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Home My WebLink AboutA008 - Access and Parking Easement Reservation ems. Instrusent:2015- 00009278 Date:Sep 23Y2015 01:56:05P D Rec Fee: 35.00 E-Coa Fee: 1.00 6/ Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County► Iowa Stacie L. Nerridse, County Recorder SPAC $ A19QVE R E 9 9 RVIICD FOIL _FFICIAL USE' Return document to:VMria A Fcilmcyer,W6 Buckeye Ave,Ste.Zoo,Ames,IA Sow 80)o Document ent prepared by:VictaiaA.Fei}meyer,1*6 Buckeye Ave.,Ste.roo,Ames,IA woio-bow- 5i5)996-W5 _ Access and Parking Easement Reservation Know All persons:This is an easement reservation made and given by Cyclone Inns,LLC(aWa Cyclone Inns LLC),(hereinafter"Owner',upon the following terms and conditions: I Circumstances & Purpose. Owner is the owner and developer of certain adjacent lands described herein. Owner wishes to provide for cross-easements for access to and from Owner's lands and park- ing areas and adjacent public rights-of-way through certain tracts described herein to provide a com- mon path for ingress and egress and to set aside certain area for required parking. 2 Defuddons. As used in this instrument, the following words and phrases shall have the respective meanings set forth as follows: 2.1 "Lot I"means: Lot 1,University Towers Subdivision,First Addition to Ames,Story Coun- ty,Iowa. 2.2 "lot 2"means: Lot 2,University Towers Subdivision,First Addition to Ames,Story Coun- ty,Iowa. 2.3 "Access Easement Area A"means: A part of Lot 2, University Towers Subdivision, First Addition to Ames, Story County,Iowa described as: Beginning at the Northeast Corner of said Lot 2; thence N 89°59 '46"W 99.28 feet along the North Line of said Lot 2; thence S 1 ° 01 '32 " E 15 feet; thence S 89 ° 59 '46 " E 99.31 feet to the East Line of said Lot 2; thence N 01 °07'24"W 15 feet along said East Line to the Point of Begin- ning. 2.4 "Access Easement Area B"means: A part of Lot 2, University Towers Subdivision, First Addition to Ames, Story County,Iowa described as: Commencing at the Southeast Corner of said Lot 2; thence N 01 °07 '24" W 19.23 feet along the East Line of said Lot 2 to the Point of Beginning; thence continuing N 01 °07'24"W 21.00 feet along said East Line;thence S 89 °51 '37"W 132.38 feet to the West Line of said Lot 2; thence S 0 ° 00'31 "E 21.00 feet along said West line;thence N 89°51 '37"E 132.78 feet to the Point of Beginning. 1 Access and Parking Easement P a g e l 2 2.5 "Access Easement Area C"means: A part of Lot 1, University Towers Subdivision, First Addition to Ames, Story County,Iowa described as: Beginning at the Southwest corner of said Lot 1; thence N 0° 29 '30"W 104.62 feet along the West Line of said Lot 1; thence N 89 ° 59 '25 " E 179.75 feet; thence continuing N 89 ° 59 '25 "E 11.89 feet ; thence N 1 ° 01 132"W 163.98 feet to the North Line of said Lot 1; thence S 89 °59 46"E 20 feet along said North Line to the Northeast Corner of said Lot 1; thence S 1 °01 '32"E 189.12 feet along the East Line of said Lot 1;thence S 88°46 '04 "W 3234 feet continuing along said East Line; thence S 0 ° 00 '31 "61.94 feet continuing along said East Line to the Southeast Corner of said Lot 1; thence N 89°57'19" 18.61 feet; thence westerly 161.44 feet along the arc of a 76830-foot radius curve, concave southerly, having a chord bearing and distance of S 83°58'46"W 161.14 feet being along the Southerly Line of said Lot 1 to the Point of Beginning. 2.6"Parking Easement Area D"means: A part of Lot 1, University Towers Subdivision, First Addition to Ames, Story County,Iowa described as: Beginning at the Southwest corner of said Lot 1; thence N 0° 29 '30"W 104.62 feet along the West Line of said Lot 1; thence N 89 ° 59 ' 25 " E 179.75 feet;thence S 0°00'31 "W 25.82 feet to the East line of said Lot 1; thence continuing S 0°00' 31"E 61.94 feet continuing along said East Line to the Southeast Corner of said Lot 1; thence N 89°57 '19"W 18.61 feet; thence westerly 161.44 feet along the arc of a 76830-foot radius curve,con- cave southerly, having a chord bearing and distance of S 83° 58 '46"W 161.14 feet being along the Southerly Line of said Lot 1 to the Point of Be- ginning 2.7 "Easement Areas"means the described easement areas collectively as the context may require. 3 Easements for the Benefit of Lot 1. Owner hereby reserves for Owner and to Owner's successors and assigns,for the benefit of and appurtenant to Lot 1 for the uses and upon the conditions hereinafter recited,the perpetual right to enter upon the land as shown on the attached easement plat and described herein as: 3.1 Access Easement Area A;and 3.2 Access Easement Area B. 4 Easements for the Benefit of Lot 2. Owner hereby reserves for Owner and to Owner's successors and assigns,for the benefit of and appurtenant to Lot 2 for the uses and upon the conditions hereinafter recited,the perpetual right to enter upon the land as shown on the attached easement plat and described herein as: 4.1 Access Easement Area C;and 4.2 Parking Easement Area D. 5 Easement Uses. The easements reserved herein shall be nonexclusive easements for the following purposes: 5.1 Access Easements.The easements on Access Easement Area A, Access Easement Area B, and Access Easement Area C are for the purpose of ingress to and egress from the public right-of-way. The easement is also for the purpose of constructing, reconstructing, repairing, operating, using, and maintaining a driveway accommodating such ingress and egress. 5.2 Parking Easement.The easement on Parking Easement Area D is for the purpose of ingress to and egress from the public right-of-way and for the parking of motor vehicles within the assigned parking spaces located therein. i Access and Parking Easement Page 13 6 Easement Limitations. Owner and Owner's successors and assigns shall not obstruct or impair the use by the Owner and Owner's successors and assigns of Lot 1 and Lot 2 of the respective Easement Areas. 7 City Approval. City approves the easements reserved herein as satisfying City's condition for build- ing and occupancy permits and zoning approval.Owner agrees for Owner and for Owner's successors and assigns that the easements described herein shall not be released,terminated,or the uses materially diminished without the consent of City. 8 Interpretation. Words and phrases used in this instrument shall be construed as in the single or plu- ral number, and as masculine, feminine or neuter gender, according to the context. This instrument 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. 6 I Witness of this Instrument, Owner has executed this Instrument on the � day of &f- ,2015 CYCLONE INNS,LLC (A/K/A CYCLONE INNS LLC) By Gilbane Development Company,its Manager Dated the D day of ,2015 B SIGNATURE LA.,.) NAME PRINTED TITLE OF AUTHORIZED SKiNER STATE OF COUNTY OF SS.: ✓ , Pr7f This i strument was acknowledged before me on the g day o , 2015, by (insert name) nsert title) of Gilbane , Development Company as NOnager of Cyclone Er,LLC. P. NOtARY PUBLI Access and Puking Easement P,a:g e" In W-Itness of this Instrument, City has approved and accepted this Instrument oft-the ,2015 r CITY OF AMES,IOWA By:d., Ann H.Campbell,Mayor Diane R.Voss,City Clerk STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on the day of 2015 by Ann H. Campbell and Diane R Voss as mayor and clerk of the City of Ames,Iowa. NOTARY PUBL C Rippe 1461�! A _ l i Access and Parldng Easement Page 15 LENDER'S CONSENT TO EASEMENT Rockland Trust Company,has an interest in certain Real Property described in the Easement instrument by virtue of a Mortgage dated July 15, 2015, filed July 17, 2015, and recorded as Instrument No. 15- 00006699 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 2015. ROCKLAND TRUST COM7 B : aIGN 'NRE 44�J ak 0-/ . , E lRIN= TITLE OF AUTHORIZED SIGNER STATE OF ,COUNTY OF tl i �,SS.: This instrument w acknowledged before me on August 2, 2015, by3a aCo„ner print name)as I f2'S i�l°Yt'r (print title)of Rockland Trust Company. 44A, C, NOT Y UBLIC Lim ItFo* "0"PW* Stag of Rhode Wald My COme fsion EON B-27-2017 PREPARED BY-CLAPSADDLE-GAPBER ASSOCIATES.tNC.16 FAST MAIN STREET.P.O.BOX 7$4.MARSHALLTOWK.IOWA 50159-PHONE 641-752-6701 PLAT OF SURVEY ACCESS EASEMENT I't�o NE COMO NIN CORKER WTI V FOUND T UR2 FOUND 112"FIEW • IN CONC4 .,tILOW "WOF CAI.6m""C- -------- ------------ N@WW4NFW I&w 6270 1*"%V AREA'A" "'LL�" FOUND I/r POINT x FOUND I-1/4'PIPE---,, Ile jo�6.S FO.UND 1/2'REBOIL Okqa PLASTIC CAP#1716241 ------------ FA --------- 13EW V R C. C f 7 NW5197E-------- POINT CID St 85 3a CORER T2 T FOUND Ift WELLOWPASTIC 6+12' MIPW CHAMBERLAIN STREET CAP#6W P. %CF IN POINT OT COMMDKM4M EXISTING PROPERTY EASEMENTS: 10. EASEMENTS FOR RETAINING WALL AND INCIDENTAL NO IT IN AVOR OF THE CITY OF AMES,IOWA AS CONTAINED IN THE WAY PERMITAND EASEMENT DATED FEBRUARY 3.IWO,RECORDED FEBRUARY 3,iM IN BOOK I DO,PAGE 521, DESCRlFrnON:ACCESS 'IN LOT 2 S EASEMENTS AND MATTERS AS SHOWN ON THE PLAT OF SUFP?EY RECORDED SEPTEMBER 3,2002 A$INST.NO.0213335. AN ACCESS EASEMENT LOT 2.UNNEAS"TOWERS SUSIXMOK FIRST ADENTION TO AMES, STORY COUNTY,IOWA.MORE PARTICULARLY DESCRIBED AS FOLLOWS:13EGINNM AT THE NOFT'HEAST TERMS.CONDITIONS.COVENANTS.RESTRICTIONS,OBLIGATIONS AND CORNER .29 ALONG THE NORTH UNE OF SAID LOT 2;THENCE.. PROVISIONS EASEMENTS, SI.01.32 OF SAID LOT 2.THEINIM fMW48'W 00 AStOCUME E 1&W,THENCE,SWW46-E 90.31"TO THE EAST LINE OF SAID LOT 2:THENCE.NI Vn4W 16.00 DATED DECEMBER 4,2002,RECORDED DECEMBER S.20A _W ALONG SAID EAST LINE TO THE POINT OF BEGINNING,CONTAINING M ACRES(1,400 SOLARE FEET)- NO.02-19710,AS AMENDED BY THAT CERTAIN PARTIAL RELEASE OF SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,IF ANY. EASEMENT AGREEMENT DATED SEF`rEM8ER 27.2013,RECORDED SEPTEMBER 30,2013 AS INSTRUMENT NO.20'3'115"AND RE-RECORDED OCTOBER 2,2013 AS INSTFKAIE14T NO.201311862, DESCRIPTION,ACCESS EASEMENT'S'IN LOT 2 17. TERMS,CONDMONS,OBLIGATIONS AND EASEMENT FOR RETAINING WALL AN ACCESS EASEMENT LOCATED IN LOT 2.UNTYERS"TOWERS SUBDIVISION,FIRST ADDITION TO AMES, AND INCIDENTAL RIGHTS AS CONTAINED INEASEMEKT AGREEMENT DATED STORY COUNTY,IOWA.MORE PARTICULARLY DESCRIBED AS FOLLOWS:COMMENCING AT THE SOUTHEAST JUNE S.2DO8.RECORDED JUNE 10,20DO AS,NffT.NO.05-00M. CORNER OF SAID LOT 2;THENCE,NJ T7Z4-W 12.27 ALONG THE EAST LINE OF SAID LOT 2 TO THE POW OF EASEMENTS,TERMS,CONDITIONS.COVENANTS AND PROVISIONS AS BEGh4NM;THENCE,COWINLANG ND"4W 21.00'ALONG&No EAST LINE;THENCE,SW51W'W 132.3N TO THE WEST LINE OF SAID LOT 2;THENCE,aO*OU31'E 21.00'ALONG SAID WEST UNE;THENCE NW*5137'E CONTAINED IN THE CITY OF AMES ELECTRIC FACILTTEB EASEMENT DATED132.7C 32.7y To THE POINT OF BEGINNING.CONTAINING o.06 ACRES(2,784 SQUARESQUARE FEET).SUBJECT TO JULY 14,2014,RECORDED JULY 25.2014,AS DOCUMENT NO.201440DO8251. EASEMENTS AND RESTRICTIONS OF RECORD.IF ANY. SURVEY PEOUESTED BY:GdUBANE DEVELOPMENT"COMPANY NOTE: FIELDWORN COMPLETED:04-27-15 ALL BEARINGS ARE THE RESULT OF G.P.& ACCESS EASEMENT LOT 2 UNIVERSITY TOWERS SUSOMSION RRST ADDITION AMES,IOWA LEGEND, N I rwby cw*Vw mW IrW swvvoV domvrw$ A GOVERNMENT"CORNER MONUMENT FOUND -W ft I.Ww .W—k—PWIQ..d by M W WIdK "Y dkd pwwnW�qpwvfipiw wW OW I m a dL*j Lbwr�d R & GOVERNMENT CORNER MONUMENT SET Iff x 30' 1w lam d lh-Bbb of Iva BM UIORNING E E PLASTIC 0 CAP#17102 PARCEL OR LOT CORNER MONUMENT FOUND 17162 TrW.R.SWMlt.PLS daft 0 SET I/V x W RESAR WORANGE PLASTIC Iowa UovN NuffAm 17102 DRAWN MKIEF NO. N'CAP 017162 ..PAY U�FMn—W D.W I.D �bw3l.2015 RECORDED AS SCALE 1*-W Ipp"- low by BIM .k INS SHfff RWA! I masm;iiino p"m w*"%cw-W 0 DaSTINa EASEMENT SEE PACE 2 OF 2 0 w PREPARED BY-CLAPSADDLE-QA"EK ASSOCIATES,rNC.16 EAST MAIN SMET,P.O.BOX 754,MARSHALLTOWN,IOWA 501511-PH OKE 641-752-6701 PLAT OF SURVEY ACCESS EASEMENT - '56 lECOR)a LOT 2 NW COFINUF LOT I FOUND 11 FOUND 1/2REBAR SVC" IN CONIC. WfUOW PLASTIC WV,'W4rW OF IIEUMAING) CAP#65K ------ 20.017, 62. SIM46'E- FOUND 1/r FEW $W5 WE- eAAANGE PLASTIC A CAP#17162 FOUND WND I/r RIONA11 e/OPANGEPLASDC',," is FOUND I-UV WE CAP017192 0 AREA 0111 NOWW2VE --------- % ------ in'TV ---- gt? U COPIER=L'OU WOMAN EPLASTIC 'N l-W 132341 CAP 017162 AREA 12 1" -111,," 6.38 ACRIM 880'46ID4W R tart ea n. SE CORO LOT 2 FOUND Irt PONT N@nriWIN, CAP 4"m WIT11OWPLASIX 7 -mirF-- -------- - JIM --------Slr5l'191----- FOUND 1-11rPIPE CHAMBERLAIN STREET 969 aw SWCORNER I FOUND PIPE c PCrI OF...G EXISTING PROPERTY EASEMENTS: 10. EASEMENTS FOR RETAINING WALL AND INCIDENTAL RNGH`r IN FAVOR OF THE CRY OF AMES.KMA AS CONTAINED IN THE RIGHT4)F-WAY PERMrr AND EASEMENT DATED FEBRUARY 3.1 sa,RECORDED FEBRUARY 3,IM IN DESCFUFrnON ACCESS EASEMENT IN LOT I BOOK 100,PAGE 621. AN ACCESS EASEMENT LOCATED IN LOT 1,UNIVERSITY TOWERS SUBDIVISION,FIRST ADDITION TO AMES,STORY 10. EASEMENTS AND MATTERS AS SHOWN ON THE PLAT OF SURVI IY RECORDED COUNTY,IOWA.MORE PARTIICLKAPILY DESCRIBED AS FOLLOWS:BEGINNING AT THE SOUTHWEST COMM OF SAID SEFIFEMSER 3,2002 AS INST.NO.0213335. LOT 1;THENCE,M-.gW'W 104.62 ALONG THE WEST LINE OF SAJD LOT 1;THENCE,NWSM'E 179.7V,THENCE, CONTINUING Nar5M'E IW T104S I ;THENCF NI*01'32WIG&WTOTHEND"UNE OF SAID LOT 1;THENCE, CONDITIONS,COVENANTS.RESTRICTIONS,COUGA AND SOrW46'E 20-W ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID LOT 1:THENCE 81VIWE 189.I2 PROVISIONS THEREOF AS CONTAINED IN THE AGRED"IT FONT EASEMEN'TIS, ALONG THE EAST UNE OF SAID LOT 1:THENCE,SBr411M1W 32M CONTINUING!ALONG SAX)EAST LINE:THENCE DATED DECEMBER 4,2002,RECORDED DECEMBER 6,2D02,AS DOCUMENT 5010011-E61."M,CONnNLmNQ ALONG&ASADEAST UNE TO THE SOUTHEAST CORNER OF SAID LOT 1:THENCE NO.02-19718.AS AMENDED By THAT CEFITAIN PARTIAL RELEASE OF NBB•BTI EASEMENT AGREEMENT DATED SEPTEMBER 27,2313,RECORDED IrW la'al';THENCE WESTEFLY 161.4,V ALONG THE ARC OF A 768-V RADIUS CURVE.CONCAVE SOUTHERLY, SEPTEMBER 30,20M AS INSTPIUMENT NO.2D .1 Ion AND RE-RECORDED HAVING A CHORD BEARING AND DISTANCE OF SWW46'W I SIAW.BEING ALONG THE SOUTHERLY LINE OF SAID LOT 1 OCTOBER 2,2013 AS IN NO.2013T13852. To THE POINT OF BEGINNING,CONTAINING0.47 ACRES,SUBJECT TO EASEUENTS AND RESTRICTIONS OF RECORD, IF ANY. TERMS,CONDITIONS,06"TIONS AND EASEMENT FOR RETAINING WALL AND INCIDENTAL RIGHTS AS CONTAINED IN EASEMENT AGREEMENT DATED CIESCINIFTION CROSS JUKE 0.2000,RECORDED JUTE 10,2000 AS INST.NO,064am A CROSS PAFAQW EASEMENT LOCATED IN7 UNIVERSTIFY TOWERS SUBDIVISION,FIRITT ADDITION TO AMES, STORY COUNTY,IOWA.MORE PARTIC&A.&FILY DESCRIBED AR FOLLOWS:BEGINNING AT THE SOUTHWEST CORNER O EA BEMENm TERMS,coNwIONS.OCIVENAMIS AND PROVISIONS AS OF SAND LOT 1:THENCE,NDVM*W 104.62 ALONG THE WEST LINE OF SAID LOT 1:THENCE,NWWWE 1179.75'; CONTAINED W THE CITY OF AMES ELECTRIC FACILITIES EASEMENT DATED THENrE,90'0031'W 25.87 TO THE EAST UNE OF 8AJCF LOT 1;THENCE,OONTINUINa SU'0031"F 61.94'CONTINUING JULY 14.2014,RECORDED JULY 25.2014.AS DOCUMENT NO.201440008251. ALONG SAID EAST UNE TO THE SOUTHEAST CORNER OF SAID LOT 1:THENCE.NW5rl @'W 18.81%THENCE. WESTERLY lei."ALONG THE ARC OF A 788.30 RADIUS CURVE CONCAVE SOUTHERLY,HAVING A CHORD BEARING AND DISTANCE OF SWw4s-Wj6I.I r,BEING ALONG THE SOUTHERLY LINE OF SAID LOT 1 TO THE POINT OF BEGINNING,CONTAINING 0.38 ACRES.SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD,IF ANY SURVEY PEOU1ZSTFD BY:CULBAKE DEVELOPMENT COMPANY NOTE FIELD WORK COMPLETEDr 04-27-16 ALL BEARINGS ARE THE RESULT OF QP.S,OSSERVATX)NS. ACCESS EASEMENT LOT I UNIVERSITY TOWERS SUBDIVISION FIRST ADCKTION AMES,IOWA LEGEND: N I tweby m'Wy ow wft larld mxvvying dooxrwA r po"m A GOVERNMENT CORNER MONUMENT FOUND ST ..d V.ridded ,-y•.k—pwk..dby—.-d. 4, GOVERNMENT CORNER MONUMENT SET I?X W C myckvd perional itpivvelm wW MW I m a dtdy Uowwod REBAR wg)PANGE PLASM 10 CAP#17162 ProlomalwW Uwd Surv%w ur)dw the k w of to.Stai of k,— 0 PARCEL OR LOT CORNER MONUMENT FOUND1716Z A! 0 SET IfZ x W REBAR WORANGE PLASTIC Twis R.S~,PILS ID CAP#17162 1 �1—Uvomliio Number 17162 RECORDED AS 5 1..w 'Ow My U PPane,"Delis is D-erribor 31,2015 C)DOSING EASEMENT SEE PAGE 2 OF 2 0 PaM w Ommis mwW by#&--e: