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Home My WebLink AboutA011 - Emergency Access Easement Agreement dated September 13, 2016 �p 0 �, Instru�anF,?01t- 1lililtlgvf o N� 5nM Date:Sep 21t201L 10!A4:35A H a l J Re,- FPP: :,A.no E-Com Fee: 1_<3o - G Aud Fee: .00 Trans Tax: hec Management Fee: 1. 14 !ion-St^ndard Page Fee: , lo 0 Filed for record in Story CounUl Iowa N' Z Stac'e 1— Herrld9er County Recorder <u rl 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 EMERGENCYACCESS EASEMENTAGREEMENT THIS IS AN AGREEMENT made by and between Grantor and Grantee upon the following terms and conditions: 1. DEFINITIONS. When used in this agreement,unless otherwise required by the context: (a) "Grantor" means Wessex, L.L.C., an Iowa limited liability company, whose mailing address for purposes of this Agreement is 105 S. 16th Street,Ames, Iowa 50010. (b) "Grantee" means Hunziker Development Company, L.L.C., an Iowa limited liability company, and includes the successors and assigns thereof, whose mailing address for purposes of this Agreement is 105 S. 16th Street,Ames,Iowa 50010. (c) "Agreement" means this instrument as signed by the parties thereto. (d) "Easement Area" means any and all areas within the Burdened Property used for driveway and/or ingress and egress and/or drive or drive aisle purposes to and/or from University Boulevard. (e) "Benefited Property"means the real property described as follows: Lots One(1),Two(2),Three(3), Four(4),Five(5), Six(6), Seven(7), Eight(8), Nine (9), Ten (10), Eleven (11) and Twelve (12), Village Park Subdivision, Ames, Story County, Iowa (f) "Burdened Property"means the real property described as follows: Units I through 294, inclusive, in Wessex Condominiums, Ames, Iowa, together with all appurtenances thereto, including an undivided fractional interest in the common elements, areas and facilities as determined for said units by the provisions of, and in accordance with, the Declaration of Submission of Property to Horizontal Property Regime for Wessex Condominiums, Ames, Iowa filed in the office of the Recorder of Story County, Iowa, on January 6, 1998, as Instrument No. 98-00183 (and any supplements and amendments thereto). Wessex Condominiums, Ames, Iowa, as presently constituted, is located upon ' � T land described as follows: Lot One (1), Wessex Subdivision, Ames, Story County, Iowa 2. GRANT OF EASEMENT AND RIGHT OF ENTRY. Grantor, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, sells, and conveys to Grantee, the perpetual right to enter upon, over and across the Burdened Property, within the Easement Area, for the purposes of ingress and egress and emergency access, for the benefit of the Benefited Property, together with all other rights and appurtenances thereto. The easement rights granted herein may be terminated by either party upon the written acknowledgement from the City of Ames, Iowa that the Benefitted Property has an alternate route of access for emergency vehicles to serve the Benefitted Property. 3. EASEMENT APPURTENANT. The easement rights granted under this Agreement to Grantee shall be appurtenant to the Benefited Property. 4. EASEMENT RUNNING WITH LAND. The easement granted herein shall be an easement and covenant running with the land and shall inure to the benefit and be binding on the parties hereto and their respective heirs, successors and assigns, including without limitation, all subsequent owners of the Burdened Property and the Benefited Property and all persons claiming thereunder. 5. MAINTENANCE OF EASEMENT AREA. Grantor shall be solely responsible and liable for any and all costs and expenses associated with maintaining the Easement Area. 6. OBSTRUCTIONS PROHIBITED. Grantor, as the fee simple owner of the Burdened Property, and Grantor's 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 obstruction of any kind except with the prior written consent of Grantee. 7. NONEXCLUSIVE EASEMENT. The easement rights granted under this Agreement to Grantee are nonexclusive. This Agreement shall not preclude Grantor 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. 8. TITLE WARRANTY. Grantor warrants to Grantee that Grantor holds the Burdened Property by title in fee simple; that Grantor has good and lawful authority to grant the easement rights herein provided for; and that any prior liens or encumbrances on the Burdened Property will either be released forthwith or will be subordinated to the easement rights granted herein by a duly executed and recorded subordination agreement. 9. RIGHTS RESERVED. Grantor reserves any and all rights to continue to use and enjoy the Burdened Property for any and all purposes that do not unreasonably interfere with or interrupt Grantee's use or enjoyment of the Easement Area. 10. 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. 11. EOUITABLE 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 2 r 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. 12. ATTORNEYS' FEES. If either party retains an attorney to enforce this Agreement, the party prevailing in litigation is entitled to recover reasonable attorney's fees and court and other costs. 13. CHOICE OF LAW, VENUE. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa, without reference to conflicts of law provisions. Both parties hereby submit to the exclusive jurisdiction of the state courts located in Story County, Iowa,or, as the case may be,the federal courts located in Des Moines, Iowa, for any claim relating to this Agreement. Each of the parties irrevocably waives any objection, including, without limitation, any objection to the laying of venue or based on the grounds of forum non conveniens,that it may now or hereafter have to the bringing of such action or proceeding in such respective jurisdictions. 14. 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. 15. ENTIRE AGREEMENT. This instrument constitutes the entire agreement between the parties with respect 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. 16. SEVERABILITY. In the event any provision of this Agreement is held invalid, illegal or unenforceable, in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall continue to be valid and enforceable and if, for any reason, a court finds that any provision of this Agreement is invalid, illegal or unenforceable as written, but that by limiting such provision it would become valid,legal and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 17. CONSTRUCTION. 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. 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 counterparts, each of which shall be regarded as an original and all of which shall constitute but one and the same instrument. 18. NOTICE. Unless otherwise required by law, any notice or demand required or permitted by the terms of this Agreement shall be sufficient and deemed complete when expressed in writing and nentitledthereto, r deposited at an office of the United either (a) personally delivered to the person t e eto, o (b) depos y States Postal Service in the form of certified mail addressed to the last known mailing address of the person entitled thereto, or (c) served on the person entitled thereto in the manner of an original notice under the Iowa Rules of Civil Procedure. Any address for notice may be changed by written notice delivered as provided herein. 19. INDEMNIFICATION. Grantee agrees to indemnify and hold Grantor harmless as to all loss, damage or expense sustained personally by Grantor and as to all liability of Grantor to third persons by reason of damages or injuries to persons or property resulting from Grantee's breach of the terms of this Agreement. Grantor agrees to indemnify and hold Grantee harmless as to all loss,damage or expense -3- sustained personally by Grantee and as to all liability of Grantee to third persons by reason of damages or injuries to persons or property resulting from Grantor's breach of the terms of this Agreement. IN WITNESS OF THIS AGREEMENT Grantor and Grantee have executed this Agreement on thi5U d of September,2016. WESSEX,L.L.C.,Grantor By: an E. Hunziker,Man ger STATE OF IOWA, STORY COUNTY, ss: This record was acknowledged before me on this day of Septe ber, 2016, by Dean E. Hunziker,as a Manager of Wessex,L.L.C. JENNIFER KAPAUN "— CommWilon Number 783061 of Pu in an for the State of Iowa fission Expires My �P� My commission expires j. HUNZIKER DEVELOPMENT COMPANY,,LLC, Grantee By: Robert W. Shirk,'Manager ' By: 6" Charles E.Winkleblack,Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this"day of September, 2016, by Robert W. Shirk and Charles E.Winkleblack,as Managers of Hunziker Development Co any, LLC. s JENNIFER KAPAUN Not ubl' n an or the State of Iowa _ Commission Number 783061 My commission expires i My Commission Expires 4-