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Home My WebLink About~Master - Cross Access for Parking Ramp - Terra Firma, L.P. - 217 Stanton Avenue t • INST.NP 2 ` 00692 RETURN TO: STORY COUNTY,IOWA O� FILED FOR RECORD AMES CITY CLERK \\�M JAN 14 2002 P,�I � BOX BO% 811 AMES IOWA 50010 GUGAN L YANDE KAMP,RW0rd9rS`"* ly — FFA FEE UD.FEE$ — S P A C E A B 0 V E R E S E R V E D F 0' R 0 F F I C I A L U S E PREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 EASEMENTAGREEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: This is an Easement Agreement by and between Titleholder and the City,upon the following terms and conditions: 1. DEFINITIONS. When used in this instrument,unless otherwise required by the context: I.I. "Titleholder"means Terra Firma,L.P., an Iowa limited partnership,having principal of- fices located at 207 Stanton Avenue, P.O. Box 1099, in the City of Ames, in Story County,Iowa. 1.2. "City" means the City of Ames, Iowa, an Iowa municipal corporation, having principal offices located at 515 Clark Avenue,in the City of Ames,in Story County,Iowa. 1.3. "Owner" means the person who or entity that owns the fee simple title to a tract of land and shall include the Titleholder and the Titleholder's or future Owner's successors and assigns. 1.4. "Parking Space"means an area used or intended for use as a place for parking of motor vehicles of the dimensions required by the Zoning Ordinance of the City. 1.5. "Tract F means the real property commonly known as 217 Stanton Avenue and legally described as: The South 100 feet of Lot 1, Parker's Addition to the City of Ames, Story County, Iowa, lying east of the west line of the right of way of the abandoned Fort Dodge,Des Moines& Southern Railway Company. 1.6. "Tract IT'means the real property commonly known an 200 Stanton Avenue and legally described as: Parcel"S" in Lot 17 in Parker's Addition to Ames, Story County, Iowa as shown by the Plat of Survey recorded in the office of the Recorder of Story County on October 9,2001,as Instrument N°01-13820. 1.7. "Tract HT'means the real property commonly known as 207 Stanton Avenue and legally described as: The North 97.5 feet of the South 197.5 feet of Lot 1, Parker's Addition in the City of Ames, Story County, Iowa, lying east of the west line of the right of way of the abandoned Fort Dodge,Des Moines& Southern Railway Company. 1.8. "Tract N"means the real property commonly known as 225 Stanton Avenue and legally described as: Lot 1,First Addition,Terra Firma Subdivision,Ames,Iowa. 1.9. "Tract V"means the real property commonly known as 301 Stanton Avenue and legally described as: Lot 2,First Addition,Terra Firma Subdivision,Ames,Iowa. 1.10. "Parking Facility"means the parking ramp constructed on Tract 1 and includes all struc- tural components except the commercial space contained therein. 1.11. "As adjusted by CPT'means the amount adjusted by the percentage change in the CPI-U (U.S. City Average for all items, base period 1982-84=100) from the date of this instru- ment to the most recent month for which data are available for the current year. 1.12. "Zoning Ordinance" means the ordinance of City enacted and now constituting chapter 29 of the Ames Municipal Code. FJF N 2001.12.19.10.56.07 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa EASEMENTAGREEMENT Page 2 2. CIRCUMSTANCES & PURPOSE. The Titleholder owns Tract I, Tract II, Tract III, Tract IV, and Tract V in fee simple. There presently exists or will exist on Tract I a parking facility having at least three-levels of parking (which may be referred to herein as the "Ramp") and a street-level commercial space. There presently exists or will exist on Tract II an apartment building. There presently exists on Tract III an office building. There presently exists on Tract IV and Tract V an apartment building and duplex,respectively. In order to satisfy certain requirements of the City's Zoning Ordinance that relate to Parking Spaces, Titleholder now wishes to reserve for the Owner easements for ingress,for egress,and for Parking Spaces. 3. SCOPE. Easement rights granted from or burdening a tract(a"servient estate")herein in favor of another tract (a "dominant estate") shall be appurtenant to such dominant estate and shall pass with title thereto, and such easement rights shall perpetually burden the servient estate. Easement rights and burdens created herein shall perpetually bind the Titleholder and any future Owner. Easement rights created"on" a tract herein shall exist, without the necessity of repetition, "over, upon,across,within,and under(usque ad coelum et ad inferos)"the areas specified hereinafter. 4. PARKING& ACCESS EASEMENT ON TRACT I(RAMP)FOR TRACT II(200 STANTON). Titleholder does hereby reserve for Tract II and the Owner thereof the perpetual right to enter on Tract I, in- cluding specifically the right of ingress to, of egress from, and to use 48 Parking Spaces on park- ing facilities (existing now or in the future) on Tract I, as shown on the attached drawing marked "Exhibit A." 5. ACCESS EASEMENT ON TRACT III(207 STANTON)FOR TRACT I(RAMP). Titleholder does hereby reserve for Tract I and the Owner thereof the perpetual right to enter upon Tract III, for ingress to and egress from Tract I across an area 27 feet wide and parallel to the northwesterly boundary of Tract III and the south 18 feet except the East 78.5 feet of Tract III, as shown on the attached drawing marked"Exhibit A." 6. ACCESS EASEMENT ON TRACT IV(225 STANTON)FOR TRACT I(RAMP). Titleholder does hereby reserve for Tract I and the Owner thereof the perpetual right to enter upon Tract IV for ingress to and egress from Tract 1 across an area not less than 20 feet wide and generally parallel to the west- erly boundary of Tract IV and the North 20 feet of the South 67 feet of the West 23 feet of the east 128.7 feet of Tract IV as shown on the attached drawing marked"Exhibit A." 7. ACCESS EASEMENT ON TRACT V(301 STANTON) FOR TRACT I(RAMP). Titleholder does hereby reserve for Tract I and the Owner thereof the perpetual right to enter upon Tract V for ingress to and egress from Tract 1 across the North 20 feet of Tract V, as shown on the attached drawing marked"Exhibit A." 8. MAINTENANCE. While the Titleholder is the sole owner of the tracts described herein, this para- graph shall not apply. Any two or more Owners may enter into a separate agreement in writing modifying their respective obligations under this paragraph. The rights and obligations created by this paragraph are based on the relative use of each Owner of the respective servient estates by the dominant estates. A failure by an Owner to maintain or to contribute to the maintenance of an im- provement will impair the rights of other Owners in a manner for which there is not an adequate remedy at law; therefore, any Owner may petition the Iowa District Court for an order directing specific performance of the obligations created herein. "Maintenance" or "maintaining" herein means and refers to all manner of maintenance and repair, including (but not limited to) seasonal snow plowing, snow removal, sanding or other treatment of ice, and the replacement, patching, and sealing of concrete and asphalt. Subject to the foregoing: 8.1. Easement on Tract III(207 Stanton). The Owner of Tract I(Ramp) shall be solely re- sponsible for maintaining the access drive located on Tract III and for all costs of main- taining said access drive, including the replacement or reconstruction of said access drive and any structural component. FJF N 2001.12.19.10.56.07 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa EASEMENTAGREEMENT Page 3 8.2. Easement on Tract IV(225 Stanton). The Owner of Tract IV(225 Stanton) shall be solely responsible for maintaining the access drive located on Tract IV. The Owner of Tract I shall pay monthly to the Owner of Tract IV twenty percent of the actual cost of maintaining the access drive located on Tract IV. For purposes of this paragraph"main- tenance" includes individual expenditures not exceeding $2,500.00 as adjusted by CPI. The Owner of Tract IV and the Owner of Tract 1 shall agree in writing to individual ex- penditures exceeding$2,500.00 as adjusted by CPI. 8.3. Easement on Tract V(301 Stanton). The Owner of Tract IV(225 Stanton) shall be solely responsible for maintaining the access drive located on Tract V. The Owner of Tract I shall pay monthly to the Owner of Tract IV twenty percent of the actual cost of maintaining the access drive located on Tract V. The Owner of Tract V shall pay monthly to the Owner of Tract IV five percent of the actual cost of maintaining the access drive located on Tract V. For purposes of this paragraph "maintenance" includes individual expenditures not exceeding $2,500.00 as adjusted by CPI. The Owner of Tract 1, the Owner of Tract IV, and the Owner of Tract V shall agree in writing to individual expen- ditures exceeding$2,500.00 as adjusted by CPI. 8.4. Easement on Tract I(Ramp)for Tract II(200 Stanton). The Owners of Tract I(Ramp) and Tract II(200 Stanton) shall be responsible for maintaining the Parking Facilities lo- cated on Tract I. The Owner of Tract H(200 Stanton) shall pay monthly to the Owner of Tract I sixty-five percent of the actual cost of maintaining the Parking Facilities, which shall include the cost of maintaining access drives as described herein. The Owner of Tract I and the Owner of Tract II shall agree in writing to individual expenditures ex- ceeding$5,000.00 as adjusted by CPI or which are necessitated by the replacement or re- construction of structural components. 9. CITY APPROVAL. City approves the cross-easements herein as satisfying City's condition for building permits and zoning approval. Titleholder agrees for Titleholder and for future Owners that the easements described herein shall not be released, terminated, or the uses materially di- minished without the consent of City. 10. TITLE WARRANTY. Titleholder warrants that Titleholder holds said land by title in fee simple; 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. 11. 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 WITNESS WHEREOF the undersigned has executed this instrument on 19 December 2001. TERRA FIRMA,L.P. BY. EV COCHRANE&ASSOCIATES,INC.,General Partner BY: y David A.Keller,Vice President FJF N 2001.12.19.10.56.07 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa ^ Ctq e. ti EASEMENTAGREEMENT P STATE OF IOWA,COUNTY OF STORY, SS: On 19 December 2001,before me,the undersigned, a Notary Public in and for said state,personally appeared David A.Keller,to me personally known,who,being by me duly sworn did say that the person is the Vice President of Ev Cochrane&Associates,Inc.,an Iowa business corporation,the corporate general partner of Terra Firma,L.P.,an Iowa limited partnership,executing the foregoing instrument,that no seal has been procured by the corporation;that the instrument was signed on behalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by authority of the corpora- tion's Board of Directors;and that David A.Keller as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnershi by it and by the officer voluntarily executed. 'OAL KIMBERLY A.ALDINGER 9��" �. COMMISSION N0.713435 * * MY COMMISSION EXPIRES #ow� NOVEMBER 5 20 b NOTARY PUBLIC IN WITNESS WHEREOF the undersigned has executed this instrument on th,e 11! day of 200 J � x CITY OF A ES,IO BY BY: � Ted Tedesco,MUoor Diane R.Voss. Clerk STATE OF IOWA COUNTY OF STORY SS: On th -* day of a 200 before me the Public in and for said state personally appeared Ted Tedesco and Diane R Voss me personally known and,who.being by mdtduly sworn did say that they are the Mayor and City Clerk respectively of the City of Ames Iowa that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation and that the instrument was signed and sealed on behalf of the municipal cor oration b authorityof its CityCouncil as contained in the Resolution N° 60 —OAT adopted by the City Council on the �T day of A avi 2009,1 and that Ted Tedesco and Diane R Voss acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the comoration by it voluntarily executed. '1_1. NOTARY PUBLIC RGER KMy RIPPE1 N4L� OMSSION# M X IOWP l PIRES APPROVED AS TO BY C John R.Klaus OYA#DMeY FJF N 2001.12,19.10.56.07 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa Chamberlain Street N , Tract II , 4OTraqct111 Tract I ti N O Q _ O C --- - - Cn Ll --- ---- Tract IV - - 000 o z --- _ 5 30 , Tract V 0 15 60 SCALE 1" = 60' __j EP#95013.03 - RDL - Dec.19,2001 v Exhibit "A"Parkin Easement - 200 StantonEi-F�IIENGINEERING PLUS, INC. g Ames,Iowa 515-232-8553