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Home My WebLink AboutA010 - Easement Agreement dated April 17, 2000 275 INST.NO. 0 0 - 0-4 STORY COUNTY, IOWA FILED FOR RECORD �� 'r~ APR 2 e 2000 PM SUSAN L VANDE KAMP,14e09rcIv RETURN TOWREPAREU BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 EASEMENTAGREEMENT KNOW ALL PERSONS BY THIS INSTRUMENT: This is an Easement Agreement by and between Owner and the City of Ames,Iowa,upon the following terms and conditions: 1. DEFINITIONS. When used in this instrument,unless otherwise required by the context: 1.1. "Owner" means Terra Firma,L.P.,an Iowa limited partnership, having principal offices located at 207 Stanton Avenue, P.O. Box 1099, in the City of Ames, in Story County, Iowa. 1.2. "Parcel 1"means Lot 1,First Addition,Terra Firma Subdivision, Ames,Iowa. 1.3. "Easement Area 1" means the South 20 feet of the North 161.32 feet of the East 105.70 feet of Lot 1,First Addition,Terra Firma Subdivision,Ames,Iowa. 1.4. "Parcel 2"means Lot 2,First Addition,Terra Firma Subdivision, Ames,Iowa. 1.5. "Easement Area 2"means the North 20 feet of Lot 2, First Addition, Terra Firma. Subdi- vision, Ames,Iowa. 1.6. "City" means the City of Ames, Iowa, an Iowa municipal corporation, having principal offices located at 515 Clark Avenue,in the City of Ames,in Story County,Iowa. 2. CIRCUMSTANCES&PURPOSE. The Owner owns Parcel 1 and Parcel 2 in fee simple and, in order to satisfy certain zoning requirements of City relating to parking, now wishes to reserve for the Owner and the Owner's successors and assigns an easement for ingress and egress from parking areas on Parcel 1 and Parcel 2 across Easement Area 1 and Easement Area 2, which is along the common north-south boundary of the parcels. 3. EASEMENT ON PARCEL 1. Owner does hereby reserve for Parcel 2,the owner and successors and assigns of the owner thereof,for the uses and upon the conditions hereinafter recited,the perpetual right to enter upon Easement Area 1. The easement rights granted under this instrument shall be appurtenant to Parcel 2. 4. EASEMENT ON PARCEL 2. Owner does hereby reserve for Parcel 1,the owner and successors and assigns of the owner thereof,for the uses and upon the conditions hereinafter recited,the perpetual right to enter upon Easement Area 2. The easement rights granted under this instrument shall be appurtenant to Parcel 1. 5. EASEMENT USES. Owner reserves for the Owner and for the Owner's successors and assigns the right within,over,upon,across, and under Easement Area 1 and Easement Area 2 to construct, to reconstruct, to repair,to operate,to use,and to maintain a driveway for ingress to and egress from parking lots upon Parcel 1 and Parcel 2. 6. MAINTENANCE. The parties respective driveway improvements upon Parcel 1 and Parcel 2 shall be maintained by the owners of the respective parcels in a usable, neat, and uniform manner, so that the overall appearance of the driveway and parking lot improvements is that of one driveway. Any extraordinary cost of repair and rebuilding said improvements shall be shared equally by the owners of the respective parcels. FdF d 200004171545 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attorneys at Law•Ames,Iowa �� ( EASEMENTAGREEMENT Page 2 7. CITY APPROVAL. City approves the cross-easements herein as satisfying City's condition for building permit and zoning approval. Owner agrees for Owner and for its successors and assigns that the easements described herein shall not be released, terminated, or the uses materially di- minished without the consent of City. 8. TITLE WARRANTY. Owner that Owner holds said land by title in fee simple;that said grantor has good and lawful authority to grant the easement rights herein provided for; and that the described easement area is free and clear of all liens and encumbrances. 9. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This in- strument shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this instrument are for convenience only and in no way define or limit the scope or intent of any provisions of this instrument. IN WITNESS WHEREOF the undersigned has executed this instrument on April_a_,2000. TERRA FIRMA,I.P BY. EV COCHRANE&ASSOCIATES, INC., General Partner BY: David A.Keller,Vice President STATE OF IOWA,COUNTY OF STORY, SS:On April ,2000,before me,the undersigned, a Notary Public in and for said state,personally appeared David A.Keller,to me personal y nown,who,being by me duly sworn did say that the person is the Vice President of Ev Cochrane&Associates,Inc.,an Iowa business corporation,the corporate general partner of Terra Firma,L.P.,an Iowa limited partnership, executing the foregoing instrument,that no seal has been procured by the corporation;that the instrument was signed on behalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by authority of the corpora- tion's Board of Directors;and that David A.Keller as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntarily executed. PRONOUN J.FEILMEYER' — Iy1YCOMMISSION IRES a.� OTAR Y PUBLIC IN WITNESS WHEREOF the undersigned have executed this instrument on April 2000. CITY OF AMES WA BY: Y ,}�I Ted Tedesco,Mayor Diane R. Voss,Clerk STATE OF IOWA,COUNTY OF STORY, SS: On April,.,(— �2000,before me,the undersigned,a Notary Public in and for said state,personally appeared Ted Tedesco and Diane R. Voss,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively, of the City of Ames,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the municipal corporation,and that the instrument was signed and sealed on behalf of the municipal corpor�}'on,by authority of its City Council,as contained in the Resolution N° 0C�`17 tr, adopted by the City Council on April a��2000, and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. NOTARY PUBLIC Kt" E�t .Tii01>hPS^as."I ' Y MY COMMISSION i?_XPIRES FJF 200004171549 SHARP,JAHN,FEILMEYER&FEILMEYER,plc Attomeys at Law•Ames,Iowa 0 0 - 0 4 2 75 (,/�