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Home My WebLink AboutA012 - Easement and Covenants for Private Parking k . u 069'79 a y+r INST # M FEE $ � F EASEMENT AND COVENANTS FOR PRIVATE PARKING ON CITY PARKLAND ADJOINING CLEAR CREEK ADDITION II PHASE II, AMES, IOWA THIS COVENANT AND EASEMENT, made and granted effective the 19th day of March , 1985, by, between, and among the CITY OF AMES, IOWA hereafter called "Grantor; " and DICK COY AND SONS, (a partnership composed of Richard Coy, Ronald Coy and Gregory Coy) , and the CLEAR CREEK ADDITION II HOME- OWNERS ASSOCIATION INC. , (an Iowa non-profit corporation) , their heirs, successors and assigns, hereinafter called "Grantees. " WITNESSETH THAT: WHEREAS the Grantees desire to utilize a certain hereinafter described tract of land owned by the City of Ames as a place . where residents and visitors of a housing development called Clear Creek Addition II Phase II may park motor vehicles ; and, WHEREAS the Grantors desire that said tract of land be im- proved and made accessible to the members of the general public who wish to visit and enjoy the larger expanse of parkland of which said tract forms a part, NOW, THEREFORE, In consideration of the premises, and of the covenants herein made and expressed by the Grantees , the Grantor hereby grants and conveys unto the Grantees forever an easement to the extent hereinafter set forth with respect to the lands of the Grantor described on the plat and sur- veyed description attached hereto and by this reference in- corporated herein and made a part hereof as if fully set out. The terms, rights, privileges, conditions and restrictions of the easement, and the covenants in consideration of which it is granted, are as follows : 1 . The Grantees shall have the right to direct and permit residents and visitors of premises in Clear Creek Addition II Phase II to park not more than six operable and licensed passenger motor vehicles in designated parking spaces to be constructed on the easement tract. Said right does not include the right to park or store a vehicle for more than forty-eight hours on said tract , and does not include the right to park boats, trailers, trucks, snow- mobiles , buses , wagons or other vehicles without express written authorization of the City Manager or the manager' s designee. 2. The said parking spaces shall be constructed by Grantees at Grantees ' sole expense to a durable hard surface (gravel is not acceptable) suitable to the intended permanent use and commensurate with the construction standard and quality of the parking spaces provided throughout the premi- ses of Clear Creek Addition II Phase II, not later than 365 days from the date first above written. 3. Grantees covenant that parking spaces constructed as aforesaid shall be maintained by the Grantee at the Grantees ' sole expense in a good, safe and useable condition at all times, free of defects, snow or ice accumulations, pot holes or accumulations of trash and debris. 4. It is expressly understood that the easement granted hereby is not exclusive co the Grantees . Grantees shall not, in any way, impede, discourage or interfere with the use of said parking spaces for motor vehicle parking by the general public during the hours of 7 :30 A.M. to 5:30 P.M. daily. v6s79 INST.NO. STORY COUNTY, IOWA Z FILED FOR RECORD 3� �' MAY 14 19d5 Pnn� BOOK_.:l� PAGE __��. SUSAN L.POTTER,Recorder f d By Deputy 5. The said tract of land and parking spaces con- structed thereon as aforesaid shall at all times be and re- main the property of the Grantor, subject to such rules for the parkland in which located as may from time to time be duly and lawfully established. 6. Grantees covenant that, following a sixty-day writ- ten notice to cure, served by ordinary mail on the aforesaid Homeowners Association, the Grantor may cause repairs Grantor deems necessary due to deteriorated improvements and the cost thereof shall be a lien on Lots 5 through 19 and Lot B lo- cated in Clear Creek Addition II Phase II, Ames, Iowa. 7. Non-compliance with any of the covenants and terms herein stated shall be grounds for voiding the easement granted, at the option of the Grantor. 8. Grantees expressly covenant to indemnify and hold the City of Ames harmless from any and all claims or demands of any amount or kind resulting from or arising out of the use of the easement tract by Grantees or by the residents of or to visitors to the premises of Clear Creek Addition II Phase II, Ames, Iowa. 9. The City of Ames and the public at large have been granted by the Grantees an ingress/egress easement in order to get to the parking spaces and public parkland over a por- tion of lot B, Clear Creek Addition II Phase II as follows : A Forty (40) foot wide easement across Lot "B, " in Clear Creek Addition II Phase II in the City of Ames, Story County, Iowa, twenty (20) feet on each side of the fol- lowing described centerline : "Commencing at the Southeast corner of Lot 19 in Clear Creek Addition II Phase II in the City of Ames, Story County, Iowa; thence Southeasterly along a 528.30 foot radius curve, concave Southwesterly and along the Nor- therly line of Westbrook Drive, an arc distance of 20.0 feet (the long chord bears South 64°10 ' 41 " East, 20.00 feet) , to the Point of Beginning; thence North 26°55' 19" East, 51 .27 feet; thence Northeasterly, along a 188.58 foot radius curve, concave Southeasterly, an arc dis- tance of 59.50 feet (the long chord bears North 35*57 ' 25 " East , 59 .25 feet) ; thence North 45000 ' 00" East, 62 . 66 feet; thence Northeasterly, along a 93.30 foot radius curve, concave Northwesterly, an arc distance of 48.85 feet (the long chord bears North 30000 '00" East, 48.30 feet) ; thence North 15000 '00" East, 10.00 feet; thence Northeasterly, along a 93.30 foot radius curve, concave Southeasterly, an arc distance of 48.85 feet (the long chord bears North 30°00 ' 00" East, 48.30 feet) ; thence North 45°00 '00" East, 112.20 feet to the Point of Ending. " Dick Coy and Sons and The Clear Creek Addition II Home- owners Association Inc. agree to indemnify and hold the City of Ames harmless from any and all claims and demands of any amount or kind resulting from or arising out of the use of said easement by the public. 10. This instrument shall be a covenant running with all the land in Clear Creek Addition II Phase II, Ames, Iowa, and binding on the aforesaid Grantees, their heirs, successors and assigns forever. If. any of the covenants made or rights granted shall be unlawful, void or voidable for violation of the rule against perpetuities, then such provisions shall continue only until twenty-one (21 ) years after the death of the survivor of the now living descendants of the President of the United States, Ronald R. Reagan, and Governor of Iowa, Terry L. Branstad. Easement and Covenants BOOK 9 PAGE -2- IN WITNESS WHEREOF the parties hereto have caused this in- strument to be signed and sealed. CIa. aul S By oodlan , Mayor At'tast:' ,Nan # Gib ns, City Clerk GRANTOR STATEE'OF IOWA, STORY COUNTY, SS : On this �� — day of ✓ /� � 1985, before me, the undersign, a Notary Public ' n and for the State of Iowa, personally appeared F. Paul Gd-bdland and Nancy Gibbons, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said city; that the seal affixed thereto is the seal of said city; that said instrument was signed and sealed on behalf of said city by authority of its City Council and that the said F. Paul Goodland and Nancy Gibbons , as such officers, acknowl- edged the execution of said instrument to be the voluntary act and deed of said city, by it and by them voluntarily executed. � w""oo" w�s n ' s 5-. Notary Pub is te ta o lowif DICK COY AND SONS, a partnership composed of Richard Coy, Ronald Coy and Gregory Coy By �� Richard Coy, a Partlyter THE CLEAR CREEK ADDITION II PHASE II HOMEOWNERS ASSOCIATION INC. By Pn i ent By A _IL SeG tary GRANTEES STATE OF IOWA, STORY COUNTY, SS : On this a day of L r, ,:_ 1985, before me, the undersigned, a Notary—Public in and for the State of Iowa, personally appeared Richard Coy, a partner in Dick Coy and Sons, a partnership composed of Richard Coy, Ronald Coy and Gregory Coy, to me personally known, who being by me duly sworn, did say that he is one of the partners composing said partnership executing the foregoing instrument ; that said in- strument was signed on behalf of said partnership by autho- rity of its partners ; and that the said Richard Coy, as such Easement and Covenants BOOK r_.L.._ PAGE S -3- k partner, acknowledged the execution of said instrument to be the voluntary act and deed of said partnership, by it and by him voluntarily executed. ��I�AAY L CLINE • WCgIKMiSSION EXPIRES �(%! c��. L�;�_ ugust24,19E6 Notary-Plic, State of Iowa STATE OF IOWA, STORY COUNTY, SS : On this day of ! 1985, before me, the undersignecT, —a Notary Public in and for the State of Iowa, personally appeared ( . , 2r,� , i� ;,, and to me'- petsona y known, who, Bing by me duly' sworn, id say that they are the President and Secretary, respectively, of The Clear Creek Addition II Phase II Homeowners Association Inc. that <no seal has been procured by the said> corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors ; and that the said r��; �, ,,. , i.,_ � and as such officers acknlowledged the execution% o sai instrument to be the voluntary act and deed of said corporation , by it and by them voluntarily executed . Notary Public, State of Iowa 4 OKAY L CUNE W COM ISSION EXPIRE$ August 24.1986 Easement tid Covenants `' BOOK l 9 PAGE __0_s0___ EASEMENT DESCRIPTION City of Ames to Dick Coy R: Sons (Home Owner 's Association) A part of Lot "A" in the Planned Unit Development of Clear Creek Addition II , in the City of Ames , Story County , Iowa; described as follows : "Beginning at the most westerly corner of Lot Thirteen ( 13) , in the Planned Unit Development , phase II of Clear Creek Addition II , in the City of Ames , Story County , Iowa; thence S 450 00 ' 00" W , 89 . 15 feet ; thence N 450 00 ' 00" W, 12 .00 feet ; thence N 450 00 ' 00" E, 89 . 15 feet ; thence S 459 00 ' 00" E, 12 .00 _feet to the Point of Beginning. " Parcel contains : 1, 070 square feet . The area is for parking purposes in accordance with the approved CDP/DUD Site Plan for Phase II ; six spaces planned. The parking stalls extend into this parcel approximately 10 feet or half the stall depth. 1? �.N 0* a`KENlIEtN IL JANMlow 1 * Kenneth D. Jans en P .E. , Z.S . April 9 , 1985 ENGINEERING PLUS EP-File #78095 .01 ROOK --`R/2 PARE �'' 7