HomeMy WebLinkAboutA014 - Access Easement dated April 28, 2010 Y
.il�Instrurent•2010- 00004266
0 Date:Kay 1292010 02:09:55P
y
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Filed for record in Story County• Iowa
Susan L. Vande Kamp, County Recorder
8 P A C E A B O V E R E 8 E R V E D F O R O _F F I C I A L U 8 E
Legal description:See pages I and 2
Return document to:U Feilmeyer,Attorney at law,P.O.Box 664,Ames,IA 50010-515-232-0732-&a�singerlawcom
Document pr�ared by:FJ.Feilmever,Attorney at law,P.O.Box 664,Ames,IA 50010-5 15-2324732-fi t a ingerlaw c:om
ACCESS EASEMENT
Know ALL PERsoNs: This is an easement reservation made and given by R. Friedrich and Sons,
1m,a business corporation organized and existing under the laws of the State of Iowa, with principal of-
fices now located at 619 E. Lincoln Way, in Ames, Story County, Iowa(hereinafter-Owner"), upon the
following terms and conditions:
1. CIRCUMSTANCEs & PURPOSE. Owner has subdivided and platted certain adjacent lands herein.
Owner wishes to provide for common access points from the adjacent public rights-of-way(now
known as Lincoln Way)through the Easement Areas described herein to provide a common path
for ingress and egress.
2- EASEMENT FOR THE BENEFIT OF LOT I IN FRIEDRICH'S COMMERCIAL ADDITION. Owner hereby reserves
for Owner and to Owner's successors and assigns,for the benefit of and appurtenant to:
Lot 1 in Friedrich's Commercial Addition,Ames,Story County,lows
(hereinafter"Tract I")for the uses and upon the conditions hereinafter recited,the perpetual right
to enter upon the land(collectively the"Easement Areas")described as follows:
The West 35 feet of Lot I in Second Addition, Friedrich's Commercial Subdivision,
Ames,Story County,Iowa.
3. EASEMENTS FOR THE BENEFIT OF SECOND ADDITION, FRIEDRICII'S COMMERCIAL SUBDIVISION. Owner
hereby reserves for Owner and to Owner's successors and assigns,for the benefit of and appurten-
ant to:
Lots 1, 2, and 3 in Second Addition, Friedrich's Commercial Subdivision, Ames,
Story County,Iowa
(hereinafter"Tract 2")for the uses and upon the conditions hereinafter recited,the perpetual right
to enter upon the land(collectively the"Easement Areas")described as follows:
The West 35 feet of Lot 1;
The South 62.5 feet of Lot 1;
The North 30 feet of the South 178 feet of Lot l;
The South 62.5 feet except the East 150 feet of Lot 2;
The West 30 feet of the East 150 feet of Lot 2;
The North 30 feet of the South 178 feet except the East 150 feet of Lot 2;
FJFiv2DIOM8113807 PASLEY & SINGER LAW FIRM, L.L.P.
AME9, IOWA
INGRESS-EGRESS EASEMENT Page 2
The South 24 feet of the North 135 feet except the East 150 feet of Lot 2;
The South 62.5 feet of Lot 3;
The North 30 feet of the South 178 feet of Lot 3;
The South 24 feet of the West 298.97 feet of Lot 3;
The North 24 feet of the South 328.96 feet of Lot 3;
ALL IN Second Addition, Friedrich's Commercial Subdivision, Ames, Story
County,Iowa.
4. EAsutElrr UsEs. Owner reserves a perpetual easement within, over, upon, across, and under the
Easement Areas specified. The casement is for the purpose of ingress to and egress from Tract 1
and Tract 2. The easement is also for the purpose of constructing, reconstructing, repairing,oper-
ating, using, and maintaining a driveway. The easement rights reserved are for Owner and for
Owner's respective successors and assigns of Tract 1 and Tract 2. Owner and Owner's successors
and assigns of Tract 1 and Tract 2 shall not obstruct or impair the use by the Owner and Owner's
successors and assigns of Tract I and Tract 2 of the respective Easement Areas.
5. CITY APPROVAL City approves the cross-easements herein as satisfying City's condition for build-
ing and occupancy permits and zoning approval. Owner agrees for Owner and for Owner's suc-
cessors and assigns that the easements described herein shall not be released, terminated, or the
uses materially diminished without the consent of City.
6. INTERPRETATION. Words and phrases used in this instrument shall be construed as in the single or
plural number,and as masculine, feminine or neuter gender,according to the context. This instru-
ment shall be governed exclusively by and construed in accordance with the laws of the State of
Iowa. The paragraph headings in this instrument are for convenience only and in no way define or
limit the scope or intent of any provisions of this instrument.
IN WrrNs OF Tuts INSTRUSIF.NT, Owner has executed this Instrument on the da
y ay of
��- 12010.
R.FRIEDRICH AND SONS, INC.
7
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By: ,
&,e�Z-
KurtW. Friedrich,Pre Ident/Secretary
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on the V day of ,2010 by
Kurt W.Friedrich as president and secretary of R.Friedrich and Sons, Inc.
ApOAL s� FRANKLIN J.FEILMEYER
Z � COMMISSION NO.161389
• MY COMMISSION E VIRES
low" JULY 16 201v JNVTAARY PU IC
APPROVED AND ACCEPTED On the L day of 4p, ( ,2010:
�
CITY OF AMES,IOWA
By:
J n Joiner, Direc r,
Public Works
F9,-2010042811397 PASLEY & SINGER LAW FIRM, L.L.P.
AMES, IOWA