HomeMy WebLinkAboutA014 - Cross Easement Agreement dated June 11, 2003 03 - 1 1 73 1
P U INST.NO.
R, STORY COUNTY,IOWA
6 I FILED FOR RECORD
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Prepared by, and when recorded, return to: R. Michael Hayes, Hubbell Realty Company, 6900
Westown Parkway, West Des Moines, Iowa 50266-2520, (515) 280-2051
SPACE ABOVE THIS LINE FOR RECORDER
CROSS EASEMENT AGREEMENT
THIS CROSS EASEMENT AGREEMENT is made and entered into this f day of
2003, by and between GRAND JUNCTION, L. C., an Iowa limited liability company, ("Grand
Junction"), and FAMC, INC., an Iowa corporation, ("FAMC").
WHEREAS, Grand Junction owns Lot 1, Grand Junction Subdivision, Second Addition, an
Official Subdivision Plat,now included in and forming a part of the City of Ames, Story County,
Iowa, together with all easements and servient estates appurtenant thereto, and subject to all
easements, covenants and restrictions of record, ("Lot 1"), located at the Northeast corner of
Lincoln Way and Grand Avenue in Ames, Iowa, on which it has developed the Grand Junction
Shopping Center; and
WHEREAS, FAMC has purchased the following described land adjacent to Lot 1 from Grand
Junction, namely Lot 2, Grand Junction Subdivision, Second Addition, an Official Subdivision
Plat, now included in and forming a part of the City of Ames, Story County, Iowa, together with
all easements and servient estates appurtenant thereto, and subject to all easements, covenants
and restrictions of record, ("Lot 2"), on which it intends to develop a Culver's Restaurant; and
WHEREAS, Grand Junction was granted that certain Access Easement and other easement
rights over, through and across, a portion of Parcel "D" in the Southwest Quarter (SW 1/4) of the
Southwest Quarter (SW 1/4) of Section 2, Township 83 North, Range 24 West of the 5th P. M. in
the City of Ames, Story County, Iowa, as shown on the Plat of Survey filed in the office of the
Recorder for Story County, Iowa on October 13, 1995, in Book 13 at Page 139, pursuant to that
certain Easements, dated June 5, 1996, by and between Doolittle, Long John Silver's and
Hubbell Realty Company, an Iowa corporation, and filed for record in the Office of the Recorder
for Story County, Iowa on June 11, 1996, as Instrument No. 96-05642, (in which the interest of
Hubbell Realty Company was assigned.to and assumed by Grand Junction by that certain
Assignment of Easements, dated June 13, 1996, and filed for record in the Office of the Recorder
for Story County, Iowa on June 17, 1996, as Instrument No. 96-06039), as amended by that First
Modification of Easements, dated , 2003 and filed for record in the Office of the
Recorder for Story County, Iowa on , 2003 as Instrument No. 03- (collectively
the "Easements"); and
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WHEREAS,it is desirable to establish certain access,parking and utility cross easements for the
better development and use of said Lots 1 and 2.
NOW, THEREFORE, in consideration of the premises and the mutual covenants set forth in
this Cross Easement Agreement, Grand Junction and FAMC hereby agree as follows:
1. Main Driveway Easements. Grand Junction, for itself and its successors and assigns,
hereby grants to FAMC and its successors, assigns, and tenants and their employees and business
invitees, a perpetual, non-exclusive easement over and across the main driveways on Lot 1 and
on the Access Easement described in Section 2 of the Easements, for the benefit of Lot 2, so as
to provide vehicular and pedestrian access between Lot 2 and Lincoln Way and between Lot 2
and Gilchrist Street; provided, however, that Grand Junction reserves the right for the owner of
Lot 1 to relocate such main driveways from time to time. Grand Junction shall be responsible to
construct, operate, maintain, repair, and replace such main driveways, and to carry liability
insurance on such main driveways that names FAMC as an additional insured. The costs of
operation, maintenance, repair and replacement of said main driveways shall include all costs for
snow removal, trash removal, patching, laying an additional layer of asphalt over the main
driveways, replacing any or all of such main driveways, paying property taxes on the portion of
the land on Lot 1 occupied by such main driveways, which portion of property taxes shall be an
amount equal to the then applicable tax rate multiplied by the land portion of the assessed value
of Lot 1 multiplied by a fraction whose numerator is the square feet of the main driveways and
whose denominator is the total square feet of Lot 1, the portion of the insurance premium for
liability insurance equal to the total premium for liability insurance multiplied by a fraction
whose numerator is the square feet of the main driveways and whose denominator is the total
square feet of Lot 1, and an administrative fee equal to fifteen percent of these costs (exclusive of
the administrative fee); however, such costs shall not include the costs of initial construction or
total replacement of such main driveways. Grand Junction can perform such work by hired or
purchased labor or by its own employees and if performed by its employees such costs shall
include the hourly cost of such employees for the time spent, which hourly cost shall include all
wages and benefits (including applicable payroll taxes, workmen's compensation insurance and
disability insurance) and the hourly rental value of any equipment it uses. FAMC hereby agrees to
pay Grand Junction fifteen percent (15%) of all costs incurred by Seller for operating,
maintaining, repairing and replacing said main driveways, which payments shall be made
quarterly, in arrears, within twenty (20) days after receipt of an itemized statement from Grand
Junction of the costs incurred by Grand Junction for such operation, maintenance, repair and
replacement of such main driveways during the immediately prior quarter. For the purposes of
this Cross Easement Agreement the main driveways shall consist of(a) the main driveway that
runs east-west between Gilchrist Street and the intersection in approximately the center of the
Grand Junction Shopping Center with the north-south driveway that accesses Lincoln Way
between the Hollywood Video Building and the Bruegger's Building now located on said Lot 1,
and (b) such portion of said main north-south driveway as connects between Lincoln Way and
the intersection with said east-west portion of the main driveways, as the same may be relocated
from time to time by the owner of Lot 1; provided, however, no such relocation shall eliminate
the driveway connection between Lot 2 and said east-west portion of the main driveways.
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Neither Grand Junction nor FAMC shall allow or permit anyone to block the main driveways;
provided, however, Grand Junction may block the main driveways for so long as is necessary to
repair and replace the pavement or to prevent a party not covered by this agreement from
acquiring an easement over or across said main driveways.
2. Parking Easements. (a) Grand Junction, for itself and its successors and assigns,
hereby grants FAMC and its successors, assigns, and tenants, a permanent non-exclusive
easement over and across the parking areas located on Lot 1 and the driveway accesses thereto,
for the purpose of parking motor vehicles of the business invitees of Lot 2 within said parking
spaces, provided that such motor vehicles do not exceed the length of said parking spaces.
Grand Junction reserves the right for the owner of said Lot 1 to relocate or eliminate some of
said parking spaces from time to time.
(b) FAMC, for itself and its successors and assigns, hereby grants Grand Junction and
its successors, assigns, and tenants, a permanent non-exclusive easement over and across the
parking areas located on Lot 2 and the driveway accesses thereto, for the purpose of parking
motor vehicles of the business invitees of Lot 1 within said parking spaces, provided that such
motor vehicles do not exceed the length of said parking spaces. Grand Junction reserves the
right for the owner of said Lot 2 to relocate or eliminate some of said parking spaces from time
to time.
(c) Except to the extent provided in Section 1 above with respect to main driveways,
the owner of Lot 1, at such owner's expense, shall be responsible to construct, operate, maintain,
repair and replace the parking spaces located on said Lot 1, subject to the right of the owner of
Lot 1 to relocate or eliminate some of said parking spaces on Lot 1. The owner of Lot 2, at such
owner's expense, shall be responsible to construct, operate, maintain, repair and replace the
parking spaces located on said Lot 2, subject to the right of the owner of Lot 1 to relocate or
eliminate some of said parking spaces on Lot 2.
(d) No employee of the owner or any tenant of Lot 1 or of Lot 2 shall park in any
parking spaces that abut any building located on such lot or, if such row of parking_ is
perpendicular to any building, that are located within three (3) parking spaces of such building.
The right to park in such parking spaces shall also be subject to such other reasonable rules for
the safe and convenient operation of such parking facility established by the owner of Lot 1 with
respect to parking on Lot 1 and sent in writing to the owner of Lot 2 or established by the owner
of Lot 2 with respect to parking on Lot 2 and sent in writing to the owner of Lot 1.
3. Utility Easements. (a) Grand Junction hereby grants FAMC and its successors
and assigns, for the benefit of Lot 2, a perpetual fifteen foot (15.0') wide sanitary sewer
easement over, under, through and across the following described portion of Lot 1:
A strip of land 15 feet wide located across that part of Lot 1 of the Grand Junction
Subdivision, Second Addition, of the SW1/4 of the SW1/4 of Section 2, T83N, R24W of
the 5th P.M. in the City of Ames, Story County, Iowa, which strip of land is more
particularly described as follows:
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Commencing at the Southwest Quarter of said Section 2; thence S90°00'00"E,
98.06 feet along the south line of the Southwest Quarter of said Section 2; thence
N00°00'00"E, 33.00 feet to the northerly right-of-way line of Lincoln Way;
thence N58°20'13"W, 12.07 feet; thence N67°31'10"E, 132.04 feet; thence
N05050'39"E, 197.71 feet; thence N22°38'46"E, 53.53 feet; thence
N26059'17"E, 24.66 feet; thence S83°03'26"E, 5.32 feet to the Point of
Beginning; thence S83°03'26"E, 35.09 feet; thence N04°03'05"E, 15.02 feet;
thence N83°03'26"W, 28.86 feet; S26°59'17"W, 15.97 feet to the Point of
Beginning,
for the purpose of constructing, operating, maintaining, repairing and replacing a sanitary sewer
connection between Lot 2 and the public sanitary sewer main line located in said Lot 1. The
owner of Lot 2 shall restore any portion of Lot 1, or the improvements thereon that are damaged,
destroyed or displaced as a result of the construction, operation, maintenance, repair or
replacement of said sanitary sewer service connection in this easement to a condition comparable
to its condition immediately prior to any such damage, destruction or displacement. The owner
of Lot 2 shall protect, defend, indemnify and hold harmless Grand Junction and its successors,
assigns, tenants, employees, business invitees and agents, and their estates in said Lot lfrom any
and all claims, demands, damages, liabilities and mechanic's, liens arising by reason the
construction, operation, maintenance, repair or replacement of said sanitary sewer service
connection in this easement.
(b) Grand Junction hereby grants FAMC and its successors and assigns, for
the benefit of Lot 2, a perpetual fifteen foot (15.0') wide natural gas easement over, under,
through and across the following described portion of Lot 1:
That strip of land 15 feet wide located across that part of Lot 1 of the Grand Junction
Subdivision of the SW1/4 of the SW1/4 of Section 2, T83N, R24W of the 5ch P.M. in the
City of Ames, Story County, Iowa, which strip of land is more particularly described as
follows:
Commencing at the Southwest Quarter of said Section 2; thence S90°00'00"E,
98.06 feet'along the South line of the Southwest Quarter of said Section 2; thence
N00°00'00"E, 33.00 feet to the Northerly right-of-way line of Lincoln Way;
thence S90°00'00"E, 298.01 feet; thence N00°00'00"W, 116.67 feet to the Point
of Beginning; thence N27°49'24"W, 81.06 feet; thence S85°39'50"E, 17.72 feet;
thence S27°49'24"E, 50.31 feet to the beginning of a curve; thence Southerly 3.98
feet along said curve having a radius of 1,242.00 feet, concave to the Southeast,
and a central angle of 00°11'Ol" and being subtended by a chord which bears
S56025'44"W, 3.98 feet; thence S00°00'00"E, 23.65 feet to the Point of
Beginning,
for the purpose of constructing, operating, maintaining, repairing and replacing a natural gas line
connection between Lot 2 and the natural gas line located in said Lot 1. The owner of Lot 2 shall
restore any portion of Lot 1, or the improvements thereon that are damaged, destroyed or
displaced as a result of the construction, operation, maintenance, repair or replacement of said
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natural gas service connection in this easement to a condition comparable to its condition
immediately prior to any such damage, destruction or displacement. The owner of Lot 2 shall
protect, defend, indemnify and hold harmless Grand Junction and its successors, assigns, tenants,
employees, business invitees and agents, and their estates in said Lot 1 from any and all claims,
demands, damages, liabilities and mechanic's liens arising by reason the construction, operation,
maintenance, repair or replacement of said natural gas service connection in this easement.
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(c) Grand Junction hereby grants FAMC and its successors and assigns, for
the benefit of Lot 2, a perpetual ten foot (10.0') wide telephone easement over, under, through
and across the following described portion of Lot 1:
That strip of land 10 feet wide located across that part of Lot 1 of the Grand Junction
Subdivision of the SW1/4 of the SWl/4 of Section 2, T83N, R24W of the 5tb P.M. in the
City of Ames, Story County, Iowa, which strip of land is more particularly described as
follows:
Commencing at the Southwest Quarter of said Section 2; thence S90°00'00"E,
98.06 feet along the south line of the Southwest Quarter of said Section 2; thence
N00°00'00"E, 33.00 feet to the northerly right-of-way line of Lincoln Way;
thence S90°00'00"E, 298.01 feet, thence N00°00'00"W, 116.67 feet; thence
N27049'24"W, 81.09 feet; thence N86°03'49"W, 65.56 feet to the Point of
Beginning; thence S49°00'13"W, 48.43 feet; thence N40°59'47"W, 10.00 feet;
thence N49°00'13"E, 58.44 feet; thence SO4°03'05"W, 14.15 feet to the Point
of Beginning,
for the purpose of constructing, operating, maintaining, repairing and replacing a telephone line
connection between Lot 2 and the telephone line located in said Lot 1. The owner of Lot 2 shall
restore any portion of Lot 1, or the improvements thereon that are damaged, destroyed or
displaced as a result of the construction, operation, maintenance, repair or replacement of said
telephone service connection in this easement to a condition comparable to its condition
immediately prior to any such damage, destruction or displacement. The owner of Lot 2 shall
protect, defend, indemnify and hold harmless Grand Junction and its successors, assigns, tenants,
employees, business invitees and agents, and their estates in said Lot lfrom any and all claims,
demands, damages, liabilities and mechanic's liens arising by reason the construction, operation,
maintenance, repair or replacement of said telephone service connection in this easement.
4. Easements Binding and Running with the Land. The easements granted by this
Cross Easement Agreement shall benefit and be binding upon Grand Junction and FAMC and
their successors, assigns, heirs and legal representatives, and shall run with the land.
5. Entire Agreement. This Cross Easement Agreement contains the entire agreement
between the parties; and no agreement, representation or inducement shall be effective to change,
modify or terminate this Cross Easement Agreement in whole or in part, unless in writing and
signed by the parties or the then owners of Lots 1 and 2, as applicable. All prior conversations or
writings between the parties hereto or their representatives are merged herein and extinguished.
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6. Construction of this Agreement. The captions of the sections are for convenience
only and shall not be used in construing the meaning of a section. Both parties acknowledge that
they had the opportunity to consult legal counsel and negotiate this Cross Easement Agreement and
therefore agree that the rule that any ambiguity shall be construed against the party who drafted the
portion of this agreement in question shall not apply to the construction of this Cross Easement
Agreement. In the event that any court determines that any portion of this Cross Easement
Agreement is not enforceable, the remainder of this Cross Easement Agreement shall continue and
remain in full force and effect.
7. Recording. - This Cross Easement Agreement shall be filed in the records'of the
Recorder for Story County, Iowa and the parties shall share the expense of such recording equally.
IN WITNESS WHEREOF, Grand Junction and FAMC have duly executed this Cross Easement
Agreement,in duplicate,as of the day and year first above written.
GRAND JUNCTION,L. C.
By: Hubbell Realty Company,Its Managing Member
BY� L_Z/
Rick J. Tollakson,President
By:
, P A�U_�
R.Michael Hayes,Secret
STATE OF IOWA )
)SS.
COUNTY OF DALLAS)
On this day of ,Ufa , 2003, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Rick J. Tollakson and R. Michael Hayes, to me
personally known, who, being by me duly sworn, did say that they are the President and Secretary,
respectively, of Hubbell Realty Company, the managing member of GRAND JUNCTION, L.
C., an Iowa limited liability company; that the foregoing instrument was signed on behalf of said
corporation by authority of its Board of Directors and on behalf of said limited liability company by
authority of its Operating Agreement and members; and that the said Rick.J. Tollakson and R.
Michael Hayes, as such officers, acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of said corporate Managing Member and said limited liability company, by
each entity and by them voluntarily executed.
APRIL YUFAN® lar ( -C./ —
commission Number 710207 Notary Public in and for id State
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FAMC, INC.
By:
John Fis r,President
By: �"-z
Thomas K. Fischer,Secretary
STATE OF IOWA )
)SS:
COUNTY OF CERRO GORDO)
On this / day of �i,(,.�Q , 2003, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared John Fischer and Thomas K. Fischer, to me
personally known, who, being by me duly sworn, did say that they are the President and Secretary,
respectively, of FAMC, INC.; that the foregoing instrument was signed on behalf of said
corporation by authority of its Board of Directors; and that the said John Fischer and Thomas K.
Fischer, as such officers, acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of said corporation,by it and by them voluntarily executed.
Notary Public in and for the State of Iowa
o PEAL s9 DENINE 80RCHARDT
COMMISSIONNO.168190
MY COMMISM EXPIRES
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