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HomeMy WebLinkAboutA002 - Declaration of Reciprocal Easements and Covenants dated October 8, 1996 When recorded return to: �z(.,X Prepared by.:Jeremy C Shane;Belin Harris Laniso❑McCormick,200.F.inaneial Center,Des Moines,1A 50309,515-243-7100 DECLARATION OF RECIPROCAL EASEMENTS AND COVENANTS THIS DECLARATION OF RECIPROCAL EASEMENTS AND COVENANTS is made as of this 1? day of QL� b.e- 1996, by MIDLAND HOMES, INC. (hereinafter referred to as "DECLARANT"). WHEREAS, Declarant is the owner of the real estate located in Ames, Story County, Iowa, legally described in Exhibit "A" attached hereto, being developed by the Declarant as Bloomington Courtyard Homes Condominium (the"Condominium Property"); and WHEREAS, Declarant is the owner of the real estate located in Ames, Story County, Iowa, legally described in Exhibit `B" attached hereto, being developed by the Declarant as Bloomington Townhomes (the"Townhomes Property"); and WHEREAS, the real estate described as Outlot "Z" of Bloomington Court, an Official Plat, located in and forming a part of the City of Ames, Iowa, shall serve both the Condominium Property and the Townhomes Property and is to be owned an undivided one-half interest by Bloomington Townhomes Association, Inc. and an undivided one-half interest as a common element of the Bloomington Courtyard Condominium managed by Bloomington Courtyard Association, Inc.; and WHEREAS, Declarant desires to make this Declaration of Reciprocal Easements and Covenants to establish reciprocal ingress/egress easements, easements for use and enjoyment, and maintenance obligations with regard to the common areas in the Condominium Property and the Townhomes Property, and with regard to Outlot "Z", which easements and obligations will benefit and burden the Condominium Property and the Townhomes Property, all in anticipation of the sale of condominium units and townhome units in the Condominium Property and the Townhomes Property respectively, and of the mutual use and enjoyment of such common areas and Outlot"Z"by such condominium unit and townhome unit owners. NOW, THEREFORE, in consideration of the premises, the Declarant declares as follows: 1. RECIPROCAL INGRESS/EGRESS EASEMENT: Declarant does hereby establish, give, grant and convey for the benefit of the Condominium Property and the Townhomes Property, and for the owners thereof, their successors and assigns, and the tenants and invitees of such parties, a non-exclusive reciprocal easement for the purpose of ingress and egress for vehicular and pedestrian traffic upon and across all those entrances, driveways, parking areas, sidewalks, and other traveled portions of the Condominium Property and the Townhomes Property, and upon and across Outlot"Z", for access to and from the Condominium Property and Townhomes Property, and to and from Hyde Avenue and Harrison Road which abut the Condominium Property and the Townhomes Property. 2. EASEMENT FOR USE OF MINI-PARK: 'Declarant does hereby establish, give, grant and convey for the benefit of the Condominium Property, and for the owners thereof, their successors and assigns, and the tenants and employees of such parties, a non-exclusive easement for ingress and egress through and across and for the use of the mini-park area to be established on Lot "A" of the Townhomes Property, and any park improvements located thereon. 3. MAINTENANCE OF EASEMENT AREAS AND OUTLOT "Z": The Bloomington Townhomes Association, Inc. and Bloomington Courtyard Association, Inc. shall be respectively responsible at their sole cost and expense for the maintenance, repair, and replacement of the easement areas, and Outlot "Z", for ingress and egress as the same are located on or through the Condominium Property or the Townhomes Property respectively, including but not limited to maintaining such easement areas and Outlot "Z" free of any obstruction or debris, and providing snow and ice removal, with all such construction, maintenance, repair and replacement to be done in good and workman like fashion in compliance with any applicable codes and ordinances of the City of Ames, Iowa. Provided, however, that at any time, or for any particular type or instance of construction, maintenance, repair or replacement, the Associations may agree, in the interest of uniformity and cost efficiency, to have any such work completed on the Condominium Property and/or the Townhomes Property by a third party acceptable to the Board of Directors of each Association. The Boards of the Associations may agree in such instances to a mutually acceptable allocation of the cost of completing such work as between the Associations, based upon the relative amounts or cost of such work done on the Condominium Property, Townhomes Property or the portion of Outlot "Z" running through the Condominium Property or Townhomes Property. In any case, the Associations may charge their respective costs and expenses for completing their construction, maintenance, repair and replacement obligations as common expenses to their respective members. 4. ALTERATION OF EASEMENT AREAS AND OUTLOT "Z": Neither Association may alter the location or configuration of the easement areas or Outlot "Z" as located on or through the Condominium Property or Townhomes Property respectively, for ingress and egress, without the written approval of the Board of Directors of the other Association, and to the extent any such alterations would be subject to compliance with requirements of City ordinances, without the written approval of the City of Ames, Iowa. 5. TERM: The easements and covenants declared upon in this Declaration shall be effective upon the execution of this Declaration by the Declarant, and the recording hereof in the office of the Story County, Iowa Recorder, and shall be perpetual until and unless terminated in -2- , r writing by the Boards of Directors of both Associations, which termination must also be approved by the City of Ames, Iowa. 6. ENFORCEMENT: The easements and covenants declared upon in this Declaration shall be enforceable by the Board of Directors of each of the respective Associations for the Condominium Property and the Townhomes Property, and by the City of Ames, Iowa by injunctive action or by any other remedy available at law or in equity, with the prevailing party to be entitled to receive the costs of such action, including reasonable attorneys' fees, from the party violating the terms of this Declaration. In any such action, the Defendant shall be the appropriate Association in charge of the Condominium Property or Townhomes Property, as the case may be, which is the subject of such violation. 7. AMENDMENT: This Declaration may be amended at any time by a writing signed on behalf of the respective Associations, and approved in writing by the City of Ames, Iowa, with such amendment to become effective upon its recording in the office of the Story County, Iowa Recorder. 8. MUTUAL INDEMNIFICATION: The Association for the Condominium Property and the Association for the Townhomes Property, as the case may be, shall defend and hold harmless the other Association and their members, and tenants and invitees of such members, from all claims, demands, causes of action, losses, damages, liabilities and expenses, including, without limitation reasonable attorneys' fees and court costs, arising from any personal injury or property damage occurring on the property of the indemnifying party as a result of the failure of the such Association to fulfill its obligations hereunder for maintenance and repair of any easement areas on or portions of Outlot "Z" running through the Condominium Property or the Townhomes Property, as the case may be. 9. BINDING AGREEMENT: The Easements and Covenants provided for herein shall inure to the benefit of and be binding upon the Declarant, and its successors and assigns as owners of all or a portion of the Condominium Property and the Townhomes Property, and shall be appurtenant to the Condominium Property and the Townhomes Property, including all condominium units and townhome units thereon, and shall run with such property and shall constitute a benefit to and burden upon such property as set forth herein. IN WITNESS WHEREOF, this Declaration is executed by the Declarant as of the day and year first above written. MIDLY41) ES, INC. By: Ted A. Grob, President By. CHIC r R.L. Seeley Jr. Vice President -3- STATE OF IOWA ) ss County of Polk: ) On this 8 day of c:�-6 i,i 1996, before me, the and signed, a Notary Public in and for the State of Iowa, personally appeared Ted A. Grob and �h, to me personally known, who being by me duly sworn, did say that they are the President and Syd,cz tits of the corporation 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 Ted A. Grob and rtda-Fah as such officers acknowledged the execution of the foregoing instrument to be the Vol ntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa d A I951%loomVecipeas.doc -4- EXHIBIT "A" Lot 19, and the undivided interest in Outlot Z to be owned by Bloomington Courtyard Association, Inc., in Bloomington Court, an Official Plat in Ames, Story County, Iowa. dA 19515\b1oom\exhib-a.doc EXHIBIT "B" Lots 1 through 18, Lot A, Outlot Y and an undivided one-half interest in Outlot Z in Bloomington Court, an Official Plat, now included in and forming a part of the City of Ames, Story County, Iowa d A 19515\b1oom\exhib-b.doc