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d Date:.ul 25,2013 03:09:02P
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6 Aud Fee: .00 Trans Tax: .00
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Filed for record in Story Countsr Iowa
Susan L. Vande Karon County Recorder
RETURN TO: / Space above for recording data
By: Craig R. Hastings,Att'y at Law,409 Duff,Ames, IA 50010 515 232-2501
EASEMENT GRANT
KNOW ALL PERSONS BY THIS INSTRUMENT that GANNON REAL
ESTATE & CONSULTING, L.C., does hereby establish the following described
easement.
A. ACCESS EASEMENT. An non-exclusive easement for ingress and egress
purposes for the benefit of the owners of both Lot 1 and Lot 2, SE Corner 30-35
Junction Subdivision, Story County, Iowa, over and across the following
easement area:
The North 50' of that part of Lot 1 of SE CORNER 30-35 JUNCTION
SUBDIVISION, Story County, Iowa, abutting the right of way of U.S.
Highway#30, as it exists at the time of platting.
B. GENERAL CONDITIONS. The easement is granted according to the following
terms and conditions.
1. CONSTRUCTION AND MAINTENANCE. The driveway on the
easement area shall be maintained and repaired by both owners as provided in
this section. The owners agree to share equally the costs and expenses of
maintaining the easement area in good repair. Maintenance and repair shall
include filling of chuckholes, adding gravel, and removal of snow and debris.
Maintenance and repair shall not include resurfacing, which shall only be done
with the written consent of both owners. No maintenance or repair costing more
than $1,000.00 shall be done without the written agreement of the parties. It shall
be the responsibility of the owner of Lot 1 to arrange for and superintend any
maintenance or repair, and that owner shall not be reimbursed for that owner's
time in so doing. In the event that owner fails to perform such duties
expeditiously, the owner of the other lot may perform them.
2. LIABILITY AND INSURANCE. Each owner agrees to obtain and
maintain liability insurance insuring their respective interests in the easement and
to share equally in any such liability, except for such liability as may be caused
by the negligence or intentional acts of either party, in which case that party shall
bear the entire liability.
3. ARBITRATION. If any differences shall arise between the owners
as to their rights or liabilities under this Agreement the difference shall
determined by a panel of three arbitrators. One arbitrator shall be selected by
each of the parties. The two arbitrators shall select a third. The decision of the
majority of the arbitrators shall be final as to the contents and interpretation of
this Agreement and as to the proper mode of carrying the decision into effect.
C. NATURE of AGREEMENT. This Agreement and the easement granted shall
be permanent, shall run with the land, and shall be binding upon the parties'
heirs, successors and assigns.
Dated this day of ) 2013.
Gannon al tate & Consulting, L.C.
by �—
Mark Gannon, Manager
STATE OF IOWA, COUNTY OF STORY )
This instrument was acknowledged before me on
Uf Iq , 2013 by MARK GANNON as MANAGER of
GANNON REAL ESTATE & CONSULTING, L.C..
Ell L)
Notary Public irl,J and o said State nd County
'rk9 Craig R. Hastings
* * Commission Number 139821
/Owa My June 26,2016 fires
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