The URL can be used to link to this page

Home My WebLink About~Master - Driveway - Hunziker, McMillen - Lots 12 & 13, Cayler's Second Addition qq.08738t/ ' INST.IVO. STORY COUNTY,IOWA �1 FILED FOR RECORD Z/ a ,AN AUG 1 19 4 P�1'► SUSM L VANDE KAMP, Recording Fee - Aws Fee$ GRANT OF EASEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT is made and entered into this day of by and between E.A. and Margaret Hunziker (hereinafter Hunziker) and Ron Ad L McMillen (hereinafter McMillen). WHEREAS, Hunziker represents and warrants that they are the owners of the following described real estate herein designated and referred to as Parcel 9, to wit: SEE EXHIBIT "A' WHEREAS, McMillen represents and warrants that he is the owner of the following described real estate herein designated and referred to as Parcel 10, to wit: SEE EXHIBIT "A" WHEREAS, said Parcels 9 and 10 adjoin each other and adjoin an access road from U.S. Highway 69; and WHEREAS, Hunziker desires to acquire, for the benefit of Parcel 9, an easement for ingress and egress upon, over and across a portion of the real estate owned by McMillen (Parcel 10) and consisting of a paved parking lot and driveway to be constructed on a portion of real estate legally described as follows, to wit: SEE EXHIBIT "A' as an appurtenance to and for the benefit of Parcel 9; and WHEREAS, McMillen desires to acquire for the benefit of Parcel 10, an easement for ingress and egress upon, over and across a portion of the real estate owned by Hunziker (Parcel 9) and consisting of a paved parking lot and driveway and-situated upon a portion of real estate described as follows, to wit: SEE EXHIBIT "A' as an appurtenance to and for the benefit of Parcel 10; and WHEREAS, the basic purpose of the easements hereby created is to permit ease of public and customer travel and access to and from Parcels 9 and 10, and the main highway (Highway 69); and WHEREAS, said Parcels 9 and 10 have been developed and are presently in commercial use; and WHEREAS, it is agreed by and between Hunziker and Mc:'Vbllen that it is to their mutual benefit as owners of Parcel 9 and 10 respectively to grant and convey the easements herein described, in fact, a benefit to the real estate owned by Hunziker and McMillen. WP\LTR77\92471G.AGR - 1 NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1. Hunziker does hereby grant unto McMillen and unto their heirs, grantees, lessees, assigns, clients, customers, invitees and the public, an easement for ingress and egress upon, over and across a portion of the real estate herein designated as Parcel 9 owned by Hunziker consisting of a paved parking lot and driveway owned by Hunziker and situated on a portion of said real estate described as follows, to wit: SEE EXHIBIT "A" as an appurtenance to and for the benefit of the real estate herein described as Parcel 10. 2. McMillen does hereby grant unto Hunziker and unto their heirs, grantees, lessees, assigns, clients, customers, invitees and the public, an easement for ingress and egress upon, over and across a portion of the real estate herein designated as Parcel 10 owned by McMillen consisting of a paved parking lot and driveway to be constructed on a portion of said real estate as follows, to wit: SEE EXHIBIT "A" as an appurtenance to and for the benefit of the real estate herein described as Parcel 9. 3. That said easements herein granted by Hunziker to McMillen and by McMillen to Hunziker shall be for their mutual benefit, their heirs, grantees, lessees, assigns, clients, customers, invitees and the public and said respective parcels and tracts of real estate. That the easements herein described shall be for the purpose of granting to the respective parties, their heirs, grantees, lessees, assigns, clients, customers, invitees and the public the right of ingress and egress over, upon and across said portion or portions of real estate owned by the respective parties hereto for the purpose of permitting ease of public and customer travel and access to and from said Parcels 9 and 10 and the main Highway (Highway 69), and that all of the same shall be binding upon the parties, their heirs, grantees, lessees and assigns and shall run with the land. 4. Hunziker and McMillen hereby agree to develop a fair and equitable maintenance program for the paved portion of the easements herein granted at their own expense and agree to keep the same in good repair and that said obligations to maintain and repair shall include snow removai and it shall be binding upon the parties hereto and their heirs, grantees, lessees and assigns and this agreement to maintain shall run with the land. WP%L'iRn9-A?1G.AGR - 2 - -i 4 087.38 ( 2) 5. That the consideration for the easements herein granted shall be the payment by each party to the other of one dollar ($1.00) and, additionally, the mutual benefits to the parties of the granting of such easements. Each party does hereby acknowledge the sufficiency, and receipt, of the consideration for the granting of the easements herein described. E.A. Hunziker M rga Hunziker Ronald I McMillen STAT'OF IOWA ) ss: COUNTY OF STORY ) THIS IS TO CERTIFY that on this day o , 1994, before me, the undersigned, a Notary Public in and f the State of Iowa, personally appeared E.A. Hunziker and Margaret Hunziker, to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged to me that they executed the same as their voluntary act and deed. Notary Publi in and for Iowa (SEAL) My commission expires: -0.� =�PP�ALSr KELLY WHITE MY COMMISSION EXPIRES ow � • 08738 (. ) WP\LTRT]\92471G.AGR - 3 5. That the consideration for the easements herein granted shall be the payment by each party to the other of one dollar ($1.00) and, additionally, the mutual benefits to the parties of the granting of such easements. Each party does hereby acknowledge the sufficiency, and receipt, of the consideration for the granting of the easements herein described E.A. Hunziker Margaret Hunziker RLITHIE M.WILSON �j< - L OOVu EMNI EXPIRES Ronald J. McMillen 9�-o8'73s Cy) WP\LTR77\92471G.AGR '��' ---------------------------------------------------------------------------------------------------------------------------------------------------------- ' DR IVEWAY EASEMENT PLAT PARCEL 9 DESCRIPTION THE EAST 175. 00 FEET OF LOT 13 , OF CAYLER' S SECOND ADDITION TO AMES, IOWA. LOCALLY KNOWN AS 435 SOUTH DUFF, AMES, IOWA. AND A DRIVEWAY EASEMENT ACROSS THE EAST 30. 00 FEET THEREOF . PARCEL 10 DESCRIPTION LOT 12 OF CAYLER' S SECOND ADDITION TO AMES, IOWA AND A DRIVEWAY EASEMENT ACROSS THE EAST 30. 00 FEET THEREOF. LEGEND Z Exl&ing Proposed I;luyj JG_ FQ W sedlon corner A A Iron Mawmit S O ROW Marker ■ ■ Row Ran : 0 50 Pt.PC.PT,POT,POST O Bench Mark Plated Distance P Mwwred Bearing& Dtsfance M Recorded A, R D,ed Distance D ColadoW Durance c caterlr SCALE ne sexton ulw — sealon une — — — — ..%4 sewon tine — — — — — Eoamwt Une — — — — C� 11` 1 , �- 60.0'R —� 100.0'R �o V PARCEL 9 o PARCEL 10 b L6 o Ln ti - �.� 30'DRIVEWAY EASEMENT y0 U) /// 100.0'R I� 1 0 I N�� `�------ EXISTING R.O.W. SOUTH DUFF AVENUE j East Line N.W.i4Sec.11 II �Q (US. HIGHWAY 69) SOUTH DUFF AVENUE RIGHT-OF-WAY SHEET / OF 1 PARCEL 9 - E.A. & MARGARET HUNZIKER/ PARCEL /0 - RONALD J.MCMILLIAN PN 9247IG FN A500 ENGINEERS 501 S.W. ORALABOR ROAD DATE: 12117192 S N Y D E R & ASSOCIATES PLANNERS ANKENY, IA 50021 (515) 964-2020 TECH: KMM