HomeMy WebLinkAboutA001 - Cross Easement Agreement dated November 23, 2005 - Raphael Furman, LLC and Erben Hunziker and Margaret Hunziker Apartments, LLC Ap
V Instrunent:2005- 00015555
M Date-*Dec 15,2005 02:17:16F
D Rec Fee: 15.00 E-Con Fee:
Aud Fee: .00 Trans Tax. i.
kec Management Fee: .00
Non-Standard Page Fee: .00
1.00
Filed for record in Story Countst Iowa
Susan L. Vande Yana, County Recorder
INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010(Tel:233-3000)
RETURN DOCUMENT To: David W.Benson, 1416 Buckeye Ave.,Ames IA 50010
CROSS EASEMENT AGREEMENT
This Cross Easement Agreement (the "Agreement") is made this 25 day of
2005, by RAPHAEL FURMAN, L.L.C., and ERBEN HUNZIKER AND
MARGARET HUNZIKER APARTMENTS, L.L.C., (the "Owners"), each being an Iowa
limited liability company.
WHEREAS, Owners hold title to certain real property in Story County, Iowa,
legally described as follows:
Lots 1, 2 and 3, Western Hills Subdivision, Ames, Iowa
(a replat of Lots 2, 5, 6 and 7, Landmark Subdivision, Ames, Iowa).
WHEREAS, Owners have constructed improvements including driveways,
sanitary sewers lines, and telephone lines, upon the several lots in Western Hills
Subdivision, Ames, Iowa; and
WHEREAS, in order that the several lots in Western Hills Subdivision may
continue to be harmoniously used by the Owners, their successors and assigns, it is
necessary that certain cross easements be established between the lots in Western Hills
Subdivision.
NOW, THEREFORE, Owners grant the following easement to their successors
and assigns:
1. Termination of Prior Agreement. The prior agreement filed in the office
of the Recorder of Story County, Iowa on June 24, 1992 and recorded in Book 327 at
page 186 is hereby terminated; and superseded by this Agreement.
2. Driveway Easement. Owners hereby grant an easement for common
driveway purposes over the West 12 feet of Lot 1 and over the East 12 feet of Lot 2 for
the mutual benefit of Lot 1 and Lot 2 in Western Hills Subdivision.
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3. Sanitary Sewer Service Line Easement. Owners hereby grant an easement
for sanitary sewer service line purposes over the North 5 feet of the East 60 feet of Lot 2
and over the South 5 feet of the East 60 feet of Lot 3 for the mutual benefit of Lot 2 and
Lot 3 in Western Hills Subdivision, Ames, Iowa.
4. Telephone Line Maintenance Easement. Owners hereby grant an
easement for telephone line maintenance purposes over those parts of Lots 1, 2 and 3
where telephone lines may be found from time to time for the mutual benefit of Lots 1, 2
and 3 in Western Hills Subdivision,Ames, Iowa.
5. Easement Maintenance. A lot owner shall have the right to construct,
reconstruct, maintain and repair the improvements described herein within the easement
area. During the construction, reconstruction, repair or maintenance of the improvements
that a lot owner is authorized to make within an easement area under this Agreement, a
lot owner shall have the right, as reasonably necessary for construction purposes, to
temporarily encroach upon land adjacent to and extending a distance of 10 feet from the
easement area.
6. Restoration. Immediately following construction, reconstruction, repair or
maintenance work by a lot owner within an easement area, weather and season
permitting, the ground disturbed within an easement area and encroachment area by such
work shall be restored to its natural grade and previous condition by the lot owner or, if
reasonably required by said construction, reconstruction or repair, an improved grade and
condition compatible therewith.
7. Nonexclusive Easements. The easement rights granted under this
Agreement are nonexclusive. This Agreement shall not preclude an owner of a lot in
Western Hills Subdivision, Ames, Iowa from granting similar easement rights to third
parties upon terms and conditions that do not impair or diminish the rights granted under
this Agreement.
8. Indemnification. An owner of a lot in Western Hills Subdivision, Ames,
Iowa agrees to indemnify and hold owners of other lots harmless as to all loss, damage or
expense sustained personally by other lot owners and as to all liability of other lot owners
to third persons b reason of damages or injuries to persons or roe resulting from the
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lot owner's exercise of the rights granted under this Agreement.
9. Easements Running with Land. The easements 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 the parties hereto and their respective heirs, successors
and assigns including, without limitation, all subsequent owners of the above-described
parcels and all persons claiming thereunder.
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10. Governing Law. This Agreement shall be governed, construed and
enforced in accordance with the laws of the State of Iowa.
IN WITNESS WHEREOF the undersigned have executed this instrument on this
;Z-, day of 4�/—e�,�;;,6-e-( , 2005.
RAPHAEL FURMAN, L.L.C. ERBEN HUNZIKER AND MARGARET
R MEN , L.L.C.
By / / By.
4'0 Eve f=� ,2�Yz.t�✓ 1G/� c A2- -=< f�TC�2
(Print name and title) (Print n and title)
STATE OF IOWA, COUNTY OF STORY, SS:
This instrument was acknowledged before me on Z 3 2005, by
as Manager of Raphael Furman, L.L.C.
ZpVAL S,r DAVID W. BENSON /
COMMISSION r�O. :, Aso ; 22�, Gt°/- G DG�y✓r��
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dOWa 'r - c v Tod Notary Public
STATE , SS:
This instrument was acknowledged before me on CC �u�L 2 Z 3 , 2005, by
C7��1 4 as Manager of Erben Hunziker and Margaret Hunziker
Apartments, L.L.C.
Notary Public
DAVID
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W. BEN_
SON
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