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HomeMy WebLinkAbout~Master - Joint Access - Southgate Square & Sevde - Elwood Drive JA ' INST.NO. 00 - 05071 SFOEp OR RECCOUNTYORD A ORD MAY 1. 5 2000 PM �J SUSAN L.VANDE KA P Recorder AMM Prepared By: Richard A. Steffen, 1800 Financial Center,Des Moines, IA 50309-3911 (515)282-8150 CROSS EASEMENT AGREEMENT This agreement is made this / day of ,2000 by and between Eleanore M. Tallman(a/k/a EleNore M. Tallman,a single person), D. .Newbrough d/b/a Newbrough Enterprises,a married person, Iowa Institute of Cooperation,an Iowa nonprofit corporation, n/k/a Iowa Institute For Cooperatives, Loewe,L.C.,an Iowa Limited Liability Company,Ames Board of Realtors,Inc., Southgate Square,an Iowa Partnership,Erben A. Hunziker and Margaret H. Hunziker,husband and wife,Dean E. Hunziker and Lori L.Hunziker,husband and wife,Robert W. Shirk and Karen L. Shirk,husband and wife,and Donald M. Furman and Ruth W. Furman, husband and wife,the owners of all lots included in Southgate Square,a condominium regime established under Iowa Code Chapter 499B (hereinafter collectively referred to as"Southgate"), the Richard H. Sevde Trust dated August 31, 1989 and the Marguerite Sevde Irrevocable Trust dated December 4, 1997(hereinafter"Sevde"),The National Farmers Organization,Inc. (hereinafter"NFO")and the City of Ames,Iowa(City). WHEREAS, Southgate are the owners of certain real property in Story County,Iowa, legally described as follows: Southgate Square,Ames, Iowa,a condominium regime located on Lot 4 of Oakwood Second Addition to the City of Ames, Iowa(the"Southgate Property");and WHEREAS, Sevde are the owners of certain real property in Story County, Iowa, legally described as follows: Lots 5, 6 and 7 of Oakwood Second Addition to the City of Ames,Iowa(the"Sevde Property");and WHEREAS,the Southgate Property and Lots 5 and 6 of the Sevde Property adjoin and abut each other along the common property line between the properties;and WHEREAS, Southgate has previously entered into an Easement Agreement with NFO dated July 11, 1989,recorded at Book 281,Page 234 of the Story County, Iowa Recorder under which Southgate granted NFO an easement for ingress and egress to NFO's property located on Lot 3 and a portion of Lot 2 of Oakwood Second Addition to the City of Ames, Iowa, along the South 25 feet of Lot 4,Oakwood Addition to the City of Ames,Iowa from Elwood Drive,Ames, Iowa; and WHEREAS, Sevde intends to develop Lots 5,6 and 7 of Oakwood Second Addition to the City of Ames,Iowa, including but not limited to entering into a Ground Lease Agreement for parts of Lot 5 and 6 of Oakwood Second Addition;and } t-, 1: T t t � WHEREAS, in order to meet city zoning regulations and to obtain building permits from the City, it is necessary for the parties to have cross-easements for ingress and egress to their property in Oakwood Second Addition to the City of Ames, Iowa, from Elwood Drive, Ames, Iowa that cannot be rescinded without City consent;, and WHEREAS,this Agreement will modify the rights of the NFO under the Easement Agreement dated July 11, 1989 between Southgate and NFO by providing for continued access for the NFO to its property in Oakwood Second Addition to the City of Iowa from Elwood Drive, Ames,Iowa; NOW THEREFORE in consideration of the mutual covenants contained herein the parties agree as follows: 1. Southgate Easement. Southgate hereby grants to Sevde and NFO an easement for ingress to their respective property in Oakwood Second Addition,City of Ames,Iowa,over the following-described real estate(hereinafter"Southgate Easement Area"): located across that art of Lot 4 of Oakwood Second A parcel•f 1an11� r Addition to the City of Ames, Iowa,more particularly described as follows: Commencing at the Southeast Corner of said Lot 4 and the Point of Beginning;thence N89°26'55"W,331.69 feet along the south line of said Lot 4,thence S00°33'05"E,25.00 feet,thence S89°26'55"E, 329.00 feet to the east line of said Lot 4,thence N05°36'18"E,25.15 feet along the Be east line of said Lot 4 to the Point of Beginning, g, as shown on the attached Exhibit`B"; 2. Sevde Easement. Sevde hereby grants to Southgate and NFO an easement for egress over the following-described real estate(hereinafter"Sevde Easement Area"): A parcel of land located across that part of Lot 5 of Oa kwood Second Addition to the City of Ames,Iowa,more particularly described as follows: Commencing at the Northeast Corner of said Lot 5 and the Point of Beginning,thence S05°36'23"E,34.20 feet along the east line of said Lot 5,thence N89°26'55"W,283.76 feet,thence N00°02'42"E,34.00 feet to the north line of said Lot 5,thence S89126'55"E,280.39 feet along the north line of said Lot 4 to the Point of Beginning, as shown on the attached Exhibit"C'; and A parcel of land located across that part of Lot 5 of Oakwood Second Addition to the City of Ames, Iowa, more particularly described as follows: 2 00 - 05071 ( Z� Commencing at the Northwest Corner of said Lot 5 and the Point of Beginning,thence S89°26'55"E, 14.90 feet along the North line of said Lot 5,thence S00°02'42"W,31.07 feet,thence N56°08'50"W, 17.93 feet, thence N00°02'42"E,21.23 feet to the Point of Beginning. as shown on the attached Exhibit"D'; and A parcel of land located across that part of Lot 6 of Oakwood Second Addition to the City of Ames,Iowa, more particularly described as follows: Commencing at the Northeast Corner of said Lot 6 and the Point of Beginning,thence S00°02'42"W,21.23 feet along the East line of said Lot 6,thence N56°08'50"W,27.25 feet,thence N65103'46 W, 15.17 feet,thence S89126'55"E,36.40 feet to the Point of Beginning; as shown on the attached Exhibit"B". 3. Use of Easement Area. The undersigned parties hereby agree that after completion of construction of the egress drive on the Sevde Easement Area as described below in Paragraph 5 of this Agreement,the Southgate Easement Area shall be used for purposes of ingress only to the parties' respective properties from Elwood Drive and that the Sevde Easement Area shall be used for purposes of egress only from the parties' respective properties to Elwood Drive,Ames, Iowa. The parties agree not to obstruct or interfere with other parties in their reasonable use of said easement areas for the purpose of ingress and egress ' and Elwood Drive Ames Iowa. respective properties , between the parties respect p pe , 4. Entrance and Easement Area Plan. The parties and the City agree that the entrance to the Easement Area at Elwood Drive,Ames, Iowa and the Easement Area shall be constructed in accordance with the entrance plan attached hereto as Exhibit"A". The parties further agree that the existing parking lot entrance and break in the center median as shown in Exhibit"A"shall remain in place and this commitment is essential absolutely. 5. Installation. (a) The parties agree that the bulk of traffic in the future will be from the Sevde Property. Sevde therefore agrees to construct the entrance to the Sevde Easement Areas at Elwood Drive and to construct the egress drive on the Sevde Easement Area. The parties agree that the existing entrance at Elwood Drive to the paved drive currently located on the Southgate Easement Area shall not be modified pending the anticipated widening of Elwood Drive in 2000. Such construction shall not impair access of Southgate and NFO to their respective properties from Elwood Drive across the drive currently located on the Southgate Easement Area. At the time Elwood Drive is widened if Sevde and Southgate are required by the City of Ames, Iowa,to reconstruct the entrance to the parties' 3 00 - 05071 ( 3) respective Easement Areas at Elwood Drive at their expense, Sevde shall bear all expense for any such reconstruction. (b) The parties agree that a paved drive is currently located on the Southgate Easement Area and at Sevde's option and Sevde's expense,a 2"asphalt overlay shall be installed on such existing paved drive within one year of the date of this Agreement,however,any portion of such roadway damaged by construction of the egress drive on the Sevde Easement Area shall be replaced by Sevde. Any asphalt overlay installed on the existing paved drive located on the Southgate Easement Area shall be tapered to the level of the parking area located on the Southgate Property. 6. Maintenance. (a) Sevde at its sole expense shall maintain the entrance to the parties' respective Easement Areas at Elwood Drive and the parties' Easement Areas, including all maintenance,snow removal,pavement repair or replacement,frontage and striping of the combined easement drive. (b) In order to assure continued maintenance of the parties' Easement Areas, Sevde shall maintain a Maintenance Fund to be held by First National Bank,Ames,Iowa,as hereinafter set forth. (c) Sevde shall deposit annually,commencing with the date of this Agreement, and thereafter on the anniversary date this Agreement the sum of$3,000.00, into such interest-bearing account as Sevde shall select with First National Bank,Ames,Iowa, its successor or such other FDIC insured bank in Ames,Iowa,as Sevde shall select. Commencing with the year 2002,shall deposit annually the sum of$3,600.00 into such interest-bearing account with First National Bank,Ames,Iowa, its successor or such other FDIC insured bank in Ames,Iowa, as Sevde shall select. Such amounts of money to be deposited were recommended by Sevde's engineers as the amount necessary to repair or replace the easement areas for an initial period of ten years. Southgate Square,Inc., an Iowa corporation(the"Association"),as manager of Southgate Square, is hereby granted by Sevde a security interest in such account. Sevde shall prepare, sign,file and record the necessary UCC documents. The Association shall be a required co-signor for all withdrawals from. such account. Sevde shall provide written evidence of such annual deposits to Southgate. On presentation of such written evidence of its annual deposit to Southgate by Sevde, Southgate shall,at the request of Sevde, issue written certification that Sevde is current with respect to its annual maintenance fund deposit as required under Paragraph 6(c)of this Agreement_ (d) Commencing with the year 2010 and every 10 years thereafter, Sevde and Southgate shall review the amount of the annual Maintenance Fund required of Sevde under Paragraph 6(c)of this Agreement and determine a new annual deposit amount for the next 10-year period of this Agreement. In the event Sevde and Southgate disagree as to the amount of the annual deposit required of Sevde to the Maintenance Fund, Sevde 4 00 - 05071 �y� and the Association shall select an engineer who shall issue a written determination as to the appropriate amount of the annual deposit required of Sevde to provide for repair or replacement with respect to the driveway on the parties' easement area. All expenses of any such engineer for such determination shall be paid one-half by Sevde and one- half by Southgate. In the event Sevde and the Association are unable to agree as to the engineer for purposes of this Paragraph(d), Sevde and the Association shall each select an engineer who shall then jointly issue a written determination as to the appropriate amount of the annual deposit required of Sevde. Each party shall bear the expense of their own engineer for any such determination. (e) Sevde shall, at its discretion, be entitled to withdraw all interest earned by proceeds held in the Maintenance Fund at First National Bank,Ames, Iowa, its successor or such other FDIC insured bank in Ames, Iowa,and all such interest shall be taxable to Sevde. (f) All expenses for repair or replacement of the driveway on the parties' Easement Area after installation as described in the preceding paragraph shall be paid from the Maintenance Fund to the extent there are sufficient funds in such Maintenance Fund to pay such expenses or by Sevde directly if there are insufficient funds in the Maintenance Fund to pay such expenses. All other maintenance expenses shall be paid directly by Sevde, (g) In the event Sevde and Southgate disagree as to the need for repair or replacement or the extent of repair or replacement required with respect to the driveway on the parties' respective Easement Areas, Sevde and the Association shall select an engineer who shall issue a written determination as to the need for or extent of repair or replacement required with respect to the driveway on the parties' Easement Area. All expenses of any such engineer shall be paid one-half by Sevde and one- half by Southgate. In the event Sevde and the Association are unable to agree as to the engineer for purposes of this Paragraph 6(g), Sevde and the Association shall each select an engineer who shall then jointly issue a written determination as to the need for or extent of repair or replacement required with respect to the driveway on the parties' Easement Area. Each party shall bear the expense of their own engineer for any such determination_ (h) In the event of a sale,transfer or other conveyance by Sevde of a fee interest in the Sevde Property,the transferee of such property shall assume a pro-rata portion of all Sevde obligations under this Paragraph 6 as agreed upon by Sevde and such transferee or in the absence of any such agreement,a pro-rata portion of all obligations of Sevde based on the percentage of the Sevde Property acquired by such transferee. (i) In the event this Agreement is cancelled,terminated or rescinded by the parties or their successors in interest,all proceeds held in the Maintenance Fund shall be distributed to Sevde. 5 00 - 05071 �5� (j) All rights of Southgate under this Paragraph 6 shall be exercisable only by a Majority of Owners as defined under the Declaration Of Submission Of Property To Horizontal Property Regime For Southgate Square, Ames, Iowa, dated December 15, 1980 and filed January 5, 1981 as Instrument No. 04040 in the Office of the Story County, Iowa Recorder. Southgate appoints the Association as their attorney-in-fact to act with respect to their rights and the rights and obligations of Sevde for purposes of Paragraph 6 of this Agreement and for no other purpose whatever_ 7. 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, including but not limited to tenants,and any invitees and customers of tenants. This easement cannot be rescinded without the consent of the City by resolution of the City Council of the City of Ames,Iowa. 8. Nonexclusive Easement. The easement rights granted under this Agreement are nonexclusive. This Agreement shall not preclude either party from granting similar easement rights to third parties on terms and conditions that do not impair or diminish the rights granted under this Agreement. 9. Title Warranty. Sevde and Southgate warrant that they hold title to their property subject to the easement rights provided for in this Agreement in fee simple; that they have good and lawful authority to grant the easement rights herein provided for; and that any prior liens or encumbrances on their property subject to the easement rights provided for herein will either be released forthwith or will be subordinated to the easement rights granted herein by a duly executed and recorded subordination agreement. 10. Indemnification. Sevde shall indemnify and hold harmless Southgate as to all loss,damage or expense and as to all liability Southgate may have to third parties arising from use of the Sevde Easement Area or the Southgate Easement Area. This obligation of Sevde to indemnify Southgate shall not extend to loss, damage,expense or liability of Southgate arising from Southgate's negligent use of the Sevde Easement Area or the Southgate Easement Area. If Sevde fails to pay a contractor for any improvements to the Easement Areas and the contractor files a lien, Sevde shall forthwith discharge the lien either by paying the contractor or by filing a bond pursuant to the provisions of Section 572.15 of the Code of Iowa. 11. Arbitration. Any dispute that may arise between the parties to this agreement concerning the rights and obligations of Grantors and Grantees under this Agreement shall be resolved exclusively by use of the arbitration procedure provided for in Chapter 679A of the Code of Iowa. Either party may, in accordance with sections 679A.3 and 679A.15 of the Code of Iowa, initiate arbitration by filing an application with the Iowa District Court for Story County for the appointment of an arbitrator. The court shall appoint as the arbitrator a person,who, by virtue of previous education,training or work experience would 6 00 - 05071 ( �) 1 1 qualify in a judicial proceeding as an expert witness on the substance of the matter in dispute. The arbitrator,after notice and hearing,shall render a written determination as to the truth of the matter in dispute and make an award,all in accordance with Chapter 679A of the Code of Iowa. Expenses of such arbitration shall be paid one-half by Sevde and one-half by Southgate_ 12. Notice. Unless otherwise required by law,any notice or demand required or permitted by the terms of this agreement shall be sufficient and deemed complete when expressed in writing and either(a)personally delivered to the person entitled thereto,or(b)deposited at any office of the United States Postal Service in the form of certified mail addressed to the last known mailing address of the person entitled thereto,or(c)served on the person entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure. all modify the rights of NFO Easement. This Agreement shall g 13. Modification of NFO gr fY granted to it by Southgate under the Easement Agreement dated July 11, 1989. To the extent not modified by this Agreement,the rights and duties of the parties under the Easement Agreement between NFO and Southgate dated July 11, 1989 shall continue including,but not limited to,the easement rights of NFO across that portion of the South 25 feet of Lot 4,Oakwood Second Addition to the City of Ames,Iowa, not included as part of the Southgate Easement Area under this Agreement. The undersigned parties agree that this Agreement shall not diminish the rights of ingress and egress by NFO from its property in Oakwood Second Addition to Elwood Drive via the easements referred to in this Agreement. 14. Entire Agmement. This instrument constitutes the entire agreement between the parties with respect to the subject matter thereof and supersedes all prior statements,representations,promises and agreements,oral or written. No addition to or change in the terms of this agreement shall be binding upon the parties unless it is expressed in a writing signed by the parties. 15. Successors Bound. This agreement shall be binding upon and inure to the benefit of the respective successors and assigns of all parties executing this Agreement. 16. Construction. Words and phrases used in this agreement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according g to the context. This agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this agreement are for convenience only and in no way define or limit the scope or intent of any provisions of this agreement. This agreement may be executed in any number of counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. 17. This Agreement shall be automatically cancelled and terminated when City grants to Sevde direct access to Elwood Drive from the Sevde property at any other location south of the Sevde and Southgate Easement Area. Such access must allow traffic to ingress to the Sevde property from the north and south directions on Elwood Drive and to egress from the Sevde property to the north and south directions on Elwood Drive. Such action on the part of City shall in no way interfere with the rights of Southgate Square and the owners of real estate 7 00 - 05070) within Southgate Square to ingress from the north and south directions and to egress to the north and south directions on Elwood Drive. 18. Newbrough Enterprises has signed this Agreement because of the mandates and restrictions imposed by City_ IN WITNESS WHEREOF the parties have signed this agreement on the date and year first above written. s 00 - 05071 ( g� ell Eleanore M. Tallman,a/k/a EleNore M. Tallman STATE OF IOWA, COUNTY, ss: On this `day of , 2000, before me, the undersigned, a Notary Public in and for said Stat , personally appeared Eleanore M. Tallman, a/k/a EleNore M. Tallman, a single person, to me known to be the identical person named in and who executed the same as her voluntary act and deed. -Wh/�' IHnUt M .HOW(PR©IR otary Public in , for the State of Iowa I " 9 00 - 05071 (9) 1 , C 1 q R.Newbrough, d/b/a Newbrough Enter ises Donna L.Newbrough, Spouse of D. R.Newbrough STATE OF IOWA, S1-o(u COUNTY, ss: On this 18 thday of April 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared D. R. Newbrough d/b/a Newbrough Enterprises and Donna L. Newbrough, spouse of D. R. Newbrough, to me known to be the identical persons named in and who executed the same as their voluntary act and deed. lei-u," b%, 9')k)0U Notary Public in and for the State of Iowa SHAWN E.ROBERTS lwAlf� 1SSpN EXPIRES 11-1 10 00 - 05071 60) I i IOWA INSTITUTE OF COOPERATION, an Io a Nonprofit Corporation n/k/a IOW INSTITUTE FOR COOPERATIVES By: . (Title) STATE OF IOWA, v COUNTY,ss: On this d6ay of 2000,before me,the undersigned,a Notary Public in and for the State of Iowa, per nally appeared Larry D. Kallem to me personally known, who being by me duly sworn, did say that he is the Executive Director of the corporation executing the within and foregoing instrument, that(no seal has been procured by the) corporation;that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Larry D. Kallem as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and them him voluntarily executed. .�r..�r....*g (� , ` 6� N[;jj1LLAR7 A :QWbMS&ONEXPIRES Notary Public i nd for the State of Iowa 11 00 - 05071 (ll) LOEWE, L an Iowa Limi i bility Company By: Suja PaBy: Val STATE OF IOWA,_aru COUNTY,ss: On this Z_day of ,2000, before me, a Notary Public in and for said State, personally appeared Sudan a Loe and Valentina Loe, to me personally known, who being by me duly sworn did say that they are Members of said limited liability company, that(the seal affixed to said instrument is the seal of said) or(nor seal has been procured by the said) limited liability company and that said instrument was signed (and sealed) on behalf of the said limited liability company by authority of its managers and the said Sudanda Loe and Valentina Loe acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. L'q. SL&. ja� Notary Public in and for the Stat f Iowa AHNA Y.HASTOW 12 00 - 05071 ( 12.) AMES BOARD OF REALTQRS, INC. Kristen . Brend, Executive Officer f STATE OF IOWA, CJ COUNTY, ss: On this&liday of 2000, before me,the undersigned,a Notary Public in and for the State of Iowa, per nally appeared Kristen A. Brend to me personally known,who being by me duly sworn,did say that she is the Executive Officer of the corporation executing the within and foregoing instrument,that(no seal has been procured by the)(the seal affixed hereto is the seal of the) corporation; that said instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; and that Kristen A. Brend as an officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation,by it and her voluntarily executed. o `O U AR`,�A.HOWARO WH"COMMMONEXPIRE8 1,kiaiy Public in aO for the State of Iowa owe 13 00 '- 05071 C1 3 e SOUTHGATE SQUARE, an Iowa Pa ership n / By: Dean . Hunziker, Part er STATE OF IOWA, ✓ COUNTY,ss: On this (day of c 2000, before me, the undersigned, a Notary Public in and for the State of Io a, personally appeared Dean E. Hunziker, to me personally known,who being by me duly sworn,did say that he is one of the partners of Southgate Square,a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. HlLLAR`f A.FlQ:'VARa all A/ WCOMMMONEXPIRtES Notary Public i nd for a State of Iowa 14 00 - 05071 Cry) SOUTHGATE SQUARE, an Iowa Partnership / By: Robert W. Shirk, Partner STATE OF IOWA, COUNTY, ss: On this day of , 2000, before me, the undersigned, a Notary Public in and for the State o41o , ersonally appeared Robert W. Shirk, to me personally known, who being by me duly sworn,did say that he is one of the partners of Southgate Square,a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntari executed. 1 HILLAR�A.HOWARm N tary Public in(Ad for he State of Iowa �'COMMISSIONEXPIRES 15 00 - 05071 (is) SOUTHGATE SQUARE, an Iowa Partnersh'-� Er en A. Hunziker,as Trustee f r the Erben A. Hunziker Revocable Trust Dated July 28, 1992, Partner STATE OF IOWA, COUNTY, ss: c On this r day of �� , 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, ersonally appeared Erben A. Hunziker, as Trustee of the Erben A. Hunziker Revocable Trust Dated July 28, 1992, to me personally known, who being by me duly sworn, did say that it is one of the partners of Southgate Square, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and by the partner voluntarily executed. ` HILLAR7 A.HOWARD f MMI °;oN °iArS. Notary Public in nd for the State of Iowa ow11 16 00 - 05071 NO SOUTHGATE SQUARE, an Iowa Partnership By: ' v Donald M. Furman,as Trustee for the Donald M. Furman and Ruth W. Furman Revocable Trust Dated March 1, 1991, Partner By ITUA W.Furman,as Trustee for the Donald M. Furman and Ruth W.Furman Revocable Trust Dated March 1, 1999, Partner STATE OF IOWA, COUNTY,ss: 7 (� On this day of , 2000, before me, the undersigned, a Notary Public in and for 4thetateof IowaO personally appeared Donald M. Furman and Ruth W. Furman as Trustees of the Donald M. Furman and Ruth W. Furman Revocable Trust Dated March 1, 1991, to me personally known, who being by me duly sworn, did say that it is one of the partners of Southgate Square, a partnership, and that the instrument was signed on behalf of the partnership by authority of the partners; and the partner acknowledged the execution of the instrument to be the voluntary act and deed of the partnership by it and Partner voluntarily executed. HUJ A"A.NOWARD otary Public n and fo the State of Iowa IIIY'COL UMONEXPIRES owe 17 00 - 0507 � t1�) =Z �-c.w-�-_C�l'• /'mil ti� �=�� Erb n A. Hunziker Margaret H. Hkziker t STATE OF IOWA, — V� COUNTY, ss: On this 1 day of , 2000, before me, the undersigned, a Notary Public in and for the State of Iow , personally appeared Erben A. Hunziker and Margaret H. Hunziker, husband and wife,to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. . a v ' HRURV A.HOWARD Notary Public i d for the State of Iowa SSION 1RES 18 00 - 05071 <<s) Dean E.gunziker *riL. nziker STATE OF IOWA, "�( r COUNTY,ss: On this day of , 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, rsonally appeared Dean E. Hunziker and Lori L. Hunziker, husband and wife,to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. r HILLAR A.HOWARD f► ' x INYCONMSMONEXPIRES- � No iy public f and r the State of Iowa OWA 19 00 0507169 Robert W. Shirk � r - { Karen L. Shirk STATE OF IOWA, .�Tl�} _COUNTY, ss: a On this L�4way of t L. , 2000, before me, the undersigned, a Notary Public in and for the State of low , personally appeared Robert W. Shirk and Karen L. Shirk, husband and wife,to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. MY OO R SaS ONE PIRES aw' Not ry Public in for the State of Iowa 20 00 - 05071 (zo) l nald M. Furman u W. Furman STATE OF IOWA, COUNTY,ss: On this Wilday of , 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, ersonally appeared Donald M.Furman and Ruth W. Furman, husband and wife,to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. KSUAav a HOWARD E*ow1ON EXPIRES Notary Public 'n nd for the State of Iowa Ann 21 00 - 05071 Uzi) RICHARD H. SEVDE TRUST MARGUERITE SEVDE IRREVOCABLE DATED AUGUST 31, 1989 TRUST DAT DECE 4 - 97 By: B gue ' H. Sevde,Trustee Randy evde,Co-Trustee B arin Sevde,Co-Trustee STATE OF IOWA, STORY COUNTY,ss: On this 9# day of , 2000, before me, the undersigned, a Notary Public in and for the State of Iowa, p sonaliy appeared Marguerite H. Sevde,to me known to be the identical person named in and who executed the foregoing instrument,and acknowledged l#hat f,s,;!r � the person, as the fiduciary, executed the instrument as the voluntary act and deed of theps I vd' ry and of the fiduciary. r Notary Public i d for the to of Iowa " MICHAEL J•fir L NN n r, STATE OF IOWA STORY COUNTY,ss: he undersigned, a Notary �'day of 2000 before me, t g On this � > Y Public in and for the State of Iowa, ersonally appeared Randy Sevde and Karin Sevde, to me known to be the identical persons named in and who executed the foregoing instrument, an acknowledged that the persons, as the fiduciaries, executed the instrument as the voluntary,,. g P � o and deed of the persons and of the fiduciaries. Notary Public in and r the State elowa w� MICHAEL J. FLYNN �, I 22 Z 00 - 05071 (Z � e Alr of lnaC. ) tW4 NATIONAL FARMERS ORGANIZATION, INC. B Tr�'�aS 11cO (Title) STATE OF IOWA, COUNTY, ss: On this 3,44 day of 2? ,200.0,before me,the undersi ed, a Notary Public in and for the State of Iowa, person Ily appeared ) to me personally known, who being by me duly sworn, did say that h is the Z-n/ ' .��/ of the corporation executing the within and foregoing instrument, that(no seal has been procured by the)(the seal affixed hereto is the seal of the)corporation;that said instrument was signed(and sealed)on behalf of the corporation by authority of its Board of Directors; and that �zZ4&,Q as officer acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and the him voluntarily executed. - - - Notary Publilrin and for the State of Iowa 23 00 - 05071 �Z�) • 9 CITY OF,AMESc, I)OWA OF IOWA BY��ld11/ By ff", Diane Voss,City Clerk Ted Tedesco, Mayor STATE OF IOWA, STORY COUNTY,ss: On this 6?14-day of , 2000, before me, !�/�'Fkk&f--k , a Notary Public in and for the State of I wa,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 instrument was s ed and sealed on behalf of the corporation, by authority of its City Council, as contained in '�'0.o0-99$ passed (the Resolution adopted)by the City Council, on the c0' day of May 1 2000 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 voluntarily executed. •1Y".e>tl k. ."••e:��"Yam/ ' •p r � � � '. S •rJ�' f i p Fb+.�. y, S Y Notary Public in and the to of Iowa ` .J dole A. a yAMINY 24 00 - 05071 Cz�) , .3cpt I1y: FOX.ENGINEEAING 5152330103; 03/30/00 11 :28AM;Jg#Eg&_4780;Page 212 Fxlgriur, bFFIGF ��''�_'`'G t I 2521 ELWOOD ORNE � 1 LOT 6 I 2601 ELWOOD DRIVE I 1.84 ACRES � c) EXISTING DRIVE _ n'����� LOT 4 � SOUTHGATE SQUARE i -4p-EXISTING DiWIVE i MNOWAPEa 144010 EXISTING OFFICE BUILDING 2515 FLWOOD ORK I l flT 5 2601 El-WOOD DRNE 1.64 ACRES i i ON ! &AMs6 �STE�Re NG 1 � LANOfCAPED i IMAM I loll "C*RH ELWOOD DRIVE EXHIBIT 'A' FIGURE: 1 I ACCESS DRIVE EASEMENT REVISION NO. DATE E1VGINEERING LOT 4. 5. 6 & 7 OAKWOOD SECOND ADDITION TO THE CITY OF AMES, IOWA MR R04ECY NO. DATE qGK 6196-99A 3 3q 00 00 -- n5 n7l czs) 1 NFO NFO I I LOT 2 EXISTING 15' RM LOT .3 1 t rsEINER CASEMCIR 1 4.63 ACRES L 1 5.29 ACRES t -=7 LOT 6 1 I I I I I 2023 OAKWOOD ROADI 3.52 ACRES I I I ( I I i 1 I I I I PROPOSED LEASE—'Irn f 11 I I AREA(290'11350') 1`• 2.33 ACRES 1 1 I I 1 —{ EXISTING 12-PUPLC 1 UTILITY CASEMENT ' NO u3�5'E I I I 1 LOT 4 1 I I I ` I 1 SOUTHGATE SQUARE 1 ' 1 ' i t t OAKWO0 ECOND ADDITION TO CITY AMES, IOWA ' 1 I 1 1 � 1 1 SOUTNGATE EASEMENT ' $1 1 e �I I t h I 1 LOT 5 1 � "' 2601 ELWOOD DRIVE j In nl 1.84 ACRES 1 m N1 1 0 0'�1 ' LOT 7 1 z 1 ' 2007 OWWOOO ROAD OR 2719 ELWOOD DRIVE `� 1 3.73 ACRES 1 I t 1 I 1 � 1 I cXISi1NG 70'PUELIC = $ ' i uTn,rr E.SE.•E*�T i — 1 EXISTING 10'WBUC 1 y L`— UT1LITY EASEMENT —"4- 1 25.15' :x+-T1NG -.EEM-T --------ELWOOD DRIVE -- -------- ^ IOWA STATE UNIVERSITY \ RESEARCH PARK ^, 'V SOUTHGATE EASEMENT — Lot 4 A parcel of land located across that part of Lot 4 of Oakwood Second Addition to the City of Ames. Iowa, more particularly described as follows: Commencing at the Southeast Corner of said Lot 4 and the Point of Beginning, NCfM-i thence N89'26'55"W, 331.69 feet along the south line of said Lot 4, thence N00'33'05"E, 25.00 feet, thence S89'26'55"E, 329.00 feet to the east line 0 of said Lot 4, thence S0536'18"E. 25.15 feet along the east line of said Lot 4 to the Point of Beginning. o � �� Ln O I EXHIBIT 'B' FIGURE: 1 0 CROSS EASEMENT AGREEMENT REVISION NO. DATE LOTS 4, 5, 6 & 7 OAKWOOD SECOND ADDITION ENGINEERBVG TO THE CITY OF AMES, IOWA DRAWN PROJECT NO. DATE AUES� IOWA 8GK 5196-99A 1/26/00 ` NFO NFO I LOT 2 CxSANG s's oau LOT 3 i SEWER CASCMC1, 4.63 ACRES i — ACRES ---_1_r--- - -- --- - -- —i- -- -- --I F_------- LOT 6 1 ( ! I ! I 2023 OAKWOOD ROADII ( 1 3.52 ACRES PROPOSED LFi1SE AREA(290'050') 2.33 ACRES ( I ! 1 � 1 1 -- ------------__ 40LOT 4 -- -- -- -- 1 sOUTHGATE sOUARE 1 OAKWO06 ECOND ADDITION TO CITY AMES, IOWA \ SEVDE EASEMENT— LOT 5 2601 ELWOOD DRIVE 1.84 ACRES h 1 in � LOT 7 2007 OAKWOOD ROAD OR 2719 ELWOOD ORNE y ! 3.73 ACRES I+ II II 1 1 1 1 E%6TM•c iC•FVe1C — 1 EASEt:$ _j �-_- UWAY EASEMENT —'T S05'36'23-E ' ' 34.20' ' I I , Ex,�Tmc ENTRANCE ^ ELWOOD DRIVE IOWA STATE UNIVERSITY N RESEARCH PARK `J SEVDE EASEMENT — Lot 5 A parcel of land located across that part of Lot 5 of Oakwood Second Addition ® to the City of Ames. Iowa, more particularly described as follows: Commencing at the Northeast Corner of said Lot 5 and the Point of Beginning, NOFff i Q thence S05'36'23'E, 34.20 feet along the east line of said Lot 5, thence N89-26'55"W, 283.76 feet, thence N00'02'42"E, 34.00 feet to the north L() line of said Lot 5, thence S89'26'55"E, 280.39 feet along the north line of u �� O said Lot 4 to the Point of Beginning. >scate I CD EXHIBIT 'C' FIGURE: 1 0 CROSS EASEMENT AGREEMENT REVISION NO. DATE Ey LOTS 4, 5, 6 & 7 OAKWOOD SECOND ADDITION EIKG#%EERWG TO THE CITY OF AMES, IOWA DRAWN PROJECT NO. DATE 'Y� IOWA BGK 5196-99A 1/26/00 1 • � s NFO NFO ! LOT 2 EsXfST 15*St{ U LOT 3 1 EAT 4.63 ACRES _ — _ - - - _ _ 1 5.29ACRE$ , - - - � T ------ - -----�---�—— - f ��LOT 6 I I I I I 202}3.5522 W ROADI ACRES I I I I 1 II I I PROPOSED LEASE----r1a I I I f AREA (290'x350') IN I 2.33 ACRES I I I ExlliRnY EASEKHT ' y N00 02 4�2'E 1 21 23 I I I ZNT �5PtiN /SEVOE EA IIWLOT 4t I SOUTHGATE SQUARE I \ so 3D.07g�v OAKWOOD SECOND ADDITION ' TO CITY O�E AMES, IOWA — � I 1 � , I � I 1 I I 1 LOT 5 I 2601 ELWOOD DRIVE 1.84 ACRES I 1 � LOT 7 2007 OAKWOOD ROAD OR 2719 ELW000 DRIVE 3.73 ACRES ' I I ' � 1 1 I Exsn�� c 10'PUELK — •t Exstac 10•PUBUC 1 I , I , -------------- ---------mac`—S".�x, � ELWOOD DRIVE IOWA STATE UNIVERSITY RESEARCH PARK N V SEVDE EASEMENT — Lot 5 (Lease Area) A parcel of land located across that part of Lot 5 of Oakwood Second Addition (+N0FITH to the City of Ames, Iowa, more particularly described as follows: Commencing at the Northwest Corner of said Lot 5 and the Point of Beginning, O thence S89 26'55"E, 14.90 feet along the North line of said Lot 5, thence S00'02'42"W, 31.07 feet, thence N56'08'50"W, 17.93 feet, thence Imm� d N00'02'42"E, 21.23 feet to the Point of Beginning. O 100 CDsc.ALE I CO EXHIBIT 'D' FIGURE: i a CROSS EASEMENT AGREEMENT NO. DATE LOTS 4. 5, 6 & 7 OAKWOOD SECOND ADDITION REVISION AUL-S. IOWA EIVG TO THE CITY OF AMES, IOWA DRAWN PROJECT NO. DATE 6GK 5196-99A 1/26/00 NFO A.R. NFO I LOT 2 E%Isu"C 15'A LOT 3 -- -- — — — —— 5.29 ACRES 4.63 ACRES ^_�sEwEa CASEAiEdT 1 1 -- -- i-== — — ---- -- i LOT 6 2023 OAKWOOD ROADI I 3.52 ACRES 1 II I PROPOSED LEASE—tea it I AREA(290'450') 2.33 ACRES 1 1 i f f I I i f fl f �-E%IST G 12-RU3LIC i 1 1 UTILITY EASENE.1 1 I \\ 1 "15 1.47'6W -� 26'S E I r �SEVDE EASEMENT O8. 36.40 I f 350.00' LOT 4 ' I SOUTHGATE SQUARE i \ 1 1 1 I \ 1 SO 202'42 OAKWO06�COND ADDITION ' I TO CITY `AM£S, IOWA 1 1 I 1 ; LOT 5 1 1 1 2601 ELW000 OR1VE T.84 ACRES 1 I LOT 7 2007 OAKWOOD ROAD OR 2719 ELWOOD DRIVE I 3.73 ACRES 1 1 111 , 1 , E% imG TO'7U�LIC — 1 ( UTILITY EASEµ_^Ty_ s , I - - 1 E%isimt TO'=U°ti L- -- UTILITY EASE4EIII 1 , I I � I ELWOOD DRIVE IOWA STATE UNIVERSITY N RESEARCH PARK SEVOE EASEMENT — Lot 6 (Lease Area) A parcel of fond located across that port of Lot 6 of Oakwood Second Addition to the City of Ames, Iowa, more particularly described as follows: Commencing at the Northeast Corner of said Lot 6 and the Point of Beginning, NoeTH 0 thence S00'02'42"W, 21.23 feet ofong the East line of said Lot 6, thence C N56'0�'50"W, 27.25 feet, thence N65'03'46"W, 15.17 feet, thence S89'26'55"E, 36.40 feet to the Point of Beginning. 0 100 SCALE 1 EXHIBIT 'E' FIGURE: 1 CROSS EASEMENT AGREEMENT NO. DATE LOTS 4, 5. 6 & 7 OAKWOOD SECOND ADDITION REVISION EN,1G !!1(G TO THE CITY OF AMES, IOWA DRAWN PROJECT NO. DATE SGK 5196-99A 1/26/00