•y"�i1r. NOTARY PIkALICV �(� °t�tltetattt4tto�s STATE OF G COUNTY OF f SS: On the day of l ii 1999,before le,the undersigned,a Notary Public in and for said state,personally appeared Pamela J.Miller to me personally known, who being by me duly sworn,did say that the person is one of the partners of PMD REAL ESTATE PARTNERSHIP,a GENERAL PARTNERSHIP,and that the instrument was signed on behalf of the partnership by authority of the partners and the partner ac- knowledged the execution to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. LAURA STRZ MY COMMisslow"r"kr;r:ZS r 11tt'" NOTARY PUBLIC STATE OF 0 a/A COUNTY OF '5-10 l2 yr SS: On the y da of 1999,before me,the undersigned, a Notary Public in and for said state,personally appeared David R Skarshaug to me petsonall ' s known,who being by me duly swom,did say that the person is one of the partners of PMD REAL ESTATE PARTNERSHIP„ GENERAL PARTNERSHIP,and that the instrument was signed on behalf of the partnership by authority of the partners and tNe,`, partner acknowledged the execution to be the voluntary act and deed of the partnership by it and by the partner kq)VR�Jlx9 NOTARY PUBLIC STATE OF IOWA,COUNTY OF STORY,SS: On the n-1 41 day of �A GU--U`�l�PJt. ,1994,before me,the undersigned,a No- tary Public in and for said state,personally appeared Ted Tedesco 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 allixed k)the.fore-_ going instrument is the corporate seal of the municipal corporation,and that the instrument was signed and sealed on behalf of 46R� municipal orporation,by authority of its City Council,as contained in the Resolution N° Q 9— 4 1 Q adopted by the City Cou�cJ"F� on the day of 1A ora-0 VkLC't 19q`l,and that Ted Tedesco and Diane R.Voss acknowledged the ex tioq,ofthe,instrtlmQnth to be their voluntary act and deed and the voluntary act and deed of the corporation by it voluntarily executeQ NOTARY PUBLIC uFFROVED AS TO FORM 8 9— 15 2 3 3C c a FJF N 599910221051 John R. Klaus City Attornev