HomeMy WebLinkAboutA015 - Access Easement Agreement dated March 18, 2015 IIIIII IIIII Ilf II IIII I IIIII Ill II illl!IIIII IIII IIIII hill II IIII Illll IIII IIIII IIIII if 111 IIII IIII
Document 151452
Book 2015 Page 1452 Type 01 006 Pages 3
Date 4/29/2015 Time 3:24 PM
Rec Amt $17.00
VERONICA A RARDIN, COUNTY RECORDER
BOONE IOWA
Return to: Ames City Clerk,515 Clark Ave.,P.O. Box 811,Ames, IA 50010 (515)239-5262
U(— Preprcr: John D Jordan.615 Story Street.P.O.Box 219.Boone.IA 50036(515)432-4510
ACCESS EASEMENT AGREEMENT
This Agreement is entered into this 18th day of March, 2015,
by John R. Pfeffer and Joan L. Pfeffer, husband and wife
(hereinafter referred to as the "Pfeffers" ) who since November 8,
1971 are the lawful owners of the following described real estate:
Commencing at the NE corner of Section 12 , Township 83
North, Range 25 West of the 5th P.M. , Boone County, Iowa
running thence West along the Section line 383 . 30 feet
to the point of beginning; thence West along the Section
line 221 . 07 feet; thence S02006' 25"E 453 . 35 feet; thence
S8903914811E 221 . 07 feet; thence N02006' 25"W 454 . 65 feet
to the Point of Beginning, containing 2 . 302 acres
(100, 292 square feet) , with 0 .355 acres (15, 475 square
feet) subject to public highway.
Sometimes described as :
Beginning 383 . 3 feet West of Northeast corner of Section
twelve (12) , Township eighty-three (83) North, Range
twenty-five (25) , West of the 5th P.M. , Boone County,
thence West 221 . 07 feet along Iowa, running the g the North
section line, thence South 453 . 35 feet, thence East
221 . 07 feet, thence North 454 . 65 feet, to place of
beginning, except public highway;
"
Hereinafter referred to as the Real Estate" .
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WHEREAS, the Pfeffers are in the process of converting the
Real Estate into a minor subdivision and to this end, they have
submitted a final plat named the Pfeffer Subdivision for approval
from the City of Ames, Iowa and Boone County, Iowa. This final
Plat identifies access easements for Lots 1, 2 and 3 of the Pfeffer
Subdivision, and
WHEREAS, the Pfeffers have, for many years, used a driveway
for access to the business and residential structures located on
our real estate and this driveway has been identified and described
as an access easement in the Pfeffer Subdivision final plat, and
WHEREAS, the Pfeffers want to formally establish an access
easement agreement for the benefit of Lots 1, 2 and 3 of the
Pfeffer Subdivision. We further agree that this driveway shall be
for the joint use of the owners and future owners of Lots 1, 2 and
3 and said owners will use the driveway in such a manner as to not
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deprive the other owners access to their respective properties
from a public road known as West Lincoln Way, and
WHEREAS, we wish to reduce to writing this Agreement so that
it may run with the title to the land and is binding upon the
successors in interest of future owners of Lots 1, 2 and 3, and
WHEREAS, we agree there should be an easement for egr
ess and
ingress access purposes for Lots 1, 2 and 3 and our successors and
assigns, and
WHEREAS, this Access Easement Agreement shall benefit Lots
1, 2 and 3 of the Pfeffer Subdivision which shall allow unfettered
access from all three Lots to a public road now known as West
Lincoln Way, and
WHEREAS, the responsibility for the reasonable cost of
maintenance and repair, including but not limited to snow removal,
grading and the application of asphalt, rock and/or gravel and any
other maintenance that may be required on said easement driveway
shall be as follows : The owner of Lot 1, 80%; the owner of Lot 2,
10%; the owner of Lot 3 , 10% .
NOW, THEREFORE, IN CONSIDERATION OF the mutual covenants and
agreements contained herein, it is agreed as follows :
1 . That the owners of Lots 1 2 and 3 of the Pfeffer
Subdivision, their successors and assigns, are hereby granted an
easement for ingress and egress purposes to the access easement
final lat . An
area identified in the Pfeffer Subdivisionp y
t
conveyance deeds to any of these Lots shall make reference to and
preserve this access agreement .
2 . That the access easement driveway identified in the
Pfeffer Subdivision final plat shall be for the joint and mutual
use of all the owners of Lots 1, 2 and 3 and that each of these
owners, their successors and assigns, will use the same driveway
so as not to deprive the others of access to their respective
properties from the public road.
3 . That the responsibility for the reasonable cost of
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maintenance and repair, including but not limited to snow removal,
grading and the application of asphalt, rock and/or gravel and any
other maintenance that may be required on said easement driveway
shall be as follows : The owner of Lot 1, 80%; the owner of Lot 2,
10%; the owner of Lot 3 , 10% .
4 . This Agreement shall be binding on the parties and their
successors and assigns and shall run with the land.
IN WITNESS WHEREOF, we have signed our names on the date first
written above.
J n R. Pfef/f - Jodn L. Pfeffer
STATE OF IOWA, COUNTY OF BOONE, ss : .
This record was acknowledged before me on 18th day of March,
2015, by John R. Pfeffer.
tipQ' �S, SHERI K REUTTER
x r Commission Number 132546
My Commission EVires
OW 1 June 27,2017
Notary Public
STATE OF IOWA COUNTY OF BOONE ss :
This record was acknowledged before me on 18th day of March,
2015, by Joan L. Pfeffer.
*nV*4
%•L SHERI REUTTER
Commission Number 132546
My commission ExPires
June 27, 2017 Notary Public