HomeMy WebLinkAboutA011 - Declaration of Reciprocal Easements V
99 - 121 72
INSTSTORY COUNTY, IOWA e
FILED FOR RECORD 4''f
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Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010-8070; 515-232-3921
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DECLARATION OF RECIPROCAL EASEMENTS
Now on this day of , 1999, this Declaration is made for the purpose
of creating certain easements by and between the Owners of the various lots in Blocks 1 and 2,
Somerset Subdivision Fifth Addition, Ames, Story County, Iowa, and granting the power to
preserve those easements to the City of Ames, Iowa.
1. Definition of "Premises". The term "premises" used in this Declaration means
Blocks 1 and 2, Somerset Subdivision, Fifth Addition, Ames, Story County, Iowa.
2. Creation of Reciprocal Easement. The undersigned, as Owners of the premises
described herein, hereby grant reciprocal easements among the lots included in the premises on
and over those portions of the property that are paved for vehicular or pedestrian traffic and over
all commons areas for purposes of ingress and egress; on, under, over and across the unimproved
portions of the real estate for constructing, reconstructing, maintaining, repairing and using utility
services; and for storm water drainage.
3. Easement to be Perpetual and to Run with the Land. These reciprocal easements
shall be perpetual and shall run with the land and be binding on and inure to the benefit of the
parties to this agreement, their respective successors and assigns.
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4. City Consent Required. Since these reciprocal easements are required to meet city
zoning regulations to permit the issuance of building permits, this reciprocal easement cannot be
rescinded without city consent, and the City is hereby granted the power to preserve said easement
and to prevent any transaction purporting to destroy said easement.
5. Governing Law. This agreement shall be governed, construed and enforced in
accordance with the laws of the State of Iowa.
6. Modification of Declaration. Any modification of this declaration or additional
obligation assumed by any property owner in connection with this declaration shall be binding only
if evidenced in writing and signed by each property owner or an authorized representative of each
property owner.
IN WITNESS WHEREOF, this Declaration is made on the date first stated above.
ERBE A. HUNZIKER,AS TRU EE OF THE
ERBEN A. HUNZIKER REVOCABLE TRUST
DATED JULY 28, 1992
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STATE OF IOWA, COUNTY OF STORY, ss:
On this Wl�day of , 1999, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared Erben A. Hunziker, Trustee of the Erben A.
Hunziker Revocable Trust Dated July 28, 1992, to me known to be the identical person named
in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary
executed the instrument as the voluntary act and deed of the person and of the fiduciary.
60 00 1-01 , 4n&��
W� D Notary Public i and for the State of Iowa
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DONALD M. FURMAN, AS CO-TRUSTEE OF
THE DONALD AND RUTH FURMAN
REVOCABLE TRUST DATED MARCH 1, 1991
R H W.FURMAN,AS CO-TRUSTEE OF THE
DONALD AND RUTH FURMAN REVOCABLE
TRUST DATED MARCH 1, 1991
STATE OF IOWA, COUNTY OF STORY, ss:
On this/&day of , 1999, before me, the undersigned, a Notary Public
in and for the State of Iowa,persoilky appeared Donald M. Furman and Ruth W. Furman, Co-
Trustees of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991,to me known
to be the identical persons named in and who executed the foregoing instrument, and acknowledged
that the persons, as the fiduciaries executed the instrument as the voluntary act and deed of the
person and of the fiduciary.
HILLARY A.HOWARD Notary Pu c in and for the State of Iowa
MY COMMISSION EXPIRES
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R. FRIEDI1�11 & SONS, INC.
By:
einhard K. Friedrich, Aresident
By:
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obert K. Friedrich, Chairman
STATE OF IOWA, COUNTY OF STORY, ss:
On this day of , 1999,before me, the undersigned, a Notary Public
in and for the state of Iowa,persona ly appeared Reinhard K.Friedrich and Robert K. Friedrich,
to me personally known, who being by me duly sworn, did say that they are the President and
Chairman of the corporation, respectively, executing the within and foregoing instrument; that no
seal has been procured by the corporation; that said instrument was signed on behalf of the
corporation by authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K.
Friedrich, as officers, acknowledged the execution of the foregoing instrument to be the voluntary
act and deed of the corporation, by it and by them voluntarily executed.
HILLARY A.HOWARD
MY WISSION EXPIRES
Notary Publi n and for the State of Iowa
CAcdrive\DSK\Somerset\Fifth Addition\DECREC-3.WPD
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