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Home My WebLink AboutA008 - Cross-Access Easement Agreement °o f o Instrurent:2014- 00001689 Date:Mar 0712014 03:30:06P �, ✓d D Rec Fee: 20.00 E-Cow Fee: 1.00 o g- Aud Fee: .00 Trans Tax: .00 - Rec Management Fee: 1.00 Non-Standard Page Fee: .00 HFiled for record in Story County, Iowa !ZQ, Susan L. Vande Kara, County Recorder zx � ,W �N w w cv INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010(515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 CROSS-ACCESS EASEMENT AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: THIS CROSS-ACCESS EASEMENT AGREEMENT (this "Agreement") is hereby made and given by and between Friedrich Land Development Company,L.L.C.(the"Friedrich"),the City of Ames,Iowa (the"CLAY'), and the owners of Lots One(1)through Twelve(12),Outlot A, and Outlot B (collectively,the `'Lot Owners"), all contained in Ringgenberg Park Subdivision Fourth Addition, Ames, Story County(the "Subdivision")(Friedrich,the City,and the Lot Owners are sometimes hereinafter referred to collectively as the"Parties"or individually as a"PaEff'),upon the following terms and conditions: 1. LOT OWNERSHIP. Friedrich is the current titleholder of Lots One(1)through Twelve(12), Outlot A,and Outlot B(each a"Lot"and collectively the"Lots")within the Subdivision,all as showia on the Final Plat of the Subdivision as recorded in the office of the Recorder of Story County,Iowa,on the r1ay of Mar�b ,2014,as Instrument No.14- () I to 9 1—. 2. EASEMENT PURPOSE. The Lots are adjacent to each other and are connected by common drives. The Parties wish to provide for a right of access across the Lots and to and from the adjacent public right-of-way(now known as Cedar Lane)through the Easement Area(as defined herein)to provide a common path for ingress and egress among and between the Lots. 3. EASEMENT FOR THE BENEFIT OF THE LOTS. Friedrich and the Lot Owners,as the case may be,hereby grant to the City and the Lot Owners,as the case may be,and their successors and assigns,for the benefit of and appurtenant to the Lots and for the uses and upon the terms and conditions provided in this Agreement, the perpetual right to enter upon that portion of the Lots (collectively, the "Easement Area") described as follows: a. The South twenty(20)feet of Lot One(1),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa; b. The South twenty(20)feet of Lot Two(2),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa, and that part of Lot(2), Ringgenberg Park Subdivision Fourth Addition,Ames, Story County, Iowa lying West of the following line: Beginning at a point twenty (20) feet North and twenty (20) feet East of the Southwest Corner thereof; thence N00°55'57"W, 69.48 feet, parallel with, and twenty(20) feet East of the West line of Lot Two(2);thence N15°03'33"E, 145.19 feet,to a point sixty(60)feet East of the West line of Lot Two (2); thence N00°55'57"W, 83.47 feet to the North line of Lot Two(2), and there terminating; C. That part of Lot Three (3), Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa lying East and North of the following line:Beginning at a point on that part of the East line of Lot Three (3) which abuts the West line of Lot Two (2), said point being 143.78 feet South of the Northeast Corner thereof,thence S 15°03'33"W,72.60 feet to a point twenty(20) feet West of the East line of Lot Three (3); thence S00°55'57"E, 114.43 feet, parallel with and twenty(20)feet West of said line,and said line extended,to a point twenty (20) feet South of the North line of that part of Lot Three(3)which abuts the South line of Lot Two(2);thence easterly,parallel with and twenty(20)feet South of the North line of Lot Three(3),to the East line thereof,and there terminating; d. The North twenty(20)feet of Lot Four(4),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County, Iowa; e. The North twenty(20)feet of Lot Five(5),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa; f. The North twenty(20) feet of Lot Six(6),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa; g. The North twenty(20)feet of Lot Seven(7),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa; h. The North twenty(20)feet of Lot Eight(8),Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa; i. The South twenty (20) feet of Lot Twelve (12), Ringgenberg Park Subdivision Fourth Addition,Ames, Story County, Iowa; j. The South twenty (20) feet of Outlot A, Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa;and k. The North twenty (20) feet of Outlot B, Ringgenberg Park Subdivision Fourth Addition, Ames, Story County,Iowa. 4. EASEMENT USES. The Parties hereby reserve a perpetual easement within,over,upon,across, and under the Easement Area for the purpose of ingress and egress to and from the Lots. The easement rights reserved in this Agreement shall also be for the purpose of constructing,reconstructing,repairing,operating, using, and maintaining any ingress and egress routes and ensuring adequate internal vehicular circulation between the Lots within the Easement Area. The easement rights reserved in this Agreement are for the benefit of the Lot Owners and the City,as applicable, and each of their respective successors,assigns,and subsequent titleholders of the Lots. None of the Parties,nor any of the successors and assigns thereof,shall obstruct or impair the use of the easement rights reserved and granted herein on the Lots within the Easement Area. Nothing in this Agreement shall obligate a Party to construct,reconstruct,repair,or maintain any portion of the Easement Area on the property of any other Party. 2 5. CITY APPROVAL. This Agreement is entered into between the Parties to satisfy certain subdivision and zoning requirements of the City as a condition for the issuance of building and occupancy permits and for other related approvals. The Parties, and their successors and assigns,hereby understand, acknowledge, and agree that the rights granted herein shall not be released or terminated without the prior written consent of the City. 6. NONEXCLUSIVE EASEMENT. The rights granted under this Agreement to the Parties are not exclusive. This Agreement shall not preclude the Parties from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this Agreement. 7. RIGHTS RESERVED. The Parties reserve any and all rights to continue to use and enjoy the Lots for any and all purposes that do not unreasonably interfere with or interrupt the enjoyment of the easement rights as referenced herein. 8. INTERPRETATION. Words and phrases used in this Agreement shall be construed as in the single or plural number, and as masculine, feminine or neuter gender, according to the context. This Agreement shall be governed exclusively by and construed in accordance with the laws of the State of Iowa. The paragraph headings in this Agreement are for convenience only and in no way define or limit the scope or intent of any provisions herein. 9. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior statements,representations,promises,and agreements,oral or written. No addition to or change in the terms of this Agreement shall be binding upon the Parties unless it is expressed in a writing signed by the Parties and subject to Paragraph 5 herein. 10. EourrABLE RIGHTS OF ENFORCEMENT. The rights granted herein may be enforced by restraining orders and injunctions, temporary or permanent, prohibiting interference and commanding compliance. Restraining orders and injunctions will be obtainable on proof of the existence of interference or threatened interference,without the necessity of proof of inadequacy of legal remedies or irreparable harm, and will be obtainable only by the Parties to,or those benefited by,this Agreement;provided,however,that the act of obtaining an injunction or restraining order will not be deemed to be an election of remedies or a waiver of any other rights or remedies available at law or in equity. 11. COUNTERPARTS. This Agreement may be executed in any number of counterparts,each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument,and in making proof hereof,it shall not be necessary to produce or account for more than one such counterpart. IN WITNESS OF THIS AGREEMENT the Parties have executed this Agreement as of the dates set forth below. FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. By: 2_ urt W. Friedrich,Manager STATE OF IOWA, STORY COUNTY, ss: 3 r Y This record was acknowledged before me on thiscjday of February,2014,by Kurt W.Friedrich,the Manager of Friedrich Land Development Company,L.L.0 , CASSIE JO WRIGHT (�NAI 9 W A Cornmiaommbsbn Plumber 778276 Notary Public, State of low °w MY m on Exotres My commission expires CITY OF AMES,IOWA By. John,Joiner,Dire for of Public Works ST2kTE,OF IJWA, STORY COUNTY, ss: v: This record was acknowledged before me on this`5 day of February, 2014, by John Joiner, the bireclor of_Public Works of the City of Ames, Iowa. Notary Public, State of Io a My commission expires oNOW.P Jill L. Ripperger a � Commission Number 146549 ik * My Commission Expires iow� 3-19-/5 4