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HomeMy WebLinkAbout~Master - Off-Street Parking - Hanson & Winkleblack - Northern Lights Subdivision ` 99 - 07683 STORY COUNTY, IOWA 3� ID FILED FOR RECORD JUN 11 1999 PM SUSAN L VAND ' P�ReCotdeOk— RECORDING FEE � ......�� AUDITOR'S FEE$ Preparer Information Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, Iowa 50010, (515) 232-3921 Deborah S.Krauth ISBA#8109 SPACE ABOVE THIS LINE FOR RECORDER CROSS EASEMENT AGREEMENT This agreement is made this_e�&day of j7' , 1999 by and between Mark J.Hanson and Loree Hanson, husband and wife, (Hansons), Charles E. Winkleblack and Debra A. Winkleblack, husband and wife (Winkleblacks) and the City of Ames, Iowa(City). WHEREAS, Hanson are the owners of certain real property in Story County, Iowa, legally described as follows: Lot 32,Northern Lights Subdivision, Ames, Story County, Iowa; and, WHEREAS, Winkleblacks are the owners of certain real property in Story County, Iowa, legally described as follows: Lot 31, Northern Lights Subdivision, Ames, Story County, Iowa; and, WHEREAS, the properties described above adjoin and abut each other along the common property line between the two properties; and WHEREAS, the parties shall construct multi-family residential buildings on each parcel; WHEREAS, the number of off street parking spaces required by city zoning regulations for T.^t 3? Vro In S, izri! ti+i. _ . „ _ .,,:A ,�hont t u, cress easement agreement; ^.d g � WHEREAS, in order to meet city zoning regulations it is necessary for the parties to have cross-easements for ingress, egress and parking to obtain building permits for the planned projects on each property that cannot be rescinded without City consent; NOW,THEREFORE, in consideration of the mutual covenants contained herein the parties agree as follows: 1. Easement. Hanson hereby grant to Winkleblacks and Winkleblacks hereby grant to Hanson an easement for ingress, egress and parking over all drives and parking areas on their respective lots. F The parties hereto agree not to obstruct or interfere with the other in the reasonable use of said drives and parking areas for the purpose of ingress, egress and parking. 2. Maintenance. The parties hereto agree to maintain the drives and parking areas in a tweable and neat manner. The cost of any repair or rebuilding shall be shared equally by the parties except any damage resulting from the negligence of any person who uses or has used the easement areas pursuant to the authority of either party hereto, in which case the party granting such authority shall be liable for said damages. 3. Easement Running with Land. This easement and all agreements contained herein shall be easements and covenants running with the land and shall inure to the benefit of.and be binding on the parties hereto and their respective heirs, successors and assigns including, without limitation, all subsequent owners of the above described property and all persons claiming thereunder. This easement cannot be rescinded without the consent of the City by resolution of the City Council of the City of Ames, Iowa. In witness whereof the parties have signed this agreement on the date and year first above written. Mark J. BKnson Loree Hanson STATE OF IOWA, STORY COUNTY, ss: On this /q W-1 day of /n 4 , 1999,before me, the undersigned, a Notary Public in and for said State,personally appigared Mark J. Hanson and Loree Hanson, husband and wife, to me la-lown to be the iden�ical persons ruined in and wiio executed the Saute as their voluntary a t and deed. _ x c MY COMMISSION v:fA otary Public in and for the State of Iowa Charles E. Winkleblack Debra A. Winkleblack 99 Q7 683 (2) 1 ,y STATE OF IOWA, STORY COUNTY, ss: On this l_9m), day of M v--4 , 1999, before me, the undersigned, a Notary Public in and for said State, personally ap ed Charles E. Winkleblack and Debra A. Winkleblack, husband and wife, Lo me known to be the identical persons named in and who executed the same as their voluntary act and deed. o•�""`m� SCOTTT.BAUER MY COMMISSION EXPIRES ,owe ��•��� Notary Public in and for the State of Iowa CITY,OF AMES, IOWA CIYOFES, IO By-,-.f ,1 aytp1 U�-A' By Diane:Voss, tY Clerk Ted Tedesco,Mayor f STATE.Of IOWA, STORY COUNTY, ss: On this 8th day of June , 1999, before me, Jill Ripperger , a Notary Public in and for the State of Iowa, personally appeared Diane Voss and Ted Tedesco, to me personally known, and who, being by me duly sworn, did say that they are the City Clerk and Mayor,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 in it wassigned and sealed on behalf of the corporation, by authority of its City Council, as co�niedirioZiff No.99 200 passed (the Resolution adopted) by the City Council, under Roll Call No. of the City Council on the 8t h day of June , 199 9 and that Diane Voss and Ted Tedesco acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntary executed. Notary Public in and for lRe Sfava03 3 -1 TsRi�Fy,r�,10-. A�FROVED AS TO FORM BY 7683 John R. ry -Kt ua O City Attorney V�