HomeMy WebLinkAboutA007 - Easement dated March 22, 1991 ST ss ATE OF IOWA } STORY COUNTY, IOWA
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�0 . 19 MAR 22 1991 PH
tp 4 County Auditor EASEMENT L yA=N D&A:1n o wem c"c Umw
WHEREAS, ERBEN A. HUNZIKER and DONALD M. FURMAN
of the following described real estate located in Story County,
Iowa:
Lot 2, QuikTrip Subdivision of Ames, Iowa;
WHEREAS, QuikTrip Corporation, a corporation organized under
the laws of the state of Oklahoma and authorized to do business in
the state of Iowa, is `the owner of the following described real
estate located in Story County, Iowa:
Lot 1, QuikTrip Subdivision of Ames, Iowa,
upon which a commercial retail development is contemplated;
WHEREAS, access to said Lot 1 from Lincoln Way, the public
street abutting Lot 1 on the north boundary thereof, can only be
obtained over and across a portion of the said Lot 2; and
WHEREAS, Hunziker and Furman are willing to grant QuikTrip an
easement over a portion of said Lot 2 for access to said Lot 1.
THEREFORE, In consideration of one dollar and other good and
valuable consideration, receipt of which is hereby acknowledged:
ERBEN A. HUNZIKER and MARGARET H. HUNZIKER, husband and wife,
and DONALD M. FURMAN and RUTH W. FURMAN, husband and wife, hereby
grant and convey to QUIKTRIP CORPORATION, its successors and
assigns, a perpetual, non-exclusive easement over and across the
following described real estate:
Part of Lot 2 in QuikTrip Subdivision of part of the
Northeast Quarter of Section 7, Township 83 North, Range
24 West of the 5th P.M. , City of Ames, Story County,
Iowa, more particularly described as follows: Commencing
at the Northeast corner of said Section 7; thence
S8903814411W, 49. 00 feet along the North line of the
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Northeast Quarter of said Section 7; thence S0000100"W,
100. 00 feet to the Northeast corner of Lot 1 in QuikTrip
Subdivision; thence S8903814411W, 305. 00 feet along the
North line of said Lot 1 to the Northwest corner thereof;
thence SO°00 '00"W, 9.86 feet along the West line of said
Lot 1 to a point on the Southerly right-of-way of Lincoln
Way and the point of beginning; thence continuing
SO°0010011W, 130. 00 feet along the West line of said Lot
1; thence S8903814411W, 35. 00 feet; thence N0000010011E,
131.09 feet to the North line of Lot 2, also being the
South right-of-way of Lincoln Way; thence S88034122"E;
35. 01 feet to the point of beginning.
the same to be used by QuikTrip Corporation, its successors and
a
assigns, and their respective agents, invitees (including business
invitees) or tenants as a means of access from Lot 1, QuikTrip
Subdivision of Ames, Iowa, to the public street abutting said Lot
1 on the north boundary thereof, subject to the following
conditions:
1. . At such time as the grantors develop Lot 2, QuikTrip
Subdivision of Ames, Iowa, the easement area above described can,
if directed by grantors, be reduced to the following described
portion of Lot 2, QuikTrip Subdivision of Ames, Iowa:
Part of Lot 2 in QuikTrip Subdivision of part of the
Northeast Quarter of Section 7, Township 83 North, Range
24 West of the 5th P.M. , City of Ames, Story County,
Iowa, more particularly described as follows: Commencing
at the Northeast corner of said Section 7; thence
S89°3814411W, 49. 00 feet along the North line of the
Northeast Quarter of said Section 7; thence SO°00 '00"W,
100. 00 feet to the Northeast corner of Lot 1 in QuikTrip
Subdivision; thence S8903814411W, 305. 00 feet along the
North line of said Lot 1 to the Northwest corner thereof;
thence SO°00 '00"W, 9.86 feet along the West- line of said
Lot 1 to a point on the Southerly right-of-way of Lincoln
Way and the point of beginning; thence continuing
SO°00 ' 00"W, 60. 00 feet along the West line of said Lot 1;
thence S8903814411W, 35. 00 feet; thence N00°00 ' 00"E, 61. 09
feet to the North line of Lot 2, also being the South
right-of-way of Lincoln Way; thence S8803.4122"E; 35. 01
feet' to the point of beginning.
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2. The easement area may be improved by grantee by grading.,
graveling, curbing, paving, or other surfacing as it may elect;
provided, however, that the easement area will be kept open, will
not be used for parking or standing, and no buildings or permanent
structures will be erected thereon without the consent of the
grantors.
3. Until such time as grantors develop Lot 2, QuikTrip
Subdivision of Ames, Iowa, grantee will be responsible for the
maintenance and repair (including snow removal) of the easement
area.
4. Grantors will not develop Lot 2, QuikTrip Subdivision of
Ames, Iowa in such a way as to impede or in any way interfere with
grantee's safe and proper access to Lot 1, QuikTrip Subdivision of
Ames, Iowa over the above-described easement area, nor will any
such development of said Lot 2 obstruct, in any way, the visibility
of any of grantee's signage employed in connection with its
development of said Lot 1.
5. . If, in the future, the above-described easement area
becomes a public street or thoroughfare, this easement will
terminate.
Dated this 44 day of 1991.
E BEN A. H ZIK MAR AR H. HUNZIKER
ONALD M. RU H W. FURMAN
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STATE OF IOWA )
ss.
STORY COUNTY )
On this day of ���<<r9 , 1991, before me, the
undersigned, a Notary Public in and for said State, personally
appeared ERBEN A. HUNZIKER and MARGARET H. HUNZIKER, husband and
wife, to me known to be the identical persons named in and who
executed the foregoing instrument, and acknowledged that they
executed the same as their voluntary act and deed.
t41Y Cl1sfl°.9iSrtl"i'M LXF'iFcES
•—
Y NOTARY PUBLIC - STATE OF IOWA
STATE OF IOWA )
ss.
STORY COUNTY )
On this )Cj day of 0 1991, before me, the
,
undersigned, a Notary Public in and r said State, personally
appeared DONALD M. FURMAN and RUTH W. FURMAN, husband and wife, to
me known to be the identical person named in and who executed the
foregoing instrument, and acknowledged that they executed the same
as their voluntary act and deed.
Ar
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f SUSANCOMM W.SSI OWLETS Y COMMISSION EXPIRES
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