HomeMy WebLinkAboutA012 - Declaration of Easement - Town Center 4
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STORY COUY, IOWA �1 0�''
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FILED FOR RECORD
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SEP 0 3 1999 PM
SUSAN L.VAND P acp(der�..
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j= Instrument Prepared By:
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q>W=c Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010-8070; 515-232-3921
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DECLARATION OF EASEMENT
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Now on this , day of ? :' 1999, this Declaration is made for the purpose
of granting certain easement rights to the owners in Town Center, Somerset Subdivision, 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
all Town Center lots in Somerset Subdivision, Ames, Story County, Iowa.
2. Grant of Easement. The undersigned as owners of the premises above described
hereby grant to the owners of all lots in Somerset Subdivision, Ames, Story County, Iowa, their
tenants, employees, customers, licensees, agents and invitees, a perpetual easement in and across
all paved areas for vehicular or pedestrian traffic on the premises for purposes of ingress and
egress only.
3. Easement to Run with the Land. This Easement shall run with the land and shall
be binding on and inure to the benefit of the parties to this agreement and their respective
successors and assigns.
4. City Consent Required. Since this easement is required to meet city zoning
regulations to permit the issuance of building permits, this easement cannot be rescinded without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.
ERBEN A. HUNZIKER, AS TRUS 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 ay o I ' , 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.
HILLARY A.HOWARD
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WCOMMISSION EXPIRES 'Notary Pub in 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 TH 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 of , 1999,na before me, the undersigned, a Notary Public
in and for the State of Iowa,perso ly appeared Dold 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.
HILLARYA.HOWARD Notary Pu 'c in and for the State of Iowa
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W COMMISSION EXPIRE
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R. FRIED�H & SONS, INC.
By:
einhard K. Friedrich,President
By
Robert K. Friedrich, Chairman
STATE OF IOWA, COUNTY OF STORY, ss:
On this1skday of aAL , 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 execute
HILLARY A.HOWARD dl �&J' L�6�
ISSION EXPIRES
ow —COMM Notary Publ n and for the State of Iowa
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