HomeMy WebLinkAbout~Master - Ingress/Egress Easement with Iowa Car Wash Instrument p: 2021-09925
08/02/2021 03:34.31 PM Total Pages: 5
EASE EASEMENTS
Recording Fee: $ 27.00
Stacie Herridge Recorder, Story County Iowa
■III ri, N id, NV wf001111W Nm i 11111
INSTRUMENT PREPARED BY: Brian D.Torresi 2605 Northridge Pkwy.,Ames IA 50010 515 288-2500
RETURN To: Brian D.Torresi 2605 Northridge Pkwy.,Ames IA 50010
INGRESS/EGRESS EASEMENT AGREEMENT
THIS INGRESS/EGRESS EASEMENT AGREEMENT(this"Agreement"),is dated effective as
of Jul 1,2021(the"Effective Date'),by and between IOWA CAR WASH,LLC,an Iowa limited liability
company ("Grantor'), and CITY OF AMES, IOWA ("Grantee") (Grantor and Grantee are hereinafter
collectively referred to as the"Parties"or individually as a
RECITALS:
WHEREAS,Grantor is the owner of that certain tract of real property located in Story County,Iowa
legally described as:
Parcel"A"a part of Lot One(1),Carney and Sons' Subdivision,First Addition to Ames,
Story County, Iowa, as shown on the Plat of Survey recorded on May 26, 2020, as
Instrument No. 20-05364
("Grantor's Trac ");
WHEREAS,Grantee is the owner of certain sanitary sewer improvements and other infrastructure on
the real property located in Story County,Iowa legally described as:
Outlot A,Carney and Sons' Subdivision,First Addition to Ames, Story County, Iowa
(the"Improvement Tract"),which is adjacent to Grantor's Tract;
WHEREAS,as part of the platting proceedings for Carney and Sons'Subdivision,First Addition to
Ames, Story County,Iowa(the"Subdivision'),certain temporary ingress and egress easement rights were
granted in favor of Grantee pursuant to that certain Easement filed in the office of the Recorder of Story
County, Iowa, on June 30, 2011, as Instrument No. 2011-00006038 (the "Temporary Easement'), over,
across, and upon the South twenty (20) feet of Lot One (1) (the "Temporary Easement Area") of the
Subdivision("Lot-1"),for the benefit of the Improvement Tract,as shown on the Final Plat of the Subdivision
(the"Plat");
WHEREAS,Grantor's Tract was platted from Lot-1 and the Temporary Easement Area is located
wholly within Grantor's Tract;
WHEREAS, notations on the Plat identify that the Temporary- Easement terminates upon the
issuance of a building permit for Lot-1,and at the time of the issuance of said building permit,a permanent
easement for ingress and egress is required to be granted in favor of Grantee for the benefit of the
Improvement Tract;
WHEREAS,as part of the submittal of a siteplan for the development of Grantor's Tract,Grantor
desires to grant,in favor of Grantee and for the benefit of the Improvement Tract,a permanent easement for
ingress and egress over, across, and upon the South twenty (20)feet of Grantor's Tract (the "Permanent
Easement Area'),which is the same location of the Temporary Easement Area identified in the Temporary
Easement and/or on the Plat, and Grantee desires to terminate the Temporary Easement and accept the
easement rights granted herein,all subject to the terms and conditions set forth in this Agreement.
NOW,THEREFORE,for good and valuable consideration,the receipt and sufficiency of which is
hereby acknowledged,the Parties hereby agree as follows:
1. INGRESS/EGRESS EASEMENT. Grantor has SOLD,GRANTED,and CONVEYED,and by
these presents does hereby SELL,GRANT,and CONVEY to Grantee,its successors and assigns,a perpetual
and permanent easement for ingress and egress(the"Permanent Easement')over,across,and upon Grantor's
Tract to allow Grantee (together with Grantee's successors, assigns, employees, contractors, agents, and
invitees)to access the Improvement Tract for the limited purposes of maintaining and servicing its sanitary
sewer infrastructure. The Parties intend the Permanent Easement to run with title and be appurtenant to the
Improvement Tract and to burden Grantor's Tract. This Agreement replaces all prior agreements and
understandings with respect to access to the Improvement Tract,whether written or unwritten,voluntary,or
prescriptive,including,but not limited to,the temporary easement for ingress and egress referenced in the
Temporary Easement and/or on the Plat. Grantee hereby understands, acknowledges, and agrees that the
easement rights granted herein are for the limited purposes noted in this Agreement and that said rights are
not,in any manner, a grant of any easement rights to the general public.
2. INDEMNIFICATION. Grantee will indemnify and hold Grantor harmless of and from actual
damages,losses,and expenses(including,without limitation,reasonable attorneys'fees)suffered by Grantor
arising from Grantee's act,omission,or neglect on Grantor's Tract,or the negligence or willful misconduct of
its employees, agents,invitees,or contractors.
3. MAINTENANCE: IMPROVEMENTS. Grantor shall operate and maintain (or cause to be
operated and maintained)the Permanent Easement Area,including, without limitation: (a)the surfaces of
roadway and/or drive aisle areas;(b)maintaining lighting fixtures for the roadway and/or the drive aisle areas;
(c)maintaining marking,directional signs,lines,and striping as needed;and(d)performing any and all such
other duties as are necessary-to maintain the Permanent Easement Area. Additionally, Grantor may place
improvements within the Permanent Easement Area as long as said improvements do not unreasonably
obstruct the ingress and egress rights granted to Grantee herein,and all of said improvements shall be solely
operated and maintained by Grantor.
4. CHOICE OF LAW: VENUE. This Agreement shall be governed by and construed in
accordance with the laws of the State of Iowa,without reference to conflicts of law provisions. Both Parties
hereby submit to the exclusive jurisdiction of the state courts located in Story County,Iowa,or,as the case
may be,the federal courts located in Des Moines,Iowa,for any claim relating to this Agreement. Each of the
Parties irrevocably waives any objection,including,without limitation,any objection to the laying of venue or
based on the grounds of forum non conveniens, that it may now or hereafter have to the bringing of such
action or proceeding in such respective jurisdictions.
5. AD VALOREM TAXES. Grantor shall pay or cause to be paid before delinquency all ad
valorem taxes,general and special assessments,and other governmental charges assessed against Grantor's
Tract.
6. THIRD PARTY NOTICES. Recognizing that the Parties hereto may find it necessary from
time to time to establish to lenders,mortgagees, accountants, or other parties of the then current status of
performance hereunder,each Party bound or benefited by this Agreement agrees,upon request,that it will
from time to time,with reasonable promptness,furnish a written statement in recordable form on the status of
any matter relating to this Agreement.
7. AMENDMENTS IN WRITING. No subsequent agreement amending, supplementing,
modifying,waiving,or in any way relating to the subject matter of this Agreement shall be effective unless
set forth in a written instrument malting specific reference to this Agreement and signed by the Parties. No
waiver of any breach of this Agreement shall be construed as an implied amendment or agreement to amend
any provision of this Agreement.
8. NO WAIVER. No action taken pursuant to this Agreement,including,without limitation,any
investigation by or on behalf of any Party, shall be deemed to constitute a waiver of compliance with any
representation,warranty,covenant,or agreement contained herein by the Party taking that action. The waiver
by any Party of a breach of any provision of this Agreement shall not operate or be construed as a further or
continuing waiver of that breach,or as a waiver of any other or subsequent breach. No failure on the part of
any Party to exercise,and no delay in exercising, any right,power,or remedy hereunder shall operate as a
waiver thereof,nor shall any single or partial exercise of any right,power,or remedy by a Party preclude any
other or further exercise thereof or the exercise of any other right,power,or remedy.
9. SEVERABILITY. If any provision of this Agreement or the application thereof to any person
or circumstance shall be held illegal,invalid,or unenforceable under present or future laws effective during
the term of this Agreement,then that provision shall be fully severable,but the remainder of this Agreement,
and the application of that severed provision to persons or circumstances other than those to which it is
invalid or unenforceable,shall not be affected by the severance, and shall remain in full force and effect.
10. CONSTRUCTION. The Parties agree that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this
Agreement.
11. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of and be binding
upon the Parties and their respective successors and assigns. This Agreement is for the sole benefit of Grantor
and Grantee, and no third party is intended to be a beneficiary of or under this Agreement.
12. 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.
13. RIGHTS RESERVED. Grantor reserves any and all rights to continue to use and enjoy
Grantor's Tract for any and all purposes that do not unreasonably interfere with or interrupt the enjoyment of
the easement rights as referenced herein.
14. WARRYNTY OF TITLE. Grantor represents and warrants to Grantee that Grantor is the owner
of Grantor's Tract and is fully authorized to enter into this Agreement and convey the easement described
herein.
3
15. AUTHORITY. This Agreement has been duly authorized, executed, and delivered by the
Parties hereto and constitutes the legal, valid, and binding obligations of the Parties, enforceable in
accordance with its terms. Each of the signers of this Agreement hereby represents and covenants that he or
she has carefully read and understands the contents of this Agreement, is authorized to execute this
Agreement on behalf of the Party for which he or she is signing,and signs this Agreement as his or her own
free act.
16. ATTORNEY'S FEES. If any Party to this Agreement commences legal proceedings against
another Party to enforce the terms and provisions of this Agreement, then the prevailing Party in such
proceedings shall be entitled to receive reimbursement from the other Party of an amount equal to the
prevailing Party's actual attorneys'fees,attorneys'disbursements,and court costs of the Party prevailing in
those legal proceedings, as determined by the court.
17. COUNTERPARTS. This Agreement may be executed in counterparts,each of which,when
taken together,shall constitute one original.
18. INCORPORATION OF RECITALS. The foregoing Recitals are incorporated herein and made a
part of this Agreement as if fully set forth verbatim. The Recitals and exhibits attached hereto,if any,are a
substantive,contractual part of this Agreement.
IN WITNESS OF THIS AGREEMENT the Parties have executed this Agreement as of the dates
set forth below.
(SIGNATURE PAGE FOLLOWS)
4
SIGNATURE PAGE OF
INGRESS/EGRESS EASEMENT AGREEMENT
IOWA CAR WASH,LLC,Grantor
By: C
"�Wz
Brad Jensen, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this �� day of Jul} 2021; by Brad Jensen, as a
Manager of Iowa Car Wash,LLC.
STACY J FELKINS
Z ^ Commission Number 791720 Notary ubl in and for the State of Iowa
My Commission Expires
owP August 24, 2021 My commission expires 8. 2 q. D Z 1
CITY OF AMES, IOWA, Grantee
By:
John Haila.Mayor
NW'V 1 , V✓ 'O1.tJ.i b Y u,.
Attest b
Diane R. Voss,City Clerk
STATE OF IOWA, STORY COUNTY, SS:
On this)��day of July, 2021, before me, the undersigned, a Notary Public in and for the State of
Iowa,personally appeared John Haila,Mayor,and Diane R.Voss,Cite Clerk,to me known to be the identical
persons named in and who executed the foregoing instrument,and acknowledged that the)-executed the same
as their voluntary act and deed.
n Pu lic in and for the State of Iowa
CARLY M.WATSC: . My commission expires OS- is-?t{
� Com Number
WMy&,,mmisslw Expires
5