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HomeMy WebLinkAboutA018 - Declaration of Ingress/Egress Easement dated April 20, 2017 Instrument N: 2017-03885 04/28/2017 03:56:49 PM Total Pages: 5 EASE EASEMENTS Recording Fee: $ 27.00 Stacie Herridge, recorder, Story County Iowa 116XIMM WWII 11111 DECLARATION OF INGRESS/EGRESS EASEMENT 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 Declarant: The Irons, L.L.C. Legal Description: Lots 33 and 34 in The Irons, an Official Plat, Story County, Iowa DECLARATION OF INGRESS/EGRESS EASEMENT This Declaration of Ingress/Egress Easement(this"Declaration")is made as of the X day of M , 2017, by The Irons, L.L.C., an Iowa limited liability company ("Irons") ("Declarant"). RECITALS A. Irons is the owner of real property in Story County, Iowa, legally described as follows: Lots 33 and 34 in The Irons, an Official Plat, now included in and forming a part of Story County, Iowa("Property"). B. To comply with City and County requirements in connection with the final plat of The Irons, the Declarant desires to establish an ingress/egress easement over the Property 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, Declarant 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: "CC " means the City of Ames, Iowa. "Owners "means the record titleholder(s) of Lots 33 and 34. "Lots "means Lots 33 and 34 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. Grant of Ingress/Egress Easement.Declarant hereby establishes a perpetual,non- exclusive easement for ingress, egress and access, across and through the property set forth in Exhibit"A", attached hereto and made a part hereof, for the purpose of ingress, egress and access to and from all public rights-of-way. 3. Maintenance. The owner or occupant of the Lot shall keep and preserve that portion of the easement area within his/her 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. 2 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. Amendment. Any change or amendment to this Declaration shall be effective only if it is in writing and signed by the Declarant and the City and Story County. 11. 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. 12. 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. 3 s f IN WITNESS WHEREOF, this Declaration has been made effective as of the date first above written. THE IRONS,L.L.C. an Iowa limited 1' bility company By: Chr her Gardner, Manager STATE OF IOWA ) SS: COUNTY OF ) This instrument was acknowledged before me on this q'U' day of }� 2017,by Christopher Gardner, Manager of The Irons, L.L.C. , 7a, JILL D.SMITH o y Commission Number 75C450 Notary Pu 'c in and for the State o Iowa r P�h Ca issio F�DirE:S y rM 4 s r EXHIBIT"A" THE WEST 12.00 FEET OF THE NORTH 60.00 FEET OF LOT 34,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY, IOWA. AND THE EAST 12.00 FEET OF THE NORTH 60.00 FEET OF LOT 33,THE IRONS,AN OFFICIAL PLAT IN STORY COUNTY,IOWA. 5