The URL can be used to link to this page

Home My WebLink AboutA014 - Declaration of Easements dated April 20, 2017 Instrument 0: 2017-03883 04/28/2017 03:56:49 PM Total Pages: 7 EASE EASEMENTS Recording Fee: $ 37.00 Stacie Herridge, ecorder, Story County Iowa Mill K Il j QXV 11 A&LINC!' 10111111 DECLARATION OF EASEMENTS Preparer Information: (name, address and phone number) Lisa R. Wilson Wilson Law Firm, P.C. 475 Alice's Road, Suite A Waukee, Iowa 50263 (515) 369-2502 Return Document To: (name and complete address) Lisa R. Wilson Wilson Law Firm, P.C. 475 Alice's Road, Suite A Waukee, Iowa 50263 (515) 369-2502 Declarants: The Irons, L.L.C. and Ames Golf and Country Club a/k/a Ames Golf& Country Club Legal Description: Lots 7, 8, 9, 15, 16, 17, 18, 20 and 35 in The Irons, an Official Plat, Story County, Iowa DECLARATION OF EASEMENTS This Declaration of Easement (this "Declaration") is made as of the p�7day of AO , 2017, by The Irons, L.L.C., an Iowa limited liability company ("Irons") and Ames Golf and Country Club a/k/a Ames Golf& Country Club, an Iowa corporation ("Club") (collectively"Declarants"). RECITALS A. Irons is the owner of real property in Story County, Iowa, legally described as follows: Lots 1 through 34 in The Irons, an Official Plat, now included in and forming a part of Story County, Iowa("Irons Property"). B. Club is the owner of real property in Story County, Iowa, legally described as follows: Lot 35 in The Irons, an Official Plat, now included in and forming a part of Story County, Iowa("Club Property"). C. To comply with City and County requirements in connection with the final plat of The Irons, the Declarants desire to establish certain easements over their respective properties for the benefit of their properties, The Irons and any future owners. DECLARATION NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Declarants hereby declares as follows: 1. Definitions. All capitalized terms used in this Declaration shall, unless otherwise defined elsewhere in this Declaration, have the following meanings: "City"means the City of Ames, Iowa. "Owners "means the record titleholder(s) of Lots 7, 8, 9, 15, 16, 17, 18, 20 and 35. "Lots "means Lots 7, 8, 9, 15, 16, 17, 18, 20 and 35 after the filing of record of the final plat of The Irons. "Permittees" means any tenant(s) or occupant(s) of a Lot, or any portion thereof, and the respective guests, vendors, licensees, invitees, customers, contractors and agents of the Owner of such Lot, or portion thereof, and such tenant(s) or occupant(s). 2 2. Grant of Grant of Storm Sewer Easement. As to their respective properties, Declarants hereby establish a perpetual, non-exclusive easement for storm sewer, across and through the property set forth in Exhibit "A", attached hereto and made a part hereof, for the purpose of installing, repairing, replacing and maintaining storm sewer. 3. Grant of Septic Easement. Irons hereby establishes a perpetual, non-exclusive easement for septic, across and through the property set forth in Exhibit`B", attached hereto and made a part hereof, for the purpose of installing, repairing, replacing and maintaining septic. 4. Maintenance. The owner or occupant of the Lot shall keep and preserve that portion of the easement areas within his property in good repair and condition at all times. All maintenance shall be prosecuted in such a manner that it does not adversely affect the use of the easement areas by the owners and their permittees. 5. Erection of Structures Prohibited. No Owner shall erect any fence or other structure, or cause or permit any obstruction, planting or material to be placed under, over, on, through, across or within any of the easement areas without obtaining the prior written consent of the City or Story County. 6. Right of Access. The Owners shall have the right of access to the easement areas and have all rights of ingress;egress and access reasonably necessary for the use and enjoyment of the easement areas from property adjacent thereto as herein described, including but not limited to,the right to remove any unauthorized fences, structures,obstruction,planting or material placed or erected under, over, on, through, across or within the easement areas. 7. Restoration of Property. The Owners shall restore the easement areas after exercising his/her rights hereunder to a condition substantially similar to that prior to any construction, reconstruction, replacement,repair or maintenance thereof. 8. Enforcement. Any Owner may enforce this Declaration against another Owner by seeking injunctive relief, specific performance or any other remedy available at law or in equity. In the event of litigation to enforce or interpret the terms of this Declaration, the prevailing party shall be entitled to recover its costs of litigation, including, without limitation, reasonable attorney's fees. 9. No Merger. It is expressly understood and agreed that the easements, rights and privileges granted and conveyed herein shall never be extinguished by reason of the fact that the legal or beneficial title to the entirety of the Property (or any interest therein or part thereof), as the case may be, is or may be vested in the same person or entity. 10. Binding Effect; No Public Grant. This Declaration shall run with the land, and shall inure to the benefit of, and be binding upon, the parties hereto and their successors and assigns. The easement rights and dedications created hereby are not for the benefit of the public generally and nothing herein shall be construed as a dedication to the public. 3 11. Amendment. Any change or amendment to this Declaration shall be effective only if it is in writing and signed by the Declarants and the City and Story County. 12. Waiver. Any failure, forbearance, delay or omission to exercise any rights under this Declaration in the event of a breach of any term of this Declaration shall not be deemed to be a waiver by any party of such term or any subsequent breach of the same or any other term, or of any rights of any party under the terms of this Declaration. 13. Severability. If any provision of this Declaration, or the application of it to any circumstance, is found to be invalid, the remainder of the provisions of this Declaration, or the application of such provision to other circumstances than those to which it is found to be invalid, as the case may be, shall not be affected. IN WITNESS WHEREOF, this Declaration has been made effective as of the date first above written. THE IRONS, L.L.C. an Iowa limited liability company By: (L Chri opher Gar anager STATE OF IOWA ) SS: COUNTY OF ) This instrument was acknowledged before me on this��day of , 2017, by Christopher Gardner, Manager of The Irons, L.L.C. {� �s JILL D.SMITH Notary Pu is in and for the State of Iowa : Commission Number 75E46o MY Commission Expires owa � 27 4 AMES GOLF AND COUNTRY CLUB A/K/A AMES GOLF & COUNTRY CLUB an Iowa corporation By: Its: STATE OF IOWA ) SS: COUNTY OF ) This instrume t was acknowledged be re me on this day of �`? r 2017,by �a' f i b"k,+he i Ct (2 of Ames Golf and Nuntry Club a/k/a Ames Golf& Country Club. WIT,- p AL DILL®. SMITHCommission Tlumber 758460 Notary P isin and for the State of Iowa My Cof �� CDIP@S 5 EXHIBIT"A" A PART OF LOT 35,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS A 15.00 FOOT WIDE EASEMENT BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: BEGINNING AT THE NORTHEAST CORNER OF LOT 28, SAID THE IRONS;THENCE NORTH 61014'11"EAST, 10.00 FEET; THENCE NORTH 38°44'52"EAST,291.58 FEET; THENCE NORTH 14031'10"WEST, 131.78 FEET TO THE POINT OF TERMINUS. AND A PART OF LOTS 7 THROUGH 9,20,AND 35,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS A 15.00 FOOT WIDE EASEMENT BEING 7.50 FEET ON EACH SIDE OF THE FOLLOWING CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 20;THENCE NORTH 0°06'48" WEST ALONG THE WEST LINE OF SAID LOT 20,A DISTANCE OF 16.31 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 65'15'17"EAST, 3 8.65 FEET TO THE SOUTH LINE OF SAID LOT 20;THENCE NORTH 89°47'33"EAST ALONG THE NORTH LINE OF SAID LOTS 7 THROUGH 9,A DISTANCE OF 380.93 FEET TO THE NORTHEAST CORNER OF SAID LOT 9; THENCE NORTH 89047'33"EAST, 5.00 FEET; THENCE NORTH 73°21'50"EAST, 102.37 FEET TO THE POINT OF TERMINUS. 6 EXHIBIT"B" THE EAST 15.00 FEET OF THE WEST 40.00 FEET OF LOTS 15 THROUGH 18, THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA. AND A 30.00 FOOT WIDE EASEMENT BEING A PART OF LOT 35 WHOSE SOUTHWEST LINE IS COINCIDENT WITH THE NORTHEAST LINE OF LOTS 23 THROUGH 30, THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY, IOWA AND A PART OF LOT 35,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 20, SAID THE IRONS; THENCE NORTH 0006'48"WEST ALONG THE EAST LINE OF LOTS 20, 19,AND OUTLOT `Y', SAID THE IRONS, 127.75 FEET; THENCE NORTH 89'53'15"EAST,30.00 FEET; THENCE SOUTH 0006'48"EAST, 127.71 FEET TO THE NORTH LINE OF LOT 8, SAID THE IRONS; THENCE SOUTH 89047'33" WEST ALONG SAID NORTH LINE, 30.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 3,832 SQUARE FEET. AND THE SOUTH 5.00 FEET OF THE EAST 51.34 FEET OF LOT 17,THE IRONS, AN OFFICIAL PLAT IN STORY COUNTY,IOWA. AND THE NORTH 5.00 FEET OF THE EAST 51.34 FEET OF LOT 16,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA. 7