The URL can be used to link to this page

Home My WebLink AboutA001 - Cross-Easement Agreement tu41A0010 f A sClerk instrument:2015- 0001�)€0o 515Ave Sate:Oct 26,2015 10:52:17A A s G Rac Fee: ::,+).00 E-Com Fee: 1.00 j3 Aud Fee: ,(1(1 Trans Tax: ,llii Rai: Management Fee': 1.00 Non-Standard Page Fee: .00 Filed for record in Story Uunts, Iowa Stacie L. Herridga► Counts Recorder INSTRUMENT PREPARED BY: Brian D.Torresi, 2605 Northridge Pkwy., Ste. 101,Ames, IA 50010(515)288-2500 -RETrrfts-To: Brian D.Torresi, 2605 Northridge Pkwy., Ste. 101,Ames, lA 50010 CROSS-EASEMENT AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: THIS CROSS-EASEMENT AGREEMENT(this"Agreement")is hereby made and given by and between Turn Key Investments, L.L.C.,an Iowa limited liability company(the"Turn Key"), and Charles E. Winkleblack and Debra A. Winkleblack, husband and wife (collectively, "Winkleblack") (Turn Key and Winkleblack are sometimes hereinafter referred to collectively as the"Parties"or individually as a"Party"), upon the following terms and conditions: 1. LOT OWNERSHIP. (a) Turn Key is the current titleholder of the real property legally described as Parcel"A"of Lots One(1)and Two(2)in Walnut Ridge Subdivision First Addition and the East 73.74 feet of the alley in Edgewood Fifth Addition, all in the City of Ames,Story County Iowa,as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on; 2015, as Instrument No.2otS_ t039$ ("Turn Keys Lot");and(b) Winkleblack is the current titleholder of the real property legally described as Parcel`B"of Lots One(1)and Two(2)in Walnut Ridge Subdivision First Addition to the City of Ames, Story Coung Iowa z as shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on Se�enrb�r Z(,, 2015, as Instrument No. 2.o16'— 10318 ("Winkleblack's Lot"). Turn Key's Lot and Winkleblack's Lot are hereinafter collectively referred to as the "Lots". 2. EASEMENT PURPOSE. The Lots are adjacent to each other and are connected by common drives and drive aisles, The Parties wish to provide for a right o1 access across the Lots and to and from the adjacent public right-of-way(now known as Lincoln Way)through the Easement Areas(as defined herein)to provide a common path for ingress and egress among and between the Lots. Additionally,the Parties wish to provide to each other reciprocal storm sewer, surface water flowage, and storm water detention easements upon, underground, over, or across the Easement Areas. 3. EASEMENT FOR THE BENEFIT OF WINKLEBLACK'S LOT. Turn Key hereby grants to Winkleblack,and the successors and assigns thereof,for the benefit of and appurtenant to Winkleblack's Lot and for the uses and upon the terms and conditions provided in this Agreement, the perpetual right to enter upon that area of Turn Key's Lot("Easement Area-I")described as follows: That part of Parcel "A" of Lots One (1) and Two (2) in Walnut Ridge Subdivision First Addition and the East 73.74 feet of the alley in Edgewood Fifth Addition, all in the City of f Ames,Story County,Iowa,as sh wn on the Plat of Survey filed in the office of the Recorder of Story County, Iowa,on r 2G,2015,as Instrument No. Zot S—1034)? ,from the access points on Lincoln Way,and over and across all driveway areas between the parking stalls all as shown on the Site Layout and Dimension Plan(the"Site Plan")(a copy of the Site Plan is attached hereto as Exhibit A and by this reference are incorporated herein as if fully set forth). 4. EASEMENT FOR THE BENEFIT OF TURN KEY'S LOT. Winkleblack hereby grants to Turn Key, its successors and assigns,for the benefit of and appurtenant to Turn Key's Lot and for the uses and upon the terms and conditions provided in this Agreement, the perpetual right to enter upon that area of Winkleblack's Lot("Easement Area-2")described as follows: That part of Parcel "B" of Lots One (1) and Two (2) in Walnut Ridge Subdivision First Addition to the City of Ames.Story County, Iowa,as-shown on the Plat of Survey filed in the office of the Recorder of Story County, Iowa, on er 26, 2015, as Instrument No. 2--lS- to3g;9 ,from the access points on Lincoln Way,and over and across all driveway areas between the parking stalls all as shown on the Site Plan. 5. EASEMENT USES. The Parties hereby reserve a perpetual easement within,over,upon,across, and under Easement Area-I and Easement Area-2(collectively,the"Easement Areas"),as applicable,for the purpose of ingress and egress to and from the Lots and for storm sewer,surface water flowage,and storm water detention purposes. The easement rights reserved in this Agreement shall also be for the purpose of constructing, reconstructing, repairing, operating, using, and maintaining any ingress and egress routes and ensuring adequate internal vehicular and pedestrian circulation between the Lots within the Easement Areas. The easement rights reserved in this Agreement are for the benefit of Turn Key and Winkleblack, as applicable,and each of their respective successors,assigns,and subsequent titleholders of Turn Key's Lot and W inkleblack's Lot. None of the Parties,nor any of the successors and assigns thereof,shall obstruct or impair the use of the easement rights reserved and granted herein on the Lots within the respective Easement Areas. Nothing in this Agreement shall obligate a Party to construct,reconstruct,repair,or maintain any portion of an Easement Area on the property of any other Party. 6. CITY APPROVAL. This Agreement is entered into between the Parties to satisfy certain requirements of the City of Ames,Iowa(the"City")as a condition for the approval of a Plat of Survey and for other related approvals. The Parties,and their successors and assigns,hereby understand,acknowledge,and agree that the rights granted herein shall not be released or terminated without the prior written consent of the Citv. 7. NONEXCLUSIVE EASEMENT. The rights granted under this Agreement to the Parties are not exclusive. This Agreement shall not preclude the Parties from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this Agreement. 8. RIGHTS RESERVED. The Parties reserve any and all rights to continue to use and enjoy the Lots for any and all purposes that do not unreasonably interfere with or interrupt the enjoyment of the easement rights as referenced herein. 9. INTERPRETATION. 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 to the context. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. 2 T The paragraph headings in this Agreement are for convenience only and in no way define or limit the scope or intent of any provisions herein. constitutes the entire 10. ENTIRE AGREEMENT. This instrument c agreement between the Parties with respect to the subject matter hereof 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 and subject to Paragraph 7 herein. 11. EQUITABLE RIGHTS OF ENFORCEMENT. The rights granted herein may be enforced by restraining orders and injunctions, temporary or permanent, prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference,without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Parties to, or those benefited by,this Agreement;provided,however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 12. COUNTERPARTS. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument,and in making proof hereof, it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS OF THIS AGREEMENT the Parties have executed this Agreement as of the dates set forth below. TURN KEY INVESTMENTS, L.L.C. By: --46'v, 1 1/ — ark J. son, Manager B y: QW, � "'Uwz— Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: 67 This record was acknowledged before me on this, 4 day of 2015,by Mark J. Hanson and Charles E. Winkleblack, as the Managers of TuVeylnents, L.L.C. JENNIFER KAPAUN COmmission Numbw 783061 • Ma Commission Expires Nota uthe St e of Iowa My co 3 I� C LES E. WINKLEBLACK DEBRA A. WINKLEBLACK 3 STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this Lday o tiw 2015. by Charles E. Winkleblack and Debra A. Winkleblack, husband and wife. Noiqr u i in d for the State of Iowa My com ion expires JENNIFER KAPAUN $, t CommWeion Number 783061 My Co unisrn Expires 4 EXHIBIT A SITE PLAN ..r i II i ,r z III ,,!•__ ...rp--- -- ------- �C ��' IIi P €. I ¢~ P A _ It f I rl IN x�l i. _ G 9 = g xrs I m ' n g " r m �` ( I I m N� SITE LAYOUT`SAN AND DIMENSIONING PLAN Pox En9,I1e gAasxuue.me V �1 0 o wuxur_GE mxnExau 1a swm vm weal,S.I.tm c are FOXA—,lawn K. N • a uxColN wAv 'Y` Pnone.,515)2334 d a�RMFS.0 engineering PAX.(515,233-0103 US/eUEwn,a>I30/1