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HomeMy WebLinkAboutA015 - Driveway Easement Grant dated March 28, 2008 9Instrument:2008- 00007824 hi Date:Jul 14►2008 11:02.06A D Rec Fee: 45.00 E-Com Fee: 1.0tj 6 Aud Fep: .00 Trans Tax: .00 Rec Management Fee: 1.00 Hon-Standard Page Fee: .00 Filed for record in Story Countyr Ioua Susan L. Vande Kampr County Recorder Space above for recordin data Prepared Ey/Rc�toref'I'o:Craig R.Bastin s,_Att'y at Law,409 Duff,PO Box 1794,,Amzs,1A 50010(515)232-2501 ; RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010 (ENV) DRIVEWAY EASEMENT GRANT 1. MARGUERITE SEVDE as TRUSTEE of THE RICHARD H. SEVDE RESIDUARY TRUST AND RANDY SEVDE and KARIN SEVDE as TRUSTEES of THE MARGUERITE SEVDE IRREVOCABLE TRUST AGREEMENT DATED DECEMBER 4, 1997 (referred to as Sevdes) are the owners of the real estate described as: 4 Lot 2, Woodbridge Subdivision, Ames, Iowa 2. It is necessary and desirable for Sevdes to grant a non-exclusive easement across a portion of Lot 2 to certain adjoining owners for the purpose of access over and across this portion to the real estate of these adjoining owners (referred to as the Adjoining Owners). 3. The Adjoining Owners own real estate described as: Lot 1, Woodbridge Subdivision, Ames, Iowa (referred to as Lot 1), and Parcel A, a part of Lots 5 & 6 of Oakwood Second Addition, as shown by the Plat of Survey recorded in Slide 215, Page 6 of the County Records (referred to as Parcel A) 4. ' The owner of Parcel A is CYCLONES HOSPITALITY, LLC (Cyclones). The owners of Lot 1 are Sevdes. 5. The parcels shall be referred to as the Lots. Should a parcel be subdivided the resulting parcels shall also be referred to as Lots. In consideration of the grant of the easement, the Adjoining Owners and Sevdes (sometimes referred to as the Owners or the Parties) agree that the grant of the easement shall be subject to the following covenants, charges, assessments, conditions and restrictions subject to the limitations contained in this Grant. ARTICLE I. EASEMENT GRANT. 1. Sevdes hereby convey to the Adjoining Owners a non-exclusive easement for driveway purposes, which easement shall run with the land, over and across the area described as: The West 55 feet of Lot 2, Woodbridge Subdivision, Ames, Iowa (referred to as the Easement Area, and shown on the attached Exhibit A). As used in this Grant "driveway purposes" shall mean that the Easement Area shall be used for driveway access purposes, and not for parking or standing. Sevdes and the Adjoining Owners agree that they, their agents, employees, invitees or tenants (or their invitees) shall not use the easement area for parking'or standing, nor shall they obstruct it so as to prevent its use for access by Adjoining Owners or Adjoining Owners' agents, employees, invitees or tenants (or their-invitees). ARTICLE II. MAINTENANCE, ASSESSMENTS. 1. Construction and Maintenance. The Easement Area driveway shall be constructed by Sevdes, but shall be maintained and repaired by the Parties as provided in this section. The Parties agree to share in the costs and expenses of maintaining the Easement Area in good repair-in the fractions shown on the attached Exhibit B. It shall be the responsibility of Sevdes to arrange for and superintend any maintenance or repair, and they shall not be reimbursed for its time in so doing. Should Lot 1 be subdivided into additional lots, Sevdes shall continue to perform these duties until they no longer own any portion of Lot 1. Then the owner of the largest lot adjoining the Easement Area shall take this responsibility. In the event Sevdes or the owner of the largest lot, as the case may be, fail to perform such duties expeditiously, any of the Adjoining Owners may perform them. 2. Creation of Lien and Personal Obligation of Assessments. The Parties do hereby covenant and agree to pay all annual assessments or charges and special assessments, together with interest, costs and reasonable attorney fees, shall be a charge on a Lot and shall be a continuing lien upon the Lot against which such assessment is made. Every such assessment, together with interest, costs and reasonable attorney fees, shall also be the personal obligation of the party who was the owner of the Lot at the time when the assessment was due. 3. Purpose of Assessments, Consent Requirement. The assessments levied shall be used for road improvements, repairs and maintenance of the Easement Area. No road improvements, maintenance or repair costing more than $1,000.00 shall be done without the written agreement of the majority of the parties. Without limiting the generality of the foregoing statement of purpose, such assessments shall be applied to the payment of the costs of the following: a. To enforce any and all use restrictions in this Grant or which may be lawfully imposed hereafter-on or against any of the property in the subdivision. 2 y b. To repair and maintain the Road which shall include but not be limited to plowing, sweeping, resurfacing, and replacing the Road. It shall include installing and maintaining signage. It shall also include payment of that portion of the property taxes and special assessments which are allocable to the Easement Area. Should there be any dispute as to the proper allocation, it shall be resolved by submitting the issue to the City Assessor. C. To pay expenses to carry out the above, such as attorney fees, managers fees, expenses of liability and other insurance, bookkeeping and accounting expenses and any and all other expenses that may from time to time be deemed necessary to carry out the intent of this Grant. 4. Annual Assessment. Each Owner shall be assessed annually for the costs described above. The annual assessments for each Lot shall be detennined according to the following formula. Each Lot shall be assessed for a fraction of the costs based on the length of its frontage on the Road. The numerator of the fraction shall be the length of that Lot's frontage and the denominator shall be 1200 feet, which it is agreed is twice the stipulated total length of the Road. Exhibit A shows the fraction for each Lot as they are currently configured, but with the lengths slightly rounded to make the fractions total to one. Should a Lot be divided the fractions for the resulting Lots shall be calculated on the same principle. 5. Special assessments for Capital Improvements. In addition to the assessments authorized above, if the finds available from the annual assessment are insufficient a special assessment may be levied for the purpose of defraying, in whole or part, the costs of any construction, reconstruction, repair or replacement of the Road. 6. Sinking Fund. A sinking fund may be set aside funds from the Annual or any Special Assessment for fixture repair or replacement of the Easement Area. It shall be maintained by Sevdes or their successor in interest. 7. Date of Commencement of Annul Assessments. The annual assessments provided for herein shall commence as to all Lots effective July 1, 2008. Written notice of the annual assessments shall be sent to every Owner. The due date shall be established by the Parties at the annual meeting. Sevdes upon demand shall furnish a certificate setting forth whether the assessments of a specified Lot have been paid. 8. Effect of Non-Payment of Assessments. Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 8% per annum unless a different rate is set by the Parties. Any of the Parties may bring an action at law or equity against any Owner that has not paid its assessment and may foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by abandonment of its Lot. 9. Lien for Assessments. Assessments, as provided in this Grant, shall be paid within the time period established by the Parties. Any unpaid assessments shall draw interest at a rate set by the Parties, not to exceed the maximum rate allowed by law, if not 3 paid within the time period. In the event any of the Parties retains legal counsel to collect any delinquent assessment, the delinquent Owner shall be liable for reasonable attorneys fees and costs incurred for collection, which reasonable attorney's fees and costs may be added to the lien provided below. Any delinquent assessment shall be a lien against the Lot for which the assessment is owed, in addition to being a personal obligation of the Owner of the Lot at the time the assessment becomes delinquent. Any of the Parties may file a Notice of Lien on said Lot in the Story County Recorder's Office at any time an assessment becomes delinquent, and such Notice shall constitute a valid lien against the Lot. The lien may be enforced as a mechanics lien or suit may be brought against the Owner personally obligated to pay the assessment. 10. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage lien now established against any of the Lots. Sale or transfer of any Lot shall not affect the assessment lien; it shall remain a charge until paid. 11. Attorney Fees. In any action or proceeding relating to this Grant and the collection of assessments, the successfiil.party shall be entitled to receive reasonable attorney fees and costs as pennitted by law. ARTICLE III. MEETINGS, VOTING BY THE PARTIES. 1. Meetings, Notice. The Parties shall meet annually and from time to time as needed to set the assessment and discuss any issues. Written notice by regular mail of any meeting of the Parties called for the purpose of taking any action authorized under this Grant shall be sent by Sevdes or their successor (as provided above) to all the Parties not less than 30 days nor more than 60 days in advance of the meeting. 2. Each Lot shall be entitled to one vote as long as the annual assessment for that Lot is paid. When there is more than one party owning a Lot the parties shall nonetheless have only one vote, which the parties shall determine among themselves how to cast. In no event shall more than one vote be cast with respect to any Lot. Each Owner, by purchasing a Lot shall automatically has a vote and shall be bound by the terns and conditions of this Grant. 3. On transfer, conveyance or sale by the Owners of all of his or her or its interest in a Lot, such Owner shall no longer have a vote. Each Owner or the purchaser on purchase of a Lot shall immediately notify the Parties of the new Owner's name and address. ARTICLE IV. GENERAL AND MISCELLANEOUS PROVISIONS. 1. Subject to the limitations set forth in this Grant, the Parties shall have the right to snake such reasonable rules and regulations and to provide such means and to 4 employ such agents as well enable it adequately and property to carry out the provisions of this Grant. This may include rules and regulations for the use of the Easement Area. 2. This Grant may be terminated, and all of the real property now or hereinafter affected may be released from all or any part of the terms and conditions of this Grant by the owners of all of the Lots (subject hereto at any time it is proposed to terminate this Grant) excluding and ackriowledging an appropriate written agreement or agreements for that purpose, and filing the same with the office of the Story County Recorder, State of Iowa; provided it shall not be teinlinated without the written consent of the City of Ames, Iowa. 3. All of the provisions of this Grant shall be deemed to be covenants run ling with the land, and shall be binding on the ensure to the benefit of the owners of the properties their heirs, successors and' assigns, and all parties claiming by, through or under them shall be taken to hold, agree, and covenant with such owners, their successors in title, and with each other, to conform to and observe all the terms and conditions contained in the Grant. 4. Should any part of this Grant be deemed to be in the nature of a restrictive covenant, any Owner is empowered and authorized to file a Verified Claim with the Story County Recorder, at any time prior to the expiration of the statutory term of the Grant, in accordance with the requirements of Section 614.24, Code of Iowa, or its successor. The filing of such Verified Claim shall cause the Grant to be extended for an additional twenty-one (21 year term from the date of such filing, for all Lots. Additional Verified Claims, each extending the Grant for an additional twenty-one (21) year terms may be filed in the same manner. End of Text. Signatures on Following Pages. 5 Richard H. Sevde Residuary Trust By Margueri Sevde, Trustee STATE OF IOWA, COUNTY OF STORY ) �;� This instrument was acknowledged before me on" ),- 0, 2008 by MARGUERITE SEVDE as TRUSTEE of THE RICHARD H. SEVDE RESIDUARY TRUST. Sign name here JON�.L01NMf4R� I t name here O� Z L..Owv"0.VN Nota ublic in and for said State and Count� Com idsft Number 14827 y Expires Marguerit S e'fr cable Trust Agreement Dated December 4, 1997 Rpddy S vde, Trustee By. ' Karin Sevde, Tntstee STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on 2008 by RANDY SEVDE and KARIN SEVDE as TRUSTEES of THE MARGUERITE SEVDE IRREVOCABLE TRUST AGREEMENT DATED DECEMBER 4, 1997. JON R.LOWMAN Sign name here Commission Number 1482T/ Print name here ) -�s 0�`� , pW 1/�r'0. owa eyCo�rns( Expires Not Public in and for said State and County 6 Cyclones Hospitality, LLC STATE OF ��x(A� ,COUNTY OF DO This instrument was acknowledged before me on ,2008 by� (,tp as h ` h0 of CYCLONES H TALITY,LLC. Sign name here Print name here Rahva�11(I tJ P4�e Notary Public in and for said State and County Subscribed and sworn before me this day of ffi loN P' ROBBIE MONICA BARBOSA MY COMMISSION EXPIRES (Votary Public ��•pf 1��` August 5,2008 I i r., ...et,.a csvxR afit. iR-B:f-ti rUA:fi at:.r<1V„� s ^.. ' w.frA�!Ewt flS:IG tit.CGS. l5 5 A aAm_EL OMNER/DEVELOPER' uk LCr tCr L'., FOX) t Im �m RIC hJ'RO fi, SE tot: R'i`:T YaPC_ 7wIC�} MARL ERIiE SEYQE IP'fY. TP,.27 Ames.s ill 50010 LLS DRIVE as SURVEY DESCRIPTION — WOODBRIDGE SUBDIVISION: A ouJ 4v 3'S 1II to PdrT:0 6 11 Late 5 6 or0 7, £}gk-0od t'`eVon0 A:iitlt S^v!t to tle CitY ol Mnm Sto"9 COVntY 0 A lOe An 1,0"GartiCuia^IV eeg!n ,v y at .h_ Soo h>.e t Co—el Co—ml of S3 d Lot G: to o.N N J-a# 85 F ?3't 8 feet 8.Ic 9 the West )we. of �a.fj Lot 6: >r,ao)one`% to rse 5 9'z 5 E 230 uQ twet, trsezit`e Mv+'4 h E, 3.iu�0 fee .! .,.0 tro saee SAVZ6 feet to e"int on the Emt IYna of saw t!+ervice U5 J4'na E ii 2.7 f eL tnA c'.o(;7r LTG'aQ W S.Go eet to to iWtii 4ot (Ct'ner` Or Salo lot 7 tR: EYES,nce w0 D0.MZfif"5 A oet 1 rk CftReEfwr° to tne vtn.. t orner of azao Lot 7; trer e 5'39 45 vc M, 5S2,64 feet • 4 .'� .. - L..T 7 3 100; J"L"-4-A to ffte D'im fit tegt ning, ;.ont8,ftnfg e.44 A.re.5. Q o iIP� 7RYE NE TS+Yk�G ZONING DISTRICT: HOC (HIGHWAY ORIENTED COMMERCIAL) C..YS<E t 1 a !1flair' A Si f9 i R DE UX STANO RM a a., 1 a ai 3A r a i t i I ( f5tft fslm "aEr#IzCv<_,: sax+W>.ii,z MO T 2n' MINIMUM (1€( FLiFL PVMo AN00y) 1 �c..MeLtan Ca tk'•l4 ..IQ S MR:w_ni SIDE: 13' MINfMQM ABUTTING RESiDENTiA".LY 3CNEQ LOT r6-A6 a M t3'S>..F so 40' REAR t0' MI^f M..w . LOT 2 00 MIUitA aREA X > M Li $uEGA : 1,z 3513:©.96 S�',FT j c -3 MA.IM M MEIraHT: 85 Co 7 STORIES ii8' FUEL PUMP CANOPY) ACFES t V,I OAKWS10t)ROAD = FT- o NOTES X LOT 1 W 1 Il OAINt ARE REOUIPEU IN A ti .A,WIPI N THIS F:.AT NHIC.H HAtF 6EEN UJ ID ENr FLED Sr CITY ,c AMES A; HAYItkG 5DILS TNA7 MA✓,E C ISTRt_yTiQM v 6aILOIN_a DIFFICULT, 2 GC ACI"`S a a S.+tuivj Ivru QC�.0 ARv .,� ...:;. t ELFCEWEPLINE -� ; .. E - �su f A 1 ThC b: pf El 0 - P Aii E 4c rC!,U nirz- •. ;,... :,,... ,..�. _..,,• ....... , � ° 4¢ ..Lt 5 k.'fED fA I !*f? ttwr� .9P vhAC n Div wiu rEi+3t �. i 6 WL'O WC ORfY EA' 11`P to7 t m M t .._._ .. ... _ .. ..., .._e.._... sl�' �y SITE -.'t 6r HIC SCALc f"�a7Cx, OAKNC00�AD nEU tei�< -t �"..• A, mono .iirii! 5.3f. F E h C1 ii3 L7 GLTS.I �S�Ci 1 t.a• mi< s :nu law.u. 4 5TUMB0 4 A550GIATE5 FINAL FLAT t. - o .� t � '• It w X +i�'+. LAND 5URVE'f i NG wOODBRIDGE SUBDIVISION "pn i H9TREET,�)STE ei{aZ•AME5,IwNA g;.010 _________ _____�___ ,. '�,3! 1-$rsur�r turw orz�n^ ryTi FAx 515:?3`3-♦�tU3 i.KIE3 �r I4a:p�t.� DATE" �.�/I-0dt.S PAGE I of 1 Mt ncama rKara3 man ee rmt.«erg it,kWo EXHIBIT B FRACTIONS FOR ASSESSMENTS Lots and Fractions: Lot No. Owner Fraction Lot 1 Marguerite Sevde, Trustee of Richard H. Sevde 300/1200 - — - - ---Residuary Trust and-Randy Sevde and Karin Sevde - As Trustees of the Marguerite Sevde Irrevocable Trust Agreement Dated December 4, 1997 Lot 2 Same 600/1200 Parcel A Cyclones Hospitality, LLC 300/1200 9