HomeMy WebLinkAboutA004 - Cross Easement Agreement with Dayton Hudson Corporation (Target), dated August 7, 1998 t
Prepared by: Gary M. Myers 666 Walnut St., Ste. 2500, Des Moines, IA 50309 515/288-2500
CROSS EASEMENT AGREEMENT
THIS Cross Easement Agreement made and executed this 7f� day of
1998, by Dayton Hudson Corporation d/b/a Target Stores ("Target"), a Minnesota corporation,
for the benefit of certain real property legally described as Target Addition to Ames, Story
County, Iowa(the "Subdivision"), and more particularly described on Exhibit A, attached hereto
and incorporated herein by this reference.
WHEREAS, Target owns the land (but not the building on leased land) located within
the Subdivision; and
WHEREAS, it is desired that there be a Cross Easement for access purposes benefiting
the three lots in the Subdivision.
NOW, THEREFORE, IN CONSIDERATION OF the foregoing Target declares as
follows:
I. Definitions. For purposes of this Agreement, the following terms shall have the
following meanings:
(a) "City" shall mean the City of Ames, Iowa.
(b) "Lot" shall mean any of Lots 1, 2 or 3 of the Subdivision.
(c) "Occupant" shall mean any person or business entity from time to time
entitled to the use and occupancy of any lot pursuant to any ownership
right or any lease, sublease, license or similar agreement.
(d) "Owner" shall mean any owner of any Lot.
(e) "Permitees" shall mean all occupants and the officers, directors,
employees, agents, contractors, customers, vendors, suppliers, visitors,
invitees, licensees and subtenants of Occupants in so far as their activities
relate to the intended use and occupancy of any Lot.
2. Access Easements. Target hereby declares that each owner of a Lot, for the
Owner's use and for the use of its Permitees, shall have a non-exclusive perpetual easement for
k:\IIb\1998\06\I Ib 18102.98
the passage and accommodation of pedestrians and vehicles (but not for parking purposes) upon,
over and across the driveway areas constructed within the Subdivision.
3. Running of Benefits and Burdens. This Agreement shall run with the land, and
the easement rights granted herein shall be a burden upon, and shall inure to the benefit of, the
Owners and Occupants and their successors and assigns.
4. Amendment. This Agreement shall not be rescinded or terminated without the
prior written consent of the City. This Agreement may be amended or supplemented without the
prior written consent of the City so long as Owners and Permitees continue to have access to
their respective Lots.
IN WITNESS WHEREOF, Target has duly executed this Agreement as of the 7k, day
of hs F , 1998.
DAYTON HUDSON CORPORATION
By:
me:
Title:
STATE OF
ss:
COUNTY OF ,v �,y )
On this 722:& day of /�2/]S- , 1998, before me, a notary public in and for
said county, personally appeared tF ,yp��; to me personally known, who
being by me duly sworn did say that that person is of said corporation,
and that said instrument was signed on
behalf of the said corporation by authority of its board of directors and the said
F„ur,OW7 acknowledged the execution of said instrument to be the voluntary act and
deed of said corporation by it voluntarily executed.
otary Public in aneKfhr said State and County
LINDA E.JOHNSON
;< NOTARY PUBLIC-MINNESOTA
x�- r Py Commission Expires Jan.31,2000
MA,nn n��n rt
2
EXHIBIT A
Target Addition to Ames, Story County, Iowa
Part of Lots 1, 2 and 3 in the subdivision of the Northwest Quarter of the Northeast Quarter and
part of the Southwest Quarter of the Northeast Quarter of Section 11, Township 83 North, Range
24 West of the 5th P.M., Ames, Story County, Iowa, more particularly described as follows:
Beginning at the Northeast corner of the Southwest Quarter of the Northeast Quarter of said
Section 11; thence S00°19'30"E, 171.22 feet along the east line of the Southwest Quarter of the
Northeast Quarter of said Section 11; thence N90°00'00"W, 540.87 feet; thence S00°00'00"W,
523.48 feet to the south line of Southeast 5th Street extended easterly; thence N89°58'35"W,
72.54 feet along said south line to the Southeast corner of said Southeast 5th Street and the east
line of the west 699.5 feet of the South Half of the Northeast Quarter of said Section 11; thence
N00059'31"W, 523.53 feet along said east line; thence N90°00'00"W, 380.43 feet to the west
line of the east 224.5 feet of the west 544.5 feet of the Southwest Quarter of the Northeast
Quarter of said Section 11; thence N00°32'30"W, 182.81 feet along said west line to the north
line of the South Half of the Northeast Quarter of said Section 11 and the southeast corner of Lot
3 in the subdivision of the Northwest Quarter of the Northeast Quarter of said Section 11; thence
N89008'11"W, 279.49 feet along the south line of said Lot 3 to the east right of way line of Duff
Avenue; thence N00°32'24"W, 254.00 feet along said east right of way line; thence
N03045'25"E, 80.08 feet along said east right of way line; thence N89°07'52"W, 1.00 feet along
said east right of way line; thence N00°32'24"W, 28.34 feet along said east right of way line;
thence S57°56'11"E, 27.30 feet; thence S87°54'18"E, 107.90 feet; thence S90°00'00"E, 143.93
feet to the west line of Lot 2 in the subdivision of the Northwest Quarter of the Northeast Quarter
of said Section 11; thence N00°30'53"W, 8.50 feet along said west line of Lot 2; thence
S90000'00"E, 851.16 feet; thence S00°00'00"E, 366.61 feet to the south line of Lot 1 and the
south line of the Northwest Quarter of the Northeast Quarter of said Section 11; thence
S89026'43"E, 155.58 feet along said south line to the point of beginning.
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