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HomeMy WebLinkAboutA003 - Easement Agreement dated August 24, 2015 nstruae -nt'2015 00009279 Date:Sev 23r2015 01:56:55P D Rec Fee: 35,00 E-Car Fee: Aud Fee: .00 Trans Tax: 1.00 Rec ltana9eaent Fee: 1.00 .00 Non-Standard Page Fee: ,00 Filed for record in Story count.00 Iowa Stacie L. Nerridser County Recorder S 'P A C 'Z A BOY E A E ,S E R V E D F O_ R O F F i C I 'X L `, YJ'S E Return document to:Vrtona A Feihneyrr,1*6 Buckeye Ave.,Ste.zoo,Ames,IA 50010-8o-fo Document prepared by:Victoria A Fcilmey m.1416 Buc ww Ave.,Ste.zoo,Ames,IA 5ooio-8ago-(515)956-39i5 Easement Agreement THIS IS AN AGREEMENT made by and between Grantor and Grantee for valuable consideration in hand paid and acknowledged upon the following terms and conditions: 1 DEFINITIONS. When used in this agreement,unless otherwise required by the context: 1.1 "Grantor" means GD Lincoln Way, LLC, a Delaware limited liability company, and includes Grantor's successors and assigns. 1.2 "Grantee"means Cyclone Inns,LLC,(a/k/a Cyclone Inns LLC)a Delaware limited liability com- pany,and includes Grantee's successors and assigns. 1.3 "Benefitted Property"means the real property described as follows: Lot 1,University Towers Subdivision,First Addition to Ames,Story Coun- ty,Iowa. 1.4"Easement Area"means the tract of land as shown in the attached easement plats and described as follows: A part of Parcel AB located in Lots 2 and 5 in Parker's Addition to Ames, Story County,Iowa,more particularly described as follows: Beginning at the Southeast corner of said Parcel AB,as appears in the Plat of Survey recorded In Instrument no. 2014-00000553 in the Office of the Recorder, Story County, Iowa; thence Southwesterly 37.19 feet along the are of a 730.84-foot radius curve, concave Northwesterly, having a chord bearing and distance of S 75°00 '41 "W 37.18 feet,being along the South- erly Line of said Parcel AB; thence N 0 ° 29 ' 30 " W 78.34 feet; thence N 89 °30 '30 " E 36.00 feet to the East Line of said Parcel AB; thence S 0° 29 '30"E 69.03 feet along said East Line to the Point of Beginning AND A part of Parcel AC located In Lot 2 in Parker's Addition to Ames, Story County,Iowa,more particularly described as follows: Beginning at the Northeast corner of said Parcel AC,as appears in the Plat of Survey recorded in Instrument No. 2014-00000554 in the Office of the Recorder, Story County, Iowa; thence Southwesterly 37.19 feet along the arc of a 730.84-foot radius curve, concave Northwesterly, having a chord bearing and distance of S 75°00 ' 41 " W 37.18 feet, being along the Nor- therly line of said Parcel AC; thence S 0 ° 29 ' 30 " E 49.19 feet to the Southerly line of said Parcel AC; thence N 77° 19 ' 13 "E 21.79 feet along said Southerly line; thence Northeasterly 15.07 feet along the arc of a 768.30-foot radius curve, concave Southeasterly, having a chord bearing 1 2 and distance of N 76°45 '04 " E 15.07 feet,being along the Southerly line of said Parcel AC,to the Southeast corner of said Parcel AC; thence N 0° 29 130"W 50.57 feet along said East line to the Point of Beginning. 1.5 "Agreement"means this instrument as signed by the parties thereto. 2 CIRCUMSTANCES. Grantee is in the process of developing the Benefitted Property and has requested from Grantor an access easement allowing Grantee direct access from Chamberlain Street to a parking structure on the Bcncfitted Property. 3 EASEMENT CREATED. Within the Easement Area, Grantee shall have the perpetual right of ingress and egress over,under,through,and across the Easement Area between adjacent public rights-of-way and the Benefitted Property, together with a perpetual right to construct, reconstruct, operate, use, maintain and repair a driveway. 4 OBSTRUCTIONS PROHIBITED. Grantors, as the fee simple owners of the underlying real estate, and Grantors' successors and assigns, shall not erect or place within the Easement Area any building or other structure or improvement or any trees, shrubs or other landscape plantings other than grass or comparable ground cover except with the prior written consent of the Grantee. Grantee shall have the right to trim or remove trees and shrubs within the Easement Area. 5 EASEMENT APPURTENANT. The easement rights granted under this Agreement to Grantee shall be appurtenant to the Benefited Property. 6 NoNExct.ustvE EASEMENT. The easement rights granted under this Agreement to Grantee are non- exclusive, and Grantor retains and reserves the right to use the Easement Area(above and below the surface)for all purposes which do not interfere with the use of the Easement Area for the purposes for which the easement rights described herein are granted,such reservation to include,without limitation, the right of Grantor and its employees, agents, contractors, tenants and invitees to use the Easement Area for ingress and egress to and from Chamberlain Street. This Agreement shall not preclude Gran- tor from granting similar easement rights to third parties upon terms and conditions that do not impair or diminish the rights granted under this Agreement to Grantee. 7 INDEMNIFICATION. Grantee shall indemnify Grantor and such Grantor's officers,directors,managers, members,partners,shareholders,employees,agents,successors and assigns,and Grantor's tenants,in- vitees and mortgagees(collectively,the "Indemnitees")harmless from and against any injuries,liabil- ity, losses, damages, costs, or expenses (including without limitation reasonable attorneys' fees and costs)incurred by the Indemnitees as a result of the Grantee's entry onto the property and/or exercise of easement rights granted hereunder,including any entry or actions taken by the Grantee's contractors, agents,employees,tenants,invitees,or any other person or persons acting for or on behalf of Grantee. 8 ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with re- spect to the subject matter thereof 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. 9 SUCCESSORS BOUND. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of all parties executing this Agreement. 10 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 of this agreement. This agreement may be executed in any number of coun- terparts,each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. IN WITNESS OFTHIS AGREEMENT Grantor and Grantee have executed this instrument as follows: (Signature and Acknowledgment Pages Follow) r� 3 GD LINCOLN WAY,LLC By Gilbane Development Compan its Manager Dated the 25 day of Gv�T ,2015 B : SIGN TURE NAME PRINTED TITLE OF AUTIIORIZED SIGNER STATE OFk6j, COUNTY OF 1 r-d V d P r1 C ( 'SS.: This in tr unent was acknowledged befibm me on the day of , 2015, by n -.-I (insert name) - V�tc e o z,jA (insert title) of Gilbane Development Company as manager of GD Lincoln Way,LLC. NOTARY PUBLIC�t ✓mil Comm;ssr'oh P� �1;,lEf��,J6`���' c o �'- 4 CYCLONE INNS,LLC (a/k/a Cyclone Inns LLC) By Gilbane Development Company,its Manager Dated the y day of 1 12015 B SIGNATURE MTT�',,,,,, i_.AW r-e --e, NAME P D (�� �.�- Se,A,, a, \/l c.e `e:STcy rv\ TITLE OF AUTHORIZED SIGNER STATE OFJ2 COUNTY OF Prn Zj'd e r7 C ,SS.: Thi ' trument was acknowledged befo me on thel— d y of , 2015, by u� (jWYL'nLq (insert name) NSdeerf7 Mserf title) of Gilbane Development Company as Manager of Cyclone Inns,L . NOTARY PU13LI tYlrr7 `0���"h 5 LENDER'S CONSENT TO EASEMENT Citizens Bank,N.A.,has an interest in certain Real Property described in the Easement instrument by virtue of a Mortgage dated October 27, 2014, filed October 29, 2014, and recorded as Instrument No. 14- 00009674 in the office of the Recorder of Story County, Iowa. The Mortgagee has been requested to sub- ordinate its rights under said Mortgage to the rights of the Grantee of said Easement, its successors and assigns,under the said Easement instrument and deems it advisable to do so. Now,therefore,the Mortgagee,for good and valuable consideration,agrees that whatever right,title,lien, estate, or interest the Mortgagee now has or may hereafter acquire in said Real Property by virtue of the aforesaid Mortgage,the same shall be subordinate to the rights of the Grantee, its successors and assigns, under the said Easement instrument. In Witness Whereof, the Mortgagee has caused this instrument to be executed on Plvsuy� a� ,2015. CITIZENS BANK,N.A. By: SIGNATURE NAME PRINTED A TITLE OF AUTHORIZED SIGNER STATE OF Nl US• ,COUNTY OF ,SS.: pp"� �,y,t G This instrupp��ent was acknowledged before me on August 2015, by VIU S �1V1 (print name)as >C�110(V 1 CQ. PrM 1 d f rL (print title)of Citizens Bank,N.A. NARY PU L �s F I, PREP Y- ADDLE-GABBER ASSOCIATES INC 16 EAST MAIN STREET P.O.BOX 711 NARSHALLTOWN IOWA 5015E-PHONE 64I-752-6701 PLAT OF SURVEY ACCESS EASEMENT -- -------- ——— —————T--- WCOPNE i.F 24 PARES LA000DN BI FNUdRSAODT10N PEARCCEE CORNER ON Y�� P+reuRS LINCOLN WAY §I 21770 ---- 159.19 Nwca96R --. 1z6DD - '• ' NW C 4` - -SB9515BE - hW COMB 1?ARCREW Y '-5675156E CORNER LOT FOUND 1?FEW NE CORNER PW CEL'C W/YEUDW HASM FOUND CUT 1l'N WCAP i55g5 FOUND 1/?REBAR I11H CAP J6556 ETE ORANGE CAP 117162 XyYt Ld- =Lo� 4 -N Loa' ?O FOUND 1?REHAB W7H ORANGE CAP I57112 �N a `y A'ASKMAN'7 2A \(\0 w A Nr:A ..A.. Vol P00 FGIW LI'PPE g£j FOUND CUTIN CONCRETE D� N W46 G h�2 � •-'„ OD�\��� / / \ash V y` O7 NwWANER:mv FQWDMACNAI SD / FOUND1?BEBOP WITH t'D YELLOW CAP♦ FOUND 3q•PPF H pP6588 INCONOETE \'I51 FOUND GUT 7P 562755IF371 it 6g zW NSIZ116E FOIIID Ir RE W MM FOUND OUT W 9 TBLOW CAP#650 AREA PARCCL "U' , rn NNST NO b'aA $E951M7E 97-07G 72 X 7AORR. 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GINNING �y 2 13 14 - 161.7T Q ' SE CORPOINT NED NiCEl AB' _`" L'ASEMEA'T FONO 1?REBAN ACCESS EASEMENT zN90W�CD'W AREA -S yE11 N0A= *ORANGE CAP#17162 CHMABEF�N 51RE DESCRIPTION ACCESS EASEMENT N PARCEL-AB_ E%ISTTNG PROPERTY EASEMENTS: AN ACCESS EASEMENT LOCATED N PARCEL'AS'LOCATED IN LOTS 2 AND 51N PARKERS ADDITION TO AMES,STORY COUNTY,IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: 12 PARCEL DIMENSIONS.LOCATIONS,AND ACCESS,AS SHOWN ON PLAT OF SURV BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL'AB•,AS APPEARS IN THE PLAT OF RECORDED JULY 22,1977,N BOOK 13,PACE 20 AS NSTRUMENT NO.97-07672 SURVEY RECORDED IN INSTRUMENT N0.2014-WOOD663 N THE OFFICE OF THE RECORDER 13 EASEMENTS,AND RIGHTS INCIDENTAL THERETO AND LOCATIONS THEREOF. ON STORY COUNTY,IOWA,THENCE,SOUTHWESTERLY 37.19 ALONG THE ARC OF A 730.54' PLAT OF EASEMENT RECORDED AUGUST 25.19S7.AS IINSTRUNENT NO.97-091 . RADIUS'CURVE,CONCAVE NORTiME87ERLY.HAVING A CHORD BEM NO AND DISTANCE OF M-01741 W 37.19,BEING ALONG THE SOUTHERLY LINE OF SAID PARCEL*AB';THENCE: 1/ EASEMENTS.AND FIGHTS INCIDENTAL THERETO.OF-ATM N RECIPROCAL Nw2rw W 713E.THENCE,N6rJ W'E 3107 TO THE EMT LINE OF SAID PARCEL-AS-; AGREEMENT DATED AUGUST 14.1997,RECORDED BW WWA 5,19W,AS W WMENT NO. THENCE,80'2rwE S LW ALONG SAID EAST UNE TO THE POINT OF BEGINNING,OOMNNNG 97-MI2. O.OS ACRES(2.66B SOUAFIE FEET).WBUECTTO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. 15 EASEMENT,AND RIGHTS INCIDENTAL THERETO,CREATED IN EASEMENT ADM WENT DATED OWNER OF RECORD:GD LINCOLN WAY.LLC JIVE 9,200k RECORDED JUNE 19,2000.AS INSTRUMENT NO.994011m SURVEY REQUESTED BY:GILSANE DEVELOPMENT COMPANY NOTE: FIELD WORK COMPLETED:429-9016 ALL BEARINGS ARE THE RESULT OF M S. ATgN9. ACCESS EASEMENT GILBANE DEYELOPIAENT COMPANY w MIES,IOWA RN LEGEND; TT I MrWy cwWy VW iNY W4 r*Ygnp do—t wr p1*prad ♦ GOVERNMENT COER MONUMENT FOUND S R.$l W the r*LN*d*MN*y *—p*d0rrrwd by—n-dr 0 GOVERNMENT CORNEA MONUMENT SET W•30• A_P.y\A,LCE � my dN*d P--W W.Wion rd t o 1—■duty Uormad REBAR wAWNGE PLASTIC ID CAP i171B2 R' PrdwMorW Wd S—,-udr 6r W-OFIFr SMM of kwm E PARCEL OR LOT CORNER MONUMENT FOUND AS_r' 1/s3lislur O SET 1?K 3O'REBAR w70RµGE PLA9DC 17162 Trww R.SuwarL PUB d' IN ca-mID CAP 017162 "AM�� 1n IArrrr4 Nwnbr 17162 sm No.INT RECORDED AS SCALE I•-50' PEA/ /OVA Q' My UOIrN RNRWM OwYWD* ,6W31.2016 RWA 1 �� LLANJ� Pap*Or*.m wAmd by VN*W:_ _—_ DATE PROJECT NO. a Sa 9601.1 563i06 ,wwMr.nNa-w�N..r..rw*Nnw.w n..w. W a L PREPARED BY-CLAPSADDLE-OARBER ASSOCIATES HNC 16 EAST MAINS ET P.O.BOX 51 RALLTOWN IOWA 50159-PRONE MI-7526701 PLAT OF SURVEY ACCESS EASEMENT / QP Culp Tabk CUBVEDITA ARCLENGTH RADIO DELTA CNWDBFNYNO CHORD / C I 15or 78830 1-07M 1 N76.45SCE 15 Or 16� /Q / c: 15A.a' na39 12'25'3r sers9arW 153 7r y C3 1677E 7S18f 13-MI' N809T26'E 1673r S / MIN CORMR SINEPARCEL-K FOECONNEA PARCa1( (C0�01�pP9 / :GOg672 FOUND OU D17 BAR (37.541 ANS CONCRETE XAL D��QE50IV� / N/fELLOW PLASTIC FDWD MAC NINEQ.E.Q� SW593rE / j YPWD lY CAP/6588 mCONORETE DO �A�Q' / 5O / / 3g6 2669 �' A3 2 E 11S'('OPAL PARISH / QLcE�02• Q i 0b, ,IML:ti' FOUND /A'!2 N5/'2196'E�=C - 517 FOUND RAND't PIPE f71 N LOK R07672 t'SA� FOUND Il1•AEBAR SBB'SPlzf-.- FOUND ./YELLOW PLASTIC 6369 --.« 'k w9RN16E CAP I17182 CAP 06585 S.U1E ESARARFA'A' S UK FARM-w N LINE ESMT AREA Y - 6A W FOUND P51 \N. 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C2 - CUT V \ WOW GE PLASTIC \ CAPW17162 CNAM(3ERLAIN STRYF,7' \ Sh 1 EXISTING PROPERTY EASEMENTS: \ 12 PARCEL pMENSIONS.LOCATIONS,AND ACCESS,AS SHOWN ON PLAT OF SURVEY10 \ RECORDED JULY 22,10T7,IN BOOK 15,PAGE 20 AS INSTRUMENT NO-97-076". \ : 1] EASEMENTS,AND MOWS INCIDENTAL THERETO AND LOCATIONS THEREOF,SHOWN ON \\ = OAREA ACRES PLAT OF EASEMENT RECORDED AUGUST 25,1 OFF.AS INSTRUMENT NO.97-09107. \ ff 1.791 SO.FT. 1{ EASEMENTS.AND ROWS INCIDENTAL THERETO,CREATED IN RECIPROCAL EASEMENT \ AGREEMENT DATED AUGUST 14,1907,RECORDED SEPTEMBER 5,1997.AS INSTRUMENT NO. \ 97-=12. \ 2AF/ .CA 1S DATED EASEMENT,JJUN2008,RECORDED J NE 1$,2008.AS INSTRUMENT NO.E 06,031 43 AGREEMENT \\\ M 071TE N,R.�g17E I ACCESS EASEMENT I DESCRIPTION ACCESS EASEMENT IN PARCEL-AC' AN ACCESS EASEMENT LOCATED IN PARCEL'AC LOCATED IN LOT 21N PANIERS ADDITION TO AMES,STORY COUNTY.IOWA MORE PARTICULARLY DESCRIBED AS FOUJCII BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL'AG'.AS APPEARS IN THE PUT OF SURVEY RECORDED IN INSTRUMENT NO.2014-00000564 IN THE OFFICE OF THE RECORDER.STORY COUNTY. KCWA:THENCE,SOUTHWESTERLY 37.17 ALONG THE ARC OF A 730.901'RADIUS CURVE.CONCAVE NORTHWESTERLY.HAVING A CHORD BEARING AND O97TANCE OF SM'D I1Y/37-IV.BEING ALONG THE NORTHERLY LINE OF SAID PARCEL'AC';THENCE,SO'2g30'E 40.19 TO THE SOUTHERLY LINE OF SAID PANCEL'AC';THENCE.N7r19i3'E 21.79'ALONG BAR)SOUTHERLY LINE; THENCE.NORTHEASTERLY 15.Or ALONG THE ARC OF A 798.30 RADIUS CURVE.CONCAVE SOUTHEASTERLY,HAVING A CHORD SEAMING AND DISTANCE OF N79'415I 15.0T.BONG ALONG THE SOUTHERLY LINE OF SAID PARCEL'AC'.TO THE SOUTHEAST CORNER OF SAID PARCEL'AC;THENCE,NO23o 9 'W 50.5r ALONG SAID EAST LINE TO THE POINT OF BEGINNING, CONTAININO 0.04 ACRES(1,791 SQUARE FEET).SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,IF ANY. OWNER OF RECORD:GO,LINCOLN WAY,LLC SURVEY REQUESTED BY:GILBANE DEVELOPMENT COMPANY NOTE' FIELD WORK COMPLETED:427.16 ALL BEARINGS ARE THE RESULT OF O.P.S.OBuEFNATIONS. 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