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Home My WebLink About~Master - Cross Easement for Shared Driveway - Lincoln Manor, LLC - 3514 Lincoln Way 10/09/2006 12:42 FAX 5159563990 NYEMASTER LAW FIRM 121002 �� InsrrunenE:F04d- QQOO�Q03 fl Date:Jun 15►2006 10131115A D Ret Fee: 15.00 E-Con Fee: 1.00 G / Aud Fee: .00 Trus Tax: .00 Rec flanaserient Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Store Countlp Ioua Susan L. Vande Kann► County Retorder Instrument Prepared By and Retumto: Deborah S.Krautl4 1416 Buckeye,,Ste.200,Ames,IA 50010-8070:515-232 3921 DECLARATION OF CROSS EASEMENT FOR SHARED DRIVEWAY Now on this L day of 2006, LINCOLN MANOR, L.L.C., their successors and assigns, owner of the following desczibed real estate to-wit: Parcel H of the Northwest Quarter of the Northeast Quarter in Section Eight(8),Township Eighty-three(83)North,Range Twenty- four(24)'West of the 56'P.M., City of Ames, Story County,Iowa, as shown on the"Plat of rvey" fi-�in the office of the Recorder of Story County,Iowa, o 16 2006,as Instrument No. 06- CR�00610--xin Slid 1 at page�`("Parcel IT); AND Parcel r of the Northwest Quarter of the Northeast Quarter in Section Eight(8),Township Eighty-three(83)North,Range Twenty-four(24) West of the 5a'P.M.,City of Ames, Story County,Iowa, as shown on the "Plat of Sure " filed in the office of the Recorder of Story County, Iowa, on. IS'- 2006, as Instrument No, 06- QP904p9b.-Un Slide S/ at page��(Parcel"F); (collectively the"Premises"), creates the following easernents: 1. Creation of Shared Driveway Easement. The undersigned, Owner ofthe Premises, hereby establishes a cross easement for ingress and egress over a driveway entering thePremises from 10;0,2/2008 12:42 FAX 5159563990 NYEMASTER LAW FIRM a 003 Lincoln Way along the north boundary of the Premises. Owners of Parcels H and J respectively shall maintain the driveway in a useable and neat manner. The cost of any maintenance(including snow removal),repair or rebuilding shall be shared equally by the Owner of each Parcel except any damage resulting from the negligence of any person who uses or has used the easement areas pursuant to the authority of either owner, in which case the owner granting such authority shall be liable for said damages. 2. Creation of Cross Easement for Parking. The undersigned,Owner ofthe Premises, hereby establishes a cross easement for ingress, egress and parking over all paved areas ofParcels H and J. Owners of Parcels H and J respectively shall maintain their Parcel in a useable and neat manner. The cost of an maintenance(including snow removal),r air or rebuilding shall be bome by Y ( S repair g the Owner of each Parcel for their Parcel, except any damage resulting from the negligence of any person who uses or has used the easement areas pursuant to the authority of either Owner,in which case the Owner granting such authority shall be liable for said damages. 3. Easement to be Perpetual and to Run with the Land. The easements shall be perpetual and shall run with the land and be binding on and inure to the benefit of the Premises. 4, Governing Law. This agreement shall be governed, construed and enforced in accordance with the laws of the State of Iowa. 5. Modification of Dedaration. Any modification of this declaration or additional obligation assumed by any property owner in connection with this declaration shall be binding only if evidenced in writing and signed by each property owner or an authorized representative of each property owner and only with consent by the City of Ames, Iowa. Pot. a 10/g2/2006 12:42 FAX 5159563990 NYEMASTER LAW FIRM 0 004 IN WITNESS WHEREOF,this Declaration ' nad on the date first stated above. LINCO MAN R, 13y /J1 A. Sinclair, President STATE OF fOWA, STORE' COUNT On this (od -day of en&2 ,2006,before me,Notary Public in and for the State of Iowa, personally appeared fames A. Sinclair,to me personally known, who being by me duly sworn did say that that person is President of Lincoln Manor, L.L.C., Grantor and Grantee herein, and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said James A. Sinclair acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. Noojy Public in and for the State of Iowa X;\ TtAngicignal\DSKrtueh\ Done\SindAiP_1imlCingS�pgen+encAgrecmenc.doc 3 10/02/2006 12:43 FAX 5159563990 NYEMASTER LAW FIRM 0 005 I Instrueent:2006- 00006902 i7 Date:Jun I15r2006 10251D13A D Rec Fee: 10.00 E-Com Fee: 1.00 6 Aud Fee: .Do Trans Tax: .00 R Rec HanameBent Fee: 1.00 Non-Standard Pane Fee: .00 o Filed for record in Storm County, Iowa SLIDE a.b 1 PA,C.E-•,•__ Susan L. Vande Karwr County Recorder R_ BRADLEY STUMSO P.O. BOX 1664 AMES. IOWA 50010 515-233-3669 PLAT OF SURVEY LINCOLN WAY (ROW VARIES) FOUND S89-44'50'E 1/2" REBAR 53.50' 50 7-E -,,NW CORNER 6.96' 36-96 m7• (A) LOT 23. NEST SB9'44'50"E 399. 14 AMES SUSO. 1401 -19'11"w FOUND !/2- 50.07• 9.54 S. 50 (R) FOUND REBAR �• 1/2" REBAR FOUND 1/2" ¢ _, N 0 22- SW OF I cn REBAR 0.96' W. OF CORNER - �Z i 3, PARCEL H oN � ��I• rn 64691_ 16 SO FT (c(`tiyti(n z(("i� I 1.49 ACRES SET NAG NAIL (" o SBB'46' 19'w 398.62- h6q_ (NBB"4e'i9"E) SET 1/2" MEBAR-- H 569 sq�s CA Q 9171610 ITYPP) � 691 UT •)C' IN CONCRETE z r^ J N Y LLJ PARCEL J N 4 182593.74 SO FT n, 3.04 ACRES ti LLJ —7 Af m 11 w S 417.32- `^ IVI � 5- ELECTRIC C EASEMENT I Z s Owl SE RNIER in LOTCD12, WEST T'I AMES SUBD. -+ FOUND 3/47 =d4� _ a PIPE o' UTILITY EASEMENT FOUND 1/2- N89'50' 10'w 417.12 N69'So'10"w REBAR 0.10, 416.9' (R) SW CORNER 197.74, E. OF CORNER LOT 12, WEST ISO.1' (R) 3 AMES SUSO- _ PROPRIETOR: FOUND 1-1/4- LINCOLN MANOR, L.L.C. PIPE 0- R 24' C S_ OF ORNE mCU SURVEY REQUESTED BY: • rn JIM SINCLAIR' o� z NW CORNER 'GRAPHIC SCALE 1-=60' LOT 20, WEST CAMPUS VILLAGE ADON. - FOUND i/2- REBAR 0 60 160 240 Certification: I hereby certify that this land surveying pLEY document was prepared and the related survey work was performed Pp ST` My me or under my direct personal supervision and that I am a e `ticENSEo fm duly licensed Land Surveyor under the laws of the State of Iowa. 17161 Date: R. Bra ley StumbD License 0'17161 l4 iowP My license renew date is December 31, 2007 �O i Job #15705 Oat 6/14/06 Page 1 of 2 THIS SEAL COVERS Fieldwork Completed: 6/09/06 Two PAGES 10/02/2006 12:43 FAX 5159563990 NYEMASTER LAW FIRM 16006 PAGE 2 OF 2 PROPRIETOR: LINCOLN MANOR L.L.C. SURVEY REQUE5TEO BY: JIM SINCLAIR Survey Description - Parcel H: Part of the Northwest Quarter of the Northeast quarter of Section S. Township 83 North, Range 24 West of the 5th P, M., City Of Ames. Story County, Iowa, more particularly described as follows; Commencing at the Northwest Corner of Lot 21 of West Ames Subdivision. Ames, Iowa; thence 501 '15'27-E, 36.96 feet along the west line of said West Ames Subdivision to the Point of Beginning: thence continuing 501 '15'27-E, 157. 13 feet; thence S98 '48' 19"w, 398.82 feet; thence NOI '19' 11"W. 157.21 feet to a point on the south line of Lincoln Hay' thence S89 '44'50"E, 399. 14 feet along said line to the Point of Beginning, containing 2.49 acres. Survey Description - Parcel J: Part of the Northwest Quarter of the Northeast Quarter of Section 8, Township 83 North, Range 24 West of the 5th P_ M., City of Ames. Story County, Iowa, more particularly described a5 follows; Beginning at the Southwest Corner of Lot 12 of West Ames Subdivision, Ames, Iowa- thence N89 '50' 10"W, 417. 12 feet: thence NOi '19' 11-W, 256.05 feet; thence N5A '53'44-W. 70.00 feet to the beginning of a curve radial to said line; thence northeasterly and northerly 122.21 feet along said curve concave to the west, having a radius of 265.00 feet and a central angle of 26'25'20 and being subtended by a chord which bears N11 '53'36'E, 121. 13 feet- thence. N01 '19' 11"W, 50.07 feet to a Point on the south line of Lincoln Way; thence S89'44 '50-E. 53.50 feet along said line to the Northwest Corner of Parcel H- thence S01 '19' 11-E. 167.21 feet to the Southwest Corner of Parcel H, thence N88 '48' 19"E. 398.82 feet to the Southeast Corner, of Parcel H; thence SO1 '15'27"E, 296.44 feet along the west line of West Ames Subdivision to the Point of Beginning, containing 3.04 acres. Survey Description - Electric Utility Easement: A 5 foot wide strip of land across Parcel J in the Northwest Quarter of the Northeast Quarter of Section p, Township Q3 North, Range 24 West of the 5th P. M_. City of Ames, Story County, Iowa, the Center line of said easement being more particularly oescribed as follows; Commencing at the Southeast Corner of said Parcel J: thence No1 '15'27"W, 126.52 feet along the east line of said Parcel J to the Point of Beginning; thence S88'42'39"W, 417. 12 feet to a point on the west line of said Parcel J. and there terminating. Survey Description - Sanitary Sewer Easement: A 10 foot wide strip of land across Parcel J in the Northwest Quarter of the Northeast Quarter of Section 8. Township 63 North, Range 24 West of the 5th P. M.. City of Ames, Story County, Iowa, the center line of said easement being more particularly described as follows; Commencing at the Northwest Corner of saio Parcel J; thence 589 '44'50"E, 39.54 feet alongg the north line of said Parcel J to the Point of Beginning: thence SOI '26'28"E, 167.56 feet, and there terminating. SLIDE a ' PAGE o