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HomeMy WebLinkAboutA008 - Joint Driveway Easement and Maintenance Agreement dated January 5, 2000 00 - 0042 � . FIST.NO. ---- STORY 000WTY, IOWA FILED FOR RECORD 33 AM JAN 13 2000 PW 1 SUSAN L.VANDE KAMP,Recorder 5 �pADINQ FEE$�b•OO $FEE S Prepared by: William R. Stiles, 604 Locust Street,Ste. 1000,Des Moines,Iowa 50309 (515)245-6789 JOINT DRIVEWAY EASEMENT AND MAINTENANCE AGREEMENT THIS AGREEMENT made and entered into:this day of_Ja A UQ J'cam_,2000,by and between Composite Technologies Corporation(hereinafter referred to as"CTC-2") and Composite Technologies Corporation(hereinafter referred to as"CTC-1"). WITNESSETH: THAT WHEREAS, CTC-2 is the owner of certain real estate described on Exhibit"A"attached hereto; and WHEREAS,CTC-1 is the owner of the property described on Exhibit`B"attached hereto, and WHEREAS,the parties hereto desire to establish of record the existence of a joint driveway easement over,along and across portions of the aforesaid described parcels of real estate as the same are hereafter more particularly described. NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained,the parties agree as follows: 1. Easement by CTC-2. CTC-2 does hereby grant,sell and transfer unto CTC-1 the non-exclusive right and easement to use that portion of the existing driveway on the property described on Exhibit"A,"which is adjacent to the southerly boundary of CTC-1's property as may be necessary to gain ingress/egress to the property described on Exhibit`B." Said easement shall include 5 feet south of the real estate owned by CTC-1 as further reflected on the Final Plat,CTC Subdivision Ames,Story County,Iowa. 2. Easement By CTC-1. CTC-1 does hereby grant,sell and transfer unto CTC-2 the non-exclusive right and easement to use the following described real estate for driveway purposes:The southerly 5 feet of the property described on Exhibit"A." The location of said easement is reflected on the Final Plat,CTC Subdivision Ames,Story County,Iowa. 3. Maintenance. The parties hereto do hereby agree and covenant with one another to maintain and repair their portion of the aforesaid established driveway. Further,each party agrees with the other that they shall not park,temporarily or otherwise,motor vehicles on the subject property,plow snow in such a fashion as to hinder ingress and egress by either parry on said joint driveway,nor plow or blow snow onto the other parties'property, and to maintain the driveway in the condition of said driveway as of the date of this Agreement. 4. Easement for Water and Sewer. CTC-2 does hereby further grant,sell and transfer to CTC-1 an easement for purposes of constructing a water line and sewer line on ground parallel to Borne Avenue so as to enable CTC-1 to connect to the existing City water and sewer line presently located under the driveway on CTC-2's property. Said Easement shall be a permanent easement in favor of CTC-1,who shall be responsible exclusively for all costs associated with constructing any sewer and water lines within the easement area and for returning the easement area to the same condition it was prior to any such construction. The affected easement areas shall encompass only that land reasonably calculated and necessary for CTC-1 to connect to the City sewer and water located on the real estate of CTC-2. 5. Affect of Easement. The grants of the easements and agreements contained herein shall be binding upon the heirs,successors and assigns of the parties hereto and the covenants created herein shall run with the land described on Exhibit"A"and`B"attached hereto. 6. Time of the Essence. It is understood and hereby agreed that time is of the essence of this Agreement. 7. Law Applicable. This Agreement is being executed and delivered in the State of Iowa and shall be construed and enforced in accordance with the laws of the State of Iowa. 8. Captions. The captions of this Agreement are inserted only for the purpose of convenient reference and in no way define,limit or prescribe the scope or intent of this Agreement or any part hereof. 9. Entire Agreement. This Agreement constitutes the entire contract between the parries hereto and may not be modified except by an instrument in writing signed by the parties hereto. 10. Successors and Assigns. All the terms of this Agreement shall be binding upon and inure to the benefit of and be enforceable by the heirs,.executors,administrators,successors,and assigns of the parties hereto. 11. Further Assurances. Each party hereby agrees to execute all such further instruments and documents, and to take all such actions as any other party may reasonably require in order to give effect to the provisions and purposes of this Agreement. 12. Liability Insurance. CTC-1 and CTC-2 agree that each shall obtain and maintain liability insurance insuring their respective interest in the above described easements and shall agree to hold harmless and indemnify the City of Ames,Iowa for any and all liability associated with the rights created herein in favor of the City of Ames,Iowa. 13. Rights in Favor of Ames,Iowa. CTC-2 and CTC-1 do hereby grant to the City of Ames,Iowa the right to approve or disapprove of the rescission of the ingress,egress easements granted herein. Provided however,CTC-2 and CTC-1 may modify,amend and change any provision of this Agreement without the approval of the City of Ames,Iowa as long as said modification,amendment or change does not rescind,terminate or modify the ingress/egress rights created herein. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed,all as of the day and year first above written. CTC-2: Composite Technologies Corporation By. IV/ Wil J.ftoekrnan,President CTC-1: Composite Technologies Corporation By: Will .Hoekman,President pp - pp42 � �Z) 2 STATE OF IOWA ) SS: COUNTY OF BOONE ) On this,5f&day of ,2000,before me,the undersigned,a Notary Public in and for said State,personally appeared Will J.Hoe n,to me personally known,who,being by me duly sworn,did say that he is the President of said corporation;that(no seal has been procured by the said)(the seal affixed thereto is the seal of said)corporation;that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors;and that the said Will J.Hoekman as such officer,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) `a� THOMAS W.STECKER SS: '° MY COMMISSION EXPIRES COUNTY OF BOONE ) owa - �ya�ofJ On this day of—7 ,2000,before me,the undersigned,a Notary Public in and for said State,.personally appeared Will J.Hoe cman,to me personally known,who,being by me duly sworn,did say that he is the President of said corporation;that(no seal has been procured by the said)(the seal affixed thereto is the seal of said)corporation;that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors;and that the said Will J.Hoekman as such officer,acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. Notary Public in and for the State of Iowa THOMAS W.STECKER MY COMMISSION EXPIRES ow► Z�/.E O ce) 3 �® p423 C3) EXHIBIT "A" Lot 2, FINAL PLAT CTC Subdivision, Ames, Story County, Iowa, as filed as Instrument No. 0 of the Story County Recorder's Office, a Subdivision Plat of the following described real estate: Beginning at a point 66 feet North of the SW Corner of the N 3/4 of the SE 1/4 of the SE 1/4 of Section 2, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, thence running East parallel with the 66 feet distant from the South line of said tract 575 feet, thence North at right angles 326 feet, thence North 63°3'West 255.5 feet to a point 150 feet Southerly measured at right angles from the center of the Southerly main tract of the Chicago and Northwestern Railroad Company, thence Westerly parallel with and 150 feet distant from said center line of the main tract 350 feet more or less to the West line of the said N 3/4 of the SE 1/4,thence South to the place of beginning, but subject to the right of the Chicago and Northwestern Railroad Company and its successors or assigns to maintain and operate the spur railroad tract now located 'and constructed upon said described premises, said spur railroad track being the property of the said railway company. This parcel can be more particularly described by a metes and bounds description as follows: Commencing at the Southwest Corner of the North 3/4 of the Southeast Quarter of the Southeast Quarter of Section 2, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa;thence NO°08'32"W, 66.00 feet to the north right of way line of East Second Street and the Point of Beginning;thence N89 °20'36"E, 575.76 feet along said right of way line;thence NO°55 17"W,325.97 feet;thence N63 °57 19"W,255.49 feet; thence S82 °41'44"W, 344.73 feet to the east right of way line of Borne Avenue;thence SO°08'32"E, 400.88 feet along said right of way line to the Point of Beginning, containing 5.34 acres. JA8132\4Uisc\WR8 Exhibit Ato Driveway Easement.wpd 00 - 00423 � `� m r 4 EXHIBIT "B" Lot 1, FINAL PLAT, CTC Subdivision, Ames, Story County, Iowa, as filed as Instrument No. Cb" of the Story County Recorder's Office, being a Subdivision Plat of the following described real estate: Beginning at a point 66 feet North of the Southwest corner of the North 3/4 of the Southeast Quarter(SE 1/4)of the Southeast Quarter (SE 1/4) of Section 2, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, thence running East parallel with and 66 feet distant from the South line of said tract 575 feet, thence North at right angles 326 feet, thence North 63 °3'West 255.5 feet to a point 150 feet southerly measured at right angles from the center line of the southerly main track of the Chicago and Northwestern Railroad Company,thence westerly parallel with and 150 feet distant from said center line of the main tract 350 feet more or less to the west line of the said North 3/4 of the Southeast Quarter(SE 1/4) of the Southeast Quarter(SE 1/4), thence South to the place of beginning, but subject to the right of the Chicago and Northwestern Railroad Company and its successors or assigns to maintain and operate the spur railroad track now located and constructed upon said described premises, said spur railroad track being the property of the said railway company. This parcel can be more particularly described by a metes and bounds description as follows: Commencing at the Southwest Corner of the North 3/4 of the Southeast Quarter of the Southeast Quarter of Section 2, Township 83 North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa;thence NO °08'32"W, 66.00 feet to the north right of way line of East Second Street and the Point of Beginning;thence N89 °20'36"E, 575.76 feet along said right ofway line;thence NO°55'17"W,325.97 feet.;thenceN63°57'19"W,255.49 feet; thence S82 °41'44"W, 344.73 feet to the east right of way line of Borne Avenue;thence SO°08'32"E,400.88 feet along said right of way line to the Point of Beginning, containing 5.34 acres. JA8132\4\Misc\WRS Exhibit Ato Driveway Easement.wpd 00 - 00423 Cs) . & 4 _ � � � .