HomeMy WebLinkAboutA014 - Easement Grant for Ingress and Egress and for a Water Line dated May 10, 2001 01 - 06412
INST.NO.
RETURN TO: I S STORY COUNTY,IOWA
� FILED FOR RECORD ROBERT IC FRIEDRICH; ���_JR I M
619 E LINCOLN WAY AM MAY 2 5 2001 D
AMES IA 50010
SUSAN L.' u��V_A^NnDE KAMP,Recorder
$.L�REC.FEE • AUD.FEE$---
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:G..Mark Ric Adams&Rice PLC 317 6°Avenue Des Moines IA 50309-4I15 hone: 515-246-9800
EASEMENT GRANT FOR INGRESS AND EGRESS
AND FOR A WATER LINE
1. Grant of Easement for Ingress and Egress. Robert K. Friedrich, Jr. as court
appointed Receiver in a case entitled Firstar Bank Iowa, N.A. v. Barber's of Iowa, Inc., Donald
E. Barber, Leanna K. Barber and Vulcan Industrial Properties, Inc. Case No. Equity
EQCV039157 in the Iowa District Court for Story County;pursuant to the Iowa District Court
Order of December 4, 2000 in such case, and in order to comply with the requirements of
Chapter 354 of the Iowa Code (2001), and the requirements of the city of Ames, Iowa to
undertake the plat of certain real property now known as:
Lot 1, Pete Cooper Subdivision
City of Ames, Story County, Iowa
to be known as Lots 1,2,3, and 4 East Lincolnway Plat, does hereby grant to each and every
subsequent owner of Lots 2, 3, and 4, East Lincolnway Plat, by the acceptance of a deed thereto,
whether or not it shall be expressly stated in such deed both for itself and its successors and
assigns a reciprocal right to access to the easement described below together with the full and
free right of the owners of Lots 2,3 and 4, East Lincolnway Plat and their employees tenants,
servants, visitors and licensees in common with all others having the like right at all times with
or without vehicle or on foot for the purposes on ingress and egress as follows:
Lot 2 Beginning at the Northwest Corner of Lot 2; thence East 16 Feet
along the North Line of Lot 2; thence Southwesterly to a point on
the West Line of Lot 2 that is 16 Feet South of the Northwest
Corner of Lot 2; thence North 16 Feet to the Point of Beginning.
Lot 3 Beginning at the Northeast Corner of Lot 3; thence West 16 Feet
along the North Line of Lot 3; thence Southeasterly to a point on
the East Line of Lot 3 that is 16 Feet South of the Northeast Corner
of Lot 3; thence North 16 Feet to the Point of Beginning.
Lot 4 The North 181.80 Feet, and the North 25 Feet of that part of Lot 4
that is adjacent to and South of the South Lines of Lots 2 and 3.
all within East Lincolnway Development Subdivision, Ames, Iowa, (hereinafter referred to as the
"Easement Area").
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2. General Terms and Conditions of Easement for Ingress and Egress.
2.1. Robert K. Friedrich, Jr. as Receiver, and each and every.title holder to Lots
2,3, and 4, East Lincolnway Plat and their successors and assigns, shall not, without
obtaining the prior written approval of the City of Ames Engineer and all of the owners
of Lots 2,3, and 4, East Lincolnway Plat:
2.1.1. Erect or cause to be placed on the Easement Area any structure,
material device, thing or matter which could possibly obstruct the
Easement Area.
2.1.2. Change the grade, elevation of contour of any part of the Easement
Area.
2.2. The right of access shall be as reasonably necessary to the use and enjoyment
of Lots 2,3, and 4, East Lincolnway Plat for the purposes described herein, including, but
not limited to:
2.2.1.The right to remove any unauthorized obstructions or structures
placed or erected on the easement area, and
2.2.2 The right to improve,repair and maintain the easement area.
2.3. The foregoing rights are granted upon the express condition that the
owners of Lots 2,3, and 4, East Lincolnway Plat shall be responsible for the maintenance
and repair of the Easement Area expressed as a percentage in proportion to the area of
their respective Lot size and will assume liability for all damage to the Easement Area
and adjoining real estate caused by the failure to use due care_in the exercise of the
granted rights.
2.4. This Easement is perpetual and shall be a covenant running with the land
and shall be binding upon the undersigned and his heirs, successors, assigns and
transferees.
2.5 The grant of this Easement is subject to the power of the city of Ames,
Iowa to nullify any purported agreement for the recession of this Easement grant.
3. Grant of Easement for a Water Line. Robert K. Friedrich, Jr. as Receiver does hereby grant
to each and every subsequent owner of Lot 4, East Lincolnway Plat, by the acceptance of a deed
thereto,whether or not it shall be expressly stated in such deed both for itself and its successors
and assigns a perpetual easement across the west 11.5 feet of Lot 3, ("Water Line Area") for the
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benefit of Lot 4 to allow the owner of Lot 4 to have access to the Water Line Area to construct,
maintain,repair and replace at the owner of Lot 4's sole expense, an underground water line.
4. General Terms and Conditions of the Easement for a Water Line Robert K. Friedrich, Jr.
as Receiver, and each and every title holder to Lot 3 and 4 East Lincolnway Plat and their
successors and assigns, shall not:
4.1. Erect or cause to be placed on the Water Line Area any structure, material device,
thing or matter which could possibly obstruct or prevent access to the water line.
4.2. The owner of Lot 4, and their successors and assigned shall restore the Water Line
Area to a satisfactory condition after the construction, maintenance, repair and replacement of
the water line in substantially.the same condition as prior to entry on the Water Line Area.
4.3 This Easement is perpetual and shall be a covenant running with the land and shall be
binding upon the undersigned and his heirs, successors, assigns and transferees.
Dated this day of , 2001.
Robert K. Friedrich Jr., Receiver
By: .
obert . Friedrich Jr.
STATE OF IOWA )
ss:
COUNTY OF STORY )
On this J0 day of , A.D. 2001,before me, a notary public, personally
appeared Robert K. Friedrich, Jr., to me known to be the person named herein and who executed
the foregoing instrument, and acknowledged that he executed the same as his voluntary act and
deed. SU.n�kYa. T S o h n s o h
No ary Public i he rate of Iowa
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