HomeMy WebLinkAboutA016 - Cross Easement Agreement dated November 29, 2004 Instruent: 200400015795
4� Date: 11-30-2004 Time: 08:05:24 an.
Rec Fee: 11.00 E-Cos Fee: 1.00
M Aud Fee: .00 Trans Tax: .00
D Filed for Record in STORY COUNTY IOWA
SUSAN L. VANDE KAMP,COUNTY RECORDER
MTUIRN TO:
INSTRUMENT PREPARED BY: I David W.Benson, 1416 Buckeye Ave.,Ames IA 50010 Tel:233-3000)
CROSS EASEMENT AGREEMENT
This Cross Easement Agreement (the "Agreement") is made this �`��— day of
P�a y e�wv�i.?�✓ , 2004, by Alexander, L.C., an Iowa limited liability company
("Alexander").
WHEREAS, Alexander is the owner of certain real property in Story County,
Iowa, legally described as follows:
Lot Two (2), Seventh Addition,Dauntless Subdivision,Ames,Iowa.
WHEREAS, the real property described above is being divided into two (2)
parcels by Plat of Survey, and the two parcels will thereafter be legally described as
follows:
Parcel "A" of Lot Two (2), Seventh Addition, Dauntless Subdivision,
Ames, Iowa, as shown on the "Plat of Survey" filed in the office of the
Recorder of Story County, Iowa, on if)0uevnbe r .3 O , 2004, as
Instrument Number 04- 15 -79 y , in Slide 2;j-7 at Page Y
("Parcel A");
and
Parcel `B" of Lot Two (2), Seventh Addition, Dauntless Subdivision,
Ames, Iowa, as shown on the "Plat of Survey" filed in the office of the
Recorder of Story County, Iowa, on nova 6e.t 30 , 2004, as
Instrument Number 04- 15 7 9 y , in Slide ;Z2:1 at Page t
("Parcel B"). - ---
WHEREAS,buildings will be constructed on each Parcel; and
WHEREAS, in order to meet City of Ames, Iowa regulations, it is necessary that
cross easements for ingress, egress and parking be put in place between Parcel A and
Parcel B.
NOW, THEREFORE, Alexander grants the following easement to its successors
and assigns and to the City of Ames, Iowa and its successors and assigns:
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1. Easement. Alexander hereby grants to its successors and assigns and to
the City of Ames, Iowa, and its successors and assigns, a cross easement for ingress,
egress and parking over all drives and parking areas now constructed or to be constructed
on Parcel A and Parcel B.
2. Maintenance. Alexander and its successors and assigns agree to maintain
the drives and parking areas in a useable and neat manner. The cost of any repair or
rebuilding shall be shared by the owners of Parcel A and Parcel B except any damage
resulting from the negligence of any person who uses or has used the easement areas
pursuant to the authority of the party granting such authority, in which case the party
granting such authority shall be liable for said damages.
3. Easement Running with Land. This easement and all agreements
contained herein shall be easements and covenants running with the land and shall inure
to the benefit of and be binding on Alexander and its successors and assigns including,
without limitation, all subsequent owners of the above-described parcels and all persons
claiming thereunder. This easement cannot be rescinded without the consent by
resolution of the City Council of the City of Ames, Iowa.
IN WITNESS WBEREOF, Alexander has signed this Agreement on the date and
year first above written.
ALE JJER,L.C.
BY: `� D
TITLE: f4 NAG
STATE OF IOWA, COUNTY OF STORY, SS:
On this J.`ITM' day of N 6 Q(?jm 6elr , 2004, before me the undersigned,
a Notary Public in and for said state, personally appeared
D 1 c 1 1). 34-^S-c v-, , to me personally known, who, being by me duly
sworn, did say that he is the aw v,4-+r f of said COMPANY executing the
foregoing instrument; that NO SEAL has been procured by the said company; that said
instrument was signed on behalf of said company by authority of its-Members; and that-
the said D'C yk kv% 0. j:C,0S_c/� acknowledged the execution of said instrument to
be the voluntary act and deed of said company,by it and by him voluntarily executed.
t, ERIK J.CHARTER
F won Number 191916
nrty Commission Expires Notary Public in and for the State of Iowa
ef'tlx T. C'�GfA27"��Z
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