HomeMy WebLinkAboutA005 - Common Driveway Easement dated July 16, 1999 99 - 122 63
' INST.NO.
g STORY COUNTY, IOWA
FILED FOR RECORD 2�
R, AW SEP 0 7 1999 PM
SUSAN L VANDE KAMP,Recorder S
RECORDING FEE$ 2 Ie- 00
AUDROR'S FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Robert W.Goodwin,Attorney at Law,311 W.Lincoln Way,Suite 1,Ames,Iowa 50010(Phone: 515-232-7390)
COMMON DRIVEWAY EASEMENT
WHEREAS, Susa Holding of Story County, an Iowa corporation, hereinafter called
"Susa," is the owner of real estate of which the legal description is shown in Exhibit A
which is attached hereto and incorporated herein by this reference.
WHEREAS, Doolittle Oil Company, Inc., an Iowa corporation, hereinafter called
"Doolittle," desires a driveway, utility, storm water runoff and storm water conduits,
easement over and across a portion of Susa's real estate described in Exhibit A.
Grant of Easement by Susa
Susa hereby, for good and valuable consideration, given and received, grants unto
Doolittle, its successors or assigns, a perpetual easement and right-of-way for Driveway,
utility, storm water runoff and storm water conduits, for purposes on, along, over and
across property located in Story County, Iowa, as shown in Exhibit A which is attached
hereto and incorporated herein by this reference.
The easement covers the property from the west boundary of Parcel E to the curb
of the boulevard. This will be a construction easement and will reference a specific
design drawing which will be approved by Susa before construction begins. Construction
of the driveways must be per the drawing. Any changes to the drawing, either during
initial construction or in the future, will require a revision of the easement prior to
construction.
Construction of the retention pond will be permitted if it does not involve
modification of the existing grades. The 13,800 volt feeder is buried on the eastern slope
of the area in question. Construction of a berm approximately four (4) feet high along
the south boundary of Parcel E is the expected design.
Agreement of Parties
Susa will provide Doolittle with an abstract for the purpose of showing that each
parry has marketable title to their respective property described in Exhibit A.
This grant of easement shall run with the real estate described in Exhibit A and the
obligations and benefits shall inure to Doolittle, its successors or assigns.
Doolittle, its successors or assigns., shall be responsible for the maintenance and
repair of said easement. Susa, its successors or assigns, may notify Doolittle, its
successors or assigns, of such need for maintenance and repair in writing, and Doolittle,
its successors or assigns, shall be responsible to respond in writing with a plan and
schedule for all necessary corrective actions and shall complete such corrective actions
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with reasonable speed, taking immediate reasonable maintenance steps to mitigate the
deficiencies and completing all permanent repairs, '
The parties agree to prepare and furnish each other with such documents as may
be required to record this easement granted herein.
IN WITNESS WHEREOF, the parties hereto have executed this Common
Driveway Easerjjent this day of 1999.
SUSA HOLDING OF STORY COUNTY
By. C
By:
Its
DOOLITTLE OIL COMPANY, INC.
By:
Its �...
By: Lm'Q-
Its
3
99 1
22 63 � 3�
�r
STATE OF IOWA )
)ss:
COUNTY OF STESW )
On this rL day of (7c ,. , 1999, befor me, the undersigned, a Notary
Pub 'c in and for the State of Iowa,p4s'ona y appeared t �sr��us�. and
e�,���: to me personally known, who, being by me duly sworn,
did say that they are the and —Z, ,
respectively, of said corporation executing the within and foregoing instrument, that no seal has
been procured by the said corporation; that said instrument was signed on behalf of said
c�oration by authority of its Board of Directors; and that the said
l� e and Z! (� �e�. e• as such officers
acknowledged the execution of said instrument to be the voluntary act and deed of said
corporation, by it and by them voluntarily executed.
JUDITH MALAISE
NOTARY OF PUBLIC
oW MY TERM EXPIRES.:/
Notary Public in and for the
State of Iowa.
STATE OF IOWA )
)ss:
COUNTY OF STORY )
On this.�2 6 day of u Isi 1999, before me, the undersigned, a Notary
Public in and for the State of Iowa, pe sonally appeared Jo.i-nes e. W i I c o x and
, to me personally known, who, being by me duly sworn,
did say that they are the 11itr presidf91I d60.1e4( /►92jand ,
respectively, of said corporation executing the within and foregoing instrument, 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
and as such officers
acknowledged the execution f said instrument to be the voluntary act and deed of said
corporation,,by it and by them voluntarily executed.
Notary Public in and for the
7y
State of Iowa.4KurC ° Aj
Ayes
99
- 12263 C4) -
e
COMMON DRIVEWAY EASEMENT
EXHIBIT A
SUSA REAL ESTATE
The West 88 feet of Parcel E of the Plat of Survey, all in the Northwest
Fractional Quarter of Section 6, Township 83 North, Range 23 West of the
5th P.M., City of Ames, Story County, Iowa, filed in the office of the Story
County Recorder on October 1, 1997, as Instrument Number 97-10587, and
the thirty (30) feet adjacent to the east boundary thereof.
99_ 12263