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Home My WebLink AboutA010 - Easement Agreement dated September 23, 1991 L y� EASEMENT AGREEMENT o THIS AGREEMENT is made svfi.,:P 3 , 1991, between IOWA ACRES, INC., whose address is RR 1, Box 107A, Kelley, IA 50134, and who is referred to in this Agreement as Grantor, and DALE CLARK, JR. and PATRICIA L. CLARK, whose address is RR 1, Kelley,IA 50134, and who is referred to in this Agreement as Grantee. IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS AGREED: ftr No 07,544 1. OWNERSHIP OF REAL ESTATE. Grantor is the owner of real Story County, and described as: 911 '! R ' l0�s$ Lot 2 in Sterling Subdivision in Story County, Iowa . ="� 28 19g� Grantee is the owner of real estate located in the same county, and desc CAe V � o a Lot 1 in Sterling Subdivision in Story County, Iowa ftrdinq 1790 p8 O 2. CONVEYANCE AND DESCRIPTION OF EASEMENT. Grantor he e s to Grantee a non-exclusive easement for septic field purposes, which easement shall run with the land, under the area shown on the attached Exhibit A, which is incorporated as a n part of this Agreement. As used in this Agreement "septic field purposes" shall mean that the easement area shall be used for a septic field for the residence located on Lot 1, and for no other purpose. Grantor agrees that neither Grantor nor Grantor's agents, employees, invitees or tenants (or their invitees) shall use the easement area for a septic field, nor shall they alter it so as to prevent its use for a septic field. 3. CONSTRUCTION AND MAINTENANCE. The septic field currently exists in the easement area. It shall be maintained and repaired by Grantee In the event Grantee fails to perform such duties expeditiously,Grantor may perform them at Grantee's expense. 4. LIABILITY AND INSURANCE. Grantee agrees to obtain and maintain liability insurance insuring its interests in the easement and to hold Grantor harmless from any liability, except for such liability as may be caused by the negligence or intentional acts of Grantor,in which case Grantor shall bear the entire liability. 5. ARBITRATION. If any differences shall arise between the parries as to their rights or liabilities under this Agreement the difference shall determined by a panel of three arbitrators. One arbitrator shall be selected by each of the parties. The two arbitrators shall select a third. The decision of the majority of the arbitrators shall be final as to the contents and interpretation of this Agreement and as to the proper mode of carrying the decision into effect. 6. NATURE OF AGREEMENT. This Agreement and the easements granted shall be permanent, shall run with the land, and shall be binding upon the parties'heirs, successors and assigns,,provided, however, that in the event Grantee elects to replace the septic system serving the residence or is required to do so, then this easement shall end and Grantee shall locate the entire septic system including the septic field on Lot 1, Sterling Subdivision. Grantee hereby irrevocably appoints Grantor its Attorney in Fact for purposes of recording a document reciting that the easement has ended in this event. STATE OF IOWA i Story County J Rs Entered r taxaWn this dap � D. 19 BOOK 3� PAGE .-3 county Auditor By Deputy GRANTOR GRANTgE Iowa Acres, Inc. Dal ark, Jr. Theodore _._ R. Sterling, II, President Patricia L. Clark STATE OF IOWA, STORY COUNTY) SS. On thisr_�day 19IL, before me, the undersigned, a Notary Public in and for the above na e�personally appeared Theodore R. Sterling 11, to me personally known, who, being by me duly sworn, did say that he is the President of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Directors; and that the said Theodore R. Sterling H acknowledged the execution of this instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. •►" •t SHIRLEY A.CLARKE c e0A ) LV-:2— MY CO"'MlsstorRf~s otary Public ' and for the above State STATE OF IOWA, STORY COUNTY) SS. On this,2 day o 1991, before me a Notary Public in and for said County and State,person�ppearedLE CLARK,JR. and PATRICIA L. CLARK, 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. " °; SHIRLEY A.CLARKE MY C mN11SSI0N EXPIRES Notary Public i and for said County and State BOOK PAGE 2�J I t� ---------------- 1317.28 ---- tCTI1M f••il-N ` POAO I.p. II LOT f LOT I 1 1.33 ACRES TOTAL 1 Z.19 ACRES ROAD 1. - 1 .!1 ACEf MET I TOR 1" IR WNC Q SEPTIC WAII►- u FIELD. 01 f1rI SifC a LOT 2 E �s Nr7.14 7. 4 ACES WEr 'II EAS0gU_r N .�w1/4 nE1/4 NE1/4 WEf/4 I � I GRAPHIC SCALE , 1 � 1 uj LOT 4 , 1 29.45 ACRES TOTAL I 1 29:z9 A�IEETT LOT 3 0 200 400 600 LOT 3 1.78 ACRES TOTAL I , - 1S ACRES ROAD r8pi 1:50 ACRES NET CL'. FINAL PLAT fs N H � � a.°• M.O.W. ' STERLING SUBDIVISION N ILOT 5 "0-"0" --- OWNERS-PLATTERS --- x 1 1 39.65 ACRES TOTAL - �y 1 I 36;92 AC ET ACRES NE�I ••�7 - 1Dtf � THEODORE R. STERLING II - IOWA ACRES. INC. !n PEGGY J. STERLING R. R. 1 4. idA-f R. R. 1. BOX 107A KELLEY. IA 50134 N KELLEY• IA 50134DALE E.CLARK 1 I PATRICIA L. CLARK 9 i KELLEY. IOWA 50134 ' 1 ��, I •I j PART OF IEAST HALF OF SECTION 34. TOWNSHIP 63 NORTH. RANGE 24 WEST OF THE SIN P.M.. SW1/4 NE1 4 I SE1/4 NE1/4 $� , STORY COUNTY. IOWA. DESCRIBED AS FOLLOWS: g I 1 BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 34: THENCE NB9.12.50•W, 1317.28 FEET I N TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTIO1f 1 i THENCE SO 25'00'E 1330.70 FEET TO THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE j I 1 NORTHEAST QUARTER OF SAID SECTION 34. THENCE N89.48'38'W 465.79 FEET ALONG THE NORTH LIA I OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAIb SECTION 34; THENCE SO.19'33'E 10.35 ACFE3 29.20 ACTES H 1832.13 FEET• THENCE Sag W'51'E, 1707.56 FEET TO THE EAST LINE OF THE SOUTHEAST QUARTER 1 OF SAID SECTION 34, THENCE NO-00.30-E. 511.49 FEET ALONG SAID EAST LIM TO THE EAST I 1 QUARTER CORNER OF SAID SECTION 34; THENCE NO 70.10'W. 2651.44 F LONG THE EAST LINE .'"•. 46 . 24 . I _- I 1 OF THE NORTHEAST QUARTER TO THE POINT OF SESINNIN9. CONTAI cm5 ` �• 179a 60' CERTIFICATION / r7 1 I HERESY CETTTIFY THAT THIS PLAT. WP S1AIVEY CA REPORT WAS- ��A m 1 MY OINE'.0 PET60NIAL fI-VISION 146 THAT I AN A DULY W-91S r•��V .. , 1 I.AWf OF TE STATE.OF �, Cq ••�� I I LOT S i Q``1• EO % t -5.3556 ACRES TOTAL I Y f • • 2.67 Ands -'•..__ _. - 3 .00 ACRES ROADNET 11.0!ACRES EAST 1/4 COMMON SECTION 74-61-24 00 1 •. 1 1 WEI/4 SEI/4 Su R w1/1 fE1/ STUNSO A AS9 ND 0CIATES-LA KWEYINC .m" 0.f4 Roo fs.o Roo I AND BOX f664 t I AWES IOWA 5D010 DATE 4/dill V - I I.P.Pope O w2ckj :r 0153 233-UN y - Pope I.P. In fL Ina