HomeMy WebLinkAbout~Master - Parking - Cyclone Plaza & Terra Firma, LP - 200 Stanton Avenue 02 - 14312
INST.NO.
STORY COUNTY,IOWA
RETURN TO: J l FILED FOR RECORD 0),
J / V
AMES CITY CLERK SEP 2 0 2002 PM O
BOX 811
# G
AMES IOWA 50010 SUSAN L VANDE KAMP,R rd0f-S% '
FIEM FEE$L(.-JV- UD.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,Ames,Iowa 50010(Phone: 5-2$9-5146)
Address Tax Statement to:City of Ames,515 Clark Avenue,Ames,Ira 50010
EASEMENT AGREEMENT
(Parking)
THIS AGREEMENT,made and entered into effective the ` day of •._fJi!.iJ0 i, i. ,2002,by
and between CYCLONE PLAZA,L.L.C.(hereinafter called"Cyclone Plaza");and,TERRA FIRMA,L.P.
(hereinafter called Terra Firma); and,the CITY OF AMES,IOWA(hereinafter called"City")
WITNESSES THAT:
WHEREAS,the construction of a building on land owned by Cyclone Plaza at 200 Stanton Avenue,
Ames, Iowa, will result in forty-eight (48) fewer parking spaces on that Cyclone Plaza property than are
required by the current zoning regulations; and,
WHEREAS,current zoning regulations allow the aforesaid required parking spaces to be located on
another property within 300 feet of the building to which the spaces pertain if done pursuant to a written
agreement with the City and the party in control of the affected property to assure that the spaces are retained to
meet the zoning regulations; and,
WHEREAS,Terra Firma desires to facilitate theconstruction of the said building by providing the
required forty-eight(48)parking spaces on Terra Firma property;
NOW,THEREFORE,the parties hereto have agreed and do agree as follows:
1. Terra Firma hereby grants to Cyclone Plaza and to City a perpetual easement to use and direct
the use of forty-eight(48)paved parking spaces located as follows: (a)twenty-two(22)on the premises of
Terra Firma at 117 Stanton,Ames,Iowa,and described as the south 66'of the north 287' of Lot 1, Parkers
Addition to Ames, Iowa,to meet the off-street parking space requirements of the City zoning regulations
pertaining to the Cyclone Plaza building at 200 Stanton Avenue,Ames,Iowa,described as Parcel"S"in Lot
Seventeen(17),Parker's Addition,in the City of Ames,Story County, Iowa; and(b)twentysix(26)on the
premises of Terra Firma at 123 Stanton,Ames,Iowa,and described as that part of Lot 1,Parker's Addition to
Ames, Iowa, described as beginning 120 feet North of the point where the Fort Dodge, Des Moines and
Southern Railway intersects the West line of Stanton Avenue;thence West 190 feet; thence North 60 feet,
thence East 190 feet;thence South 60 feet to the point of beginning,also known as the South 60 feet of the
North 347 feet of Lot 1,Parker's Addition to Ames,Iowa.
2. Terra Firma shall have the power to substitute other paved parking spaces for the aforesaid
spaces, provided that the substituted spaces are located so as to meet the zoning regulation requirements
pertaining to Cyclone Plaza
3. Cyclone Plaza and the City shall,at the request of Terra Firma,execute documents to release
and quit claim the easement granted by this agreement at such time,if ever,that the aforesaid forty-eight(48)
parking spaces are not required by City zoning regulations that pertain to theaid Cyclone Plaza building at
200 Stanton Avenue,Ames, Iowa.
IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed.
CYCLONE PLAZA,L.L.C. STATE OF IOWA,STORY COUNTY ss:
Owner of 200 Stanton Avenue On 1 August 2002, before me, a notary in and for said county,
personally appeared David A.Keller,to me personally known,who
Ames,Iowa being by me duly sworn or affirmed did say that he is the Vice
President ofEv Cochrane&Associates,Inc.,the corporate manager of
said limited liabilitycompany and that said instrumentwas signed on
By: Ev Cochrane&Associates,Inc.,Manager behalfofthe said limited liabilitycompany and corporate manager by
authorityof its managers and the said David A.Keller acknowledged
the execution of said instrument to be the voluntary act and deed of
said
limited-liability compAny by it voluntarily executed.
By: \
David A. Keller, Vice President
c FRANKLIN J.FEILMEYER
COMMISSION NO. 161389
MY COMMISSION EXPIRES
TERRA FIRMA,L.P. sTAT OF'I@ I'A S ORY Cjp101 1 :2003
Owner of 117 and 123 Stanton Avenue On 1 August 2 e ore me, a no d county,
personally appeared David A.Keller,to me personally known,who
Ames, Iowa being by me duly sworn or affirmed did say that he is the Vice
President of Ev Cochrane&Associates,Inc., the general partner of
said I imited partnership and that said instrumentwas signed on behalf
By: Ev Cochrane & Associates, Inc., General of the said limited partnership by authority of itsgeneral partnerand
Partner the said David A. Keller acknowledged the execution of said
instrumentto be the voluntaryact and deed of said I imited partnership
by it vo;wrmly executed.
B :� �t FRANKLI J. F ILMEYER
y � 1wI1�slt�IfPNt��t9 a
David A. Keller, Vice President " * MyCOMM/SSlONEXPIRES
�owA 003
THE CITY OF AMES,IOWA s
515 Clark Avenue On this day of S 2002,before me,a Notary
Public in and for the State ofof I�nallyappeared Ted Tedesco
Ames,Iowa 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 seat affixed to the
foregoing instrument is the corporate seal ofthe corporation,and that
By the instrumentwas signed and sealed on behalfof the corporation,by
authority of its City Council, as contained in Re solution No. D'o1
fed escp; Mayor Q�3'� adopted by the City Council on the �C, day of
'' J b#1 20L0_9 and that Ted Tedesco and Diane R.Voss acknowledged
the execution ofthe instrument to be their voluntary act and deed and
a / � ,_A (; / the voluntary act and deed of the corporation,by it voluntarily
y executed.
Diane R Voss, City Clerk fh1e
Notary Public in and �dowa
i .
��AI JILL L. RIPPERGER
P COMMISSION#146549
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Parking Easement for Cyclone PlazaLLC and Terra Firma,200 Stanton,080102.wpd MY COMMISSION/EXPIRES
/OWA
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