HomeMy WebLinkAbout~Master - Access Easement Across City Property of Parking Lot X (Welch Parking Lot) to Benefit 122 Hayward Avenue I Date:Jul 05?2J016 12:07:91:31P
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Ames City Clerk
Box 811
Ames IA 50010
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NT'PREPARED BY: Brian D.Totresi,2605 Northridge Pkwy., Ste.101,Ames,lA 50010(515)288-2500
RETURN To: Davis Brown Law Firm,2605 Northridge Pkwy.,Ste.101 Ames IA 50010
.FLOATING ACCESS EASEMENT AND GENERAL EASEMENT AGREEMENT
RECITALS
WHEREAS,the City of Ames (hereinafter referred to as"Grantor"and as further defined herein)
owns real property in the middle of the block which is bordered by Lincoln Way on. the north,
Chamberlain Street on the south, Welch Avenue on the east, and Hayward Avenue on the west, which is
presently developed and used by Grantor as "Campustown Parking Lot X" and more particularly
described as the Burdened Property(as that term is defined herein); and
WHEREAS, Campus Plaza, L.C. (hereinafter referred to as "Grantee" and as further defined
herein) owns and is redeveloping real property currently locally known as 122 Hayward Avenue and
more particularly described as the Benefited Property (as that term is defined herein), the east and north
boundary of which abut the Burdened Property; and
WHEREAS, Grantee, as part of the redevelopment of the Benefited Property, desires to Secure
permanent rights allowing vehicular access and ancillary pedestrian access across the Burdened Property
into the parking facilities that Grantee will construct on the Benefited Property; and
WHEREAS, Grantor desires to grant the aforementioned rights to Grantee, but in such a way
that preserves for Grantor the ability to determine the specific route across the Burdened Property,
including the ability to change the route to be across real property that Grantor may acquire in the future
(the"Future Property").
NOW, THEREFORE,the Parties do hereby agree as follows:
1. PURPOSE. The purpose of this Agreement is for Grantor to grant the right of vehicular
access and ancillary pedestrian access to Grantee across the Burdened Property, or the Future Property, in
such a way that Grantee is assured it will always have a means for vehicles to access the parking facilities
it is constructing on the Benefited Property while simultaneously preserving the maximum flexibility for
Grantor to develop the Burdened Property in whatever way it may determine so long as that development
does not impede the access rights granted herein.
2. DEFINITIONS. When used in this Agreement (as that term is defined herein), unless
otherwise required by the context:
(a) "Grantor" means the City of Ames, Iowa, and includes Grantor's successors and assigns,
whose mailing address for purposes of this Agreement is: 515 Clark Avenue,Ames, Iowa 50010.
(b) "Agreement"means this instrument as signed by the Grantor and the Grantee.
(c) "Benefited Property"means the real property legally described as follows:
Parcel "J" in Lots Twenty-three (23), Twenty-four (24), Thirty-four (34), and
Thirty-five(35), all in Block Four(4),Auditor's Replat of Blocks Three(3),Four
(4), and Five (5), Beardshear's Addition and Walter's Subdivision to Ames,
Story County, Iowa, as shown on the Plat of Survey filed in the office of the
Recorder of Story County, Iowa, on May 23, 2016, as Instrument No. 2016-
00004332,Slide 536,Page 4
(d) "Burdened Property"means the real property legally described as follows:
Parcel "A" a part of the Northeast Quarter (NEI/4) of the Northwest Quarter
(NWl/4) of Section Nine(9),Township Eighty-three(83)North, Range Twenty-
four(24)West of the Sth PM,Ames,Story County,Iowa,as shown on the Plat of
Survey filed in the office of the Recorder of Story County, Iowa, on April 4,
1997, as Instrument No. 97-03178,Book 14,Page 181
(c) "Grantee" means Campus Plaza, L.C., and includes Grantee's successors and assigns,
whose mailing address for purposes of this Agreement is: 2519 Chamberlain Street, Suite 101, Ames,
Iowa 50014.
(f) "Parties"means, collectively, the Grantor and the Grantee.
(g) "Plat-1" means the Plat of Survey referenced in the legal description of the Burdened
Property. A true and accurate copy of Plat-1 is attached hereto as Exhibit A and incorporated herein by
this reference as if fully set forth.
(h) "Plat-2" means the Plat of Survey referenced in the legal description of the Benefited
Property. A true and accurate copy of Plat-2 is attached hereto as Exhibit B and incorporated herein by
this reference as if fully set forth.
3. GRANT OF ACCESS EASEMENT RIGHTS; FUTURE LIMITATION RIGHTS. Grantor, for
good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby
grants, sells, and conveys to Grantee, a floating ingress/egress and access easement upon and across the
Burdened Property to the entrances of the parking facilities abutting the Burdened Property,and above the
Burdened Property only to the extent as is necessary for pedestrian and conventional passenger vehicle
access (including waste disposal vehicles) to those entrances, subject to the ability to limit the scope
thereof as provided herein, for the benefit of the Benefited Property, together with all other rights and
appurtenances thereto.
Grantor shall only be responsible for providing access in a manner that allows for access to the
minimum number of required off-street parking spaces as set forth under the applicable zoning ordinances
of Grantor, but not to exceed forty-five (45) parking spaces, to ensure the Benefited Property complies
with zoning and other ordinances of Grantor with respect to the development and use of the Benefited
Property for commercial and apartment uses.
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Grantor shall have the right, at any time and upon fourteen(14)days written notice to Grantee, to
limit the scope of the access easement rights granted herein to a defined area within the Burdened
Property so long as said limitation in scope does not prevent access to the Benefited Property from a
public street which abuts the Burdened Property(as depicted on Plat-1).
Grantor shall have the right, at any time and upon forty-eight(48) hours written or posted notice
to Grantee,to temporarily close,restrict,or limit access through the Burdened Property with no obligation
to provide alternative means of access or replacement parking during the period of limited access or
closure. Emergency closure or restriction of access may be done without prior notice to Grantee.
Notwithstanding anything in this Agreement to the contrary, with proper title and authority and
upon fourteen(14) days written notice to Grantee, the area of the Burdened Property may be reduced in
size, expanded to include the Future Property, or modified in any other manner so long as substantially
similar access is provided to the Benefited Property.
Grantor bears no liability or obligation for improvements to the Benefited Property under this
Agreement. In the event any modifications to the route of access to the Benefited Property create the
need for adjustments or modifications to the parking and driveway improvements built on the north side
of the building on the Benefited Property, said adjustments or modifications shall be made at the sole cost
and expense of Grantee. Notwithstanding,the Parties hereby understand, acknowledge, and agree that no
modification to the route of access to the Benefited Property shall be made which would create the need
for adjustments or modifications to any building or parking ramp on the Benefited Property.
Grantor has no obligation or special duty for maintenance or snow removal to accommodate
Grantee's use of the Burdened Property,
4. NONEXCLUSIVE EASEMENT: TERM. The rights granted under this Agreement are not
exclusive. This Agreement shall not preclude Grantor from granting similar easement rights to third
parties upon terms and conditions that do not impair or diminish the rights granted under this Agreement
to Grantee.
This Agreement and the easement rights granted herein shall continue for an indefinite term and
shall run with the Burdened Property and the Benefited Property.
Because the easement rights granted herein are for a specific, limited purpose, in the event said
easement rights are no longer needed by Grantee for that purpose due to a change of use of the Benefited
Property or the redevelopment of the Benefited Property subsequent to the construction of the
improvements identified on the 122 Hayward Minor Site Development Plan (City Planning File 16-03),
the easement rights granted to Grantee by this Agreement shall terminate.
5. TITLE WARRANTY. Grantor warrants to Grantee that Grantor holds the Burdened
Property by title in fee simple and that Grantor has good and lawful authority to grant the easement rights
herein provided for.
6. RIGHTS RESERVED. Grantor reserves any and all rights to continue to use and enjoy the
Burdened Property for any and all purposes that do not unreasonably interfere with or interrupt the
enjoyment of the easement rights as referenced herein.
7. 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
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Iowa. 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.
8. ENTIRE AGREEMENT. This instrument constitutes the entire 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.
9. EQUITABLF,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.
10. 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 Grantor and Grantee have executed this Agreement on
this 2.`f day of J—yA&,e,, ,2016.
CITY OF AMES,IOWA,Grantor CAMPUS PLAZA,L.C., Grantee
By: By:
An Campbell,Mayor can Jensen, an ger
STATE OF,.IOWA,`STORY COUNTY, ss: STATE OF IOWA, STORY COUNTY, ss:
This instrument was acknowledged before me on thiaday of This instrument was acknowledged before me on this Zy day of
itrn¢- 2016 by Ann Campbell, as the Mayor of the ANV. 2016 by Dean Jensen, as a Manager of
City of Ames,Iowa, Campus
/Plaza,L.C.
Notary Public in and for the St9te of Iowa Notary Public in and for the State of Iowa
My commission Expires 3 /7-1 My commission Expires_ 7,0 to'
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EXHIBIT A
PLAT-1
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03
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STORY COUNTY,(OVA
5� FILED FOR RECORD
\� AM APR 0 4 199
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STUMBD AND ASSOCIATES LAND SURVEYING, INC. P.O. BOX 1664 AMES. IOWA 50010 515-233-3689
PLAT OF SURVEY
--__-- - LINCOLN WAY (66')
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0.J O P O q O P O O p p p O O O O
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0 0} 'X I CO'C. o 0o INTAKE o
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S90'00'00'E (D
o 550-00.00`E 270.68' - - -�_ _ Aw 14.33' iQ
s 81. CORNERS
-
N i90'DO' SET PUNCHRARK- Y IN BUILDINGS W
o IN THE VALLEY „ 14.78
N OF THE CONC. _ O
CURB, ro oo ;u ^38.00' Z
NN CORNER a m w Q a N90'00'00'N UU
o~LOT 20, BLOCK 4. U' " '
OANER-FAL- 05'
�80UTH OF THE w o m NE CORNER
v BUILDING CORN R ON o p LOT 27. BLOCK 4 S
!11 c= o THE NEST FACE OF THE PARCEL 'A' w 1/2�1 'X' IN CONC. W tJ
m m BRICK AT GROU O LEVEL. 0.47 ACRES REBAR SET (yJJ
Z oto
W'�' N I -NW CORNER
LOT 27, BLOCK 4 REC. AS: 108' !•
ti NO 9 SET 6Od SPIKE S0 N Q
z r o CRACK OF CONC N69'37'1 'N c77
d �CK 6 p0,� pMOA.9 0 A CURB. PK o w AIL
SET N(TYP.) CONCRETE
Q 0�AS oil SON NAE9• ��-' - - - - ='• SET
0 1
Q AVO R;�e OE w o FREBAROUND /,� N BE
Z 9EA p1`�1'9 do ~ !/2' DEBAR o o LOT 27. BLOCK 4
0 1 w/ CAP F6086 N J PIPE FOUND 0,6e'
FOUND—� NEST 8 0.87'
SOUTH OF LINE
R TNe 7 2 ' '•
N 9'676 m �
0 1/2" REBAR o N SE CORNER
w/ CAP ►6565 o LOT 28. BLOCK 4.
FOUND o W �, OR CORNER 1/2"rREBAR FOUND
Z•. ca, o LOT 29, BLOCK 4 0,3' NEST OF LINE
ppco ro.,�o J SET PK NAIL IN
} (N� .Z[ 4 pN
s,W tnNrw IL J J
�oxo 1/2'
IWAR
t� t�uu.0 FOUND
GRAPHIC SCALE 1"-60'
CHAMBERLAIN STREET (66')
0 60 120 ie0 Sr(/�i
Certification: I hereby certify that this land surveying O�P� �SGEN3� B�
ODCume was prepared and the related survey work was performed
b
y Under 'personal supervision and that I am a O L
yor under the laws of the State of Iowa. � 73
6586
- cense 58My li1s De
er 31, 1998 Q
IOWA O
Jab 013624 Date: 3/21/ 7 Page i of 2 ��� SUR��y
BM PAGE t
N• �i
EXHIBIT B
PLAT-2
-G-
I InstruseaE:20I6-C000433I
s O4telaaa 2T.ZOI6 i1113=i7A
b AW Fee. 5.00 E-Cos Feat 1,U13
AO Trans Tax: g0
R Rec CanaaeA=.nt Fee: 1,00
Non-Standard Foe Fee: .SO
G 2 Filed for record In Story Coont5l foss
SL1DIl �r3kO. PAGII St9c(e L.H�ridse>Caunt9 Re<or1
R. BRADLEY STUMBO P.O. BOX 1664 AMES, IOWA 50010 515-233-36B9
PLAT OF SURVEY
LOT 19 'LOT 18'LOT 17 LOT 16 LOT 35 LOT 141 LOT 12 LOT 13 LOT 10 LOT 8 LOT 7 LOT 6
1 1 I
NN COR1 LDT q PT PARCEL A NC CDR. LOT 24
FOUND Y' CUT FOUND f/2' REBAR' 1 1
IN CONCRETE AEC.AS 509'S8'OS•N ---- -- - - CDR. LOT 25 - - - - - -
N69'54'49'E 49.BB' 559'SD'22"E Q1.36' FOUND NAG NAIL
50'fP1 AEC. AS 509'56'01'M 03.45'
$� 10' ELECTRIC
mn _tA;d•NENT
LOT 20
FOUND 1/2' REBAR
SUAVE pv "N.
r N/YELLOW CAP 6V2 goesse6 �LOT 22 o �@oo, N
NW COR, LOT23 REC. AS N0e'51'07-E e6' 3� LOT 24 a)!• LOT 29 -. C�CUT 'V• IN CONC 589'S2'39'E 69 ' oN n NO�a LOT 26 1
EXISTIAG I.'EASEMENT FOA Ilkm
SEWER. WATER C GAS I NE CDR, LOT 23 N7 i0i
QPti
_- /2/13/1955 SET NAG NAIL G�i
,; H� e
LOT 23 1 SE COR. LOT 24
CORNER FALLS NE COA: LOT 35
0.19' INTO NORTN qEC.As Nag•1]'19'E FOU.VO V' CUT
- - - - - - - - -- ----4 _ FACE-OF BL06-- NB9'42'36'E 61.52' TN CONCRETE
d
- -- -- - - - - - - - - -
u1 < � L � GK 4
PARCEL J LOT 35
24764.24 S.F. LOT 27
i� 0.57 ACRES ZZ Y
C) N I W
N or
3: O_ - - - _. I W W o_
a - - - _ __ _ _ _ _ __ ____ _ _ _ - - - - O'p£ - -- - - - - - - - - -
x _ -_ _ -_ _ -
W
LOT 34
LOT 28
SE COn. LOT 34
SET WA6 NAIL
SW COR. LOT 34 NB9'52'37'W 161.19' N89'SD'15"H 73.23'
SET 60d NAIL REC. AS 301.10' I I REC.A9 N69.9773.
IN EXPANSION 1
JOINT SE CDR, PARCEL A
FOUND 1/2" REBAR
W/YELLOW CAP
#6506
I m f
LOT 29
PARCEL 0
SL 182, PO 4 I I
LOT 33
i LOT 32 1
I ,
Survoyy Description:
Lots 23. 24. 34 and 35. all in Black 4 of the Auditor's ReDlat of elocks
3, 4 and 5, Beardshears's Addition and Waltar's SUbdIY]s Ion, City of
Ames. Story County, Idxa, all together centeining 0.57 acres. L07 3i
Th0 Ames City COUOCII approved this Plat of Survey on M� 2a18,
With Resolution No. -2F,Y. I certify that it conforms al] condlti0na
for approval.
Planning and HOUs ng Dirocbor
GRAPHIC SCALE 1"=40'
PROPRIETOR: CAMPUS PLAZA, LC
0 40 80 120 SURVEY REOUES7E0 BY: SCOTT RENAUD
Certification: I hereby certify that this land surveying
gocumenL was prepared and the related Survey work was performed LEY ST
by me or under my direct Personal supervision and that I am �SDEN o G
STUMBD 4 ASSOCIATES duly licensed Land Surveyor antler the laws of LAND SURVE rING the State of Iowa. ? o
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AMES,IOWA SOOW R. Bradley �utU bo License fl 161
FH.515-253-3604 " FAx 515-293-4-105 My license renewal date is December 31. 2017 d1, ZMA
Jotr M16880 Date: 4107/16 Page I of 1 AL LA14O
Flaldwork Completed: 12/18/15