HomeMy WebLinkAboutA019 - Correspondence regarding Driveway Easement Grant Diane R Voss/COA To Doug Marek/COA@COA
07/18/2008 10:39 AM cc
bcc Diane R Voss/COA
Subject Driveway EAS-for Woodbridge-Subdivision
- -
Doug:
The EAS has been returned after being recorded. The fee was$47.00.
ou
�were;going to-send-a:letter�to Fox:Engineering requesting-that'they-pay the—fee since it was not `7-
�Yec ith t eabther Final Plat does
Diane Voss, City Clerk/Records Manager
P. O. Box 811
Ames, Iowa 50010
(515)239-5105
515 Clark Avenue,P.O.Box 811
Q,ingpeopk _ Ames,IA 50010
Q,e�.ty �ptinna[servue JR- � Phone: 515-239-5105
Fxce
Fax: 515-239-5142
July 11, 2008
Ms. Susan VandeKamp
Story County Recorder
P.-O. Box 55
Nevada, Iowa 50201
Dear Sue:
Please record the following-named document and return same to the City Clerk's Office.
Driveway Easement Grant between Marguerite Sevde, et al, and Cyclones Hospitality,
LLC
in association with Final Plat approval for Woodbridge Subdivision.
If you have questions,please call me.
Sincerely,
Diane Voss
City Clerk
/dry
Enclosure ' AS
q4
Space above for recording data
Prepared By/Return To:Craig R.Hastings,Att'y at Law,409 Duff,PO Box 1794,Ames,IA 50010(515)232-2501
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:
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 1. 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 11. 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.
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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, boolckeeping 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 detemained according to
the following forniula. 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 field 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 Annual 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
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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 successful.party shall be entitled to receive reasonable
attorney fees and costs as permitted 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 terms 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 make such reasonable rules and regulations and to provide such means and to
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einploy 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
tenninate this Grant) excluding and acknowledging 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 terminated without the written consent
of the City of Ames, Iowa.
3. All of the provisions of this Grant shall be deemed to be covenants
running 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 teens 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 terns 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
ByeA
orf
Margueri Sevde, Trustee
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on a$V, 2008 by MARGUERITE
SEVDE as TRUSTEE of THE RICHARD H.SEVDE RESIDUARY TRUST.
Sign name here
�o JON FL LOWMAN n t name here p v. Z L O W
COMM1881M Number 148277 Nota ublic in and for said State and County
Vmlwdedw Expires
Marguerit S r cable Trust Agreement Dated December 4, 1997
R 4Scvd
de, Trustee
Byr I
Karin e, Trustee
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on 12008 by RANDY SEVDE
and KARIN SEVDE as TRUSTEES of THE MARGUERITE SEVDE IRREVOCABLE TRUST
AGREEMENT DATED DECEMBER 4, 1997.
o LP JON R.LOWMAN Sign name here � .
Commission Number 148277 Print name here
oww c y _ Expires Not Public n and for said State and County
6
Cyclones Hospitality, LLC
By n IGf al W Prl�,e 1 ,
STATE OF ��x(A� ,COUNTY OF (01,,S )
This�in�s(rument was acknowledged before me on &r 1 ,2008 by lk a
HOSPITALITY,LLC. 6Y�h�� of CYCLONES
Sign name here _
Print name here Dahyuthla 1 tJ Pate
Notary Public in and for said State and County
Subscribed and sworn before me
this —day of jaaLL
;�i:'•""Pic•_ ROBBIE MONICA BARBOSA
MY COMMISSION EXPIRES
*: *= August 5,2008
Pi"!N-Icl'ry Public
7
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SURVEY DESCRIPTION - WOODBRIDGE SUBDIVISION:
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19 BUILDING SETBACKS:
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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
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