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Home My WebLink AboutA006 - Reciprocal Easement Agreement between Hunzik,er Development Group and R. Friedrich and Sons and Friedrich Land Development Company, dated July 9, 2019 s INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515)288-2500 RETURN TO: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 RECIPROCAL EASEMENT AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS: THIS RECIPROCAL EASEMENT AGREEMENT(this"Agreement')is made by and between Hunziker Development Group, LLC ("HDG"), R. Friedrich and Sons, Inc. ("R-Friedrich"), and Friedrich Land Development Company,L.L.C.("FLDC")(HDG,R-Friedrich,and FLDC are hereinafter collectively referred to as the"Parties")upon the following terms and conditions: RECITALS WHEREAS,the Properties(as that term is defined herein)are adjacent to each other and each of the Parties intends to subdivide and develop their respective properties; WHEREAS, as a condition of the platting of the HDG Property into Scenic Valley Subdivision Fourth Addition,Ames,Story County,Iowa(the"Subdivision"),it is necessary for R-Friedrich and FLDC to grant certain easement rights to the City of Ames,Iowa(the"City" -, WHEREAS,it will be necessary,at the time of the platting of the Friedrich Properties(as that term is defined herein),for HDG to grant certain easement rights to the City as a condition of the platting of the Friedrich Properties; WHEREAS,the Parties desire to grant the aforementioned easement rights to the City,at the time said easement rights are required for the development of the Properties,as the case may be,to allow for the development of the Properties at different times. NOW THEREFORE,in consideration of the Recitals and the mutual covenants contained herein, and reliance on the same,the sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. INCORPORATION OF RECITALS. The foregoing Recitals are incorporated herein and made a part of this Agreement as if fully set forth verbatim. The Recitals and exhibits attached hereto,if any,are a substantive,contractual part of this Agreement. 2. PROPERTY OWNERSHIP. (a) HDG is the current titleholder of the real property legally described as: -1 - Parcel"U"a part of the Southeast Quarter(SE'/4)of the Southeast Quarter(SE'/4)of Section Twenty (20), Township Eighty-four (84) North, Range Twenty-four(24) West of the 5' P.M., Ames, Story County, Iowa, as shown on the "Plat of Survey" filed in the office of the Recorder of Story County,Iowa, on December 23, 1999,as Instrument No. 99-16786, Slide 50, Page 3, AND Outlot X, Scenic Valley Subdivision First Addition, Ames, Story County,Iowa,AND Outlot W, Scenic Valley Subdivision Second Addition, Ames, Story County,Iowa (the"HDG Property"); (b) R-Friedrich is the current titleholder of the real property legally described as: The Northeast Quarter(NE1/4) of the Southeast Quarter(SE1/4) of Section Twenty(20), Township Eighty-four (84) North, Range Twenty-four (24) West of the 5th P.M., Story County,Iowa,EXCEPT a parcel of land containing approximately 3.6 acres described as: Commencing at the NW Corner (center of road) of the NE1/4 of the SE 1/4 of Sec. 20- T84N-R24W of the 5th P.M.,Story County,Iowa,thence East along the center of the road 521 feet,thence South 301 feet,thence West 521 feet to the West line of the said NE1/4 of the SE1/4,thence North 301 feet to the place of beginning (the"R-Friedrich Property'); and (c) FLDC is the current titleholder of the real property legally described as: The Northwest Quarter of the Southeast Quarter of Section Twenty in Township Eighty- four North, Range Twenty-four West of the 5th P.M., Story County, Iowa, EXCEPT beginning at concrete monument located at center of Section Twenty, Township Eighty- four North,Range Twenty-four West of the 5th P.M., in Story County,Iowa,which is the Northwest Corner of the Southeast Quarter of said Section; thence South 090' East a distance of 372.30 feet along the West line of said Southeast Quarter;thence North 89°30' East a distance of 325.00 feet; thence South 66°41' East a distance of 36.09 feet; thence North 84°40'East a distance of 58.92 feet; thence South 39°45'East a distance of 316.30 feet; thence North 0'09'East a distance of 621.43 feet to the North line of said Southeast Quarter Section;thence West along the North line of Southeast Quarter Section a distance of 623.92 feet to the point of beginning (the "FLDC Property") (the R-Friedrich Property and the FLDC Property are hereinafter collectively referred to as the"Friedrich Properties")(the HDG Property and the Friedrich Properties are hereinafter collectively referred to as the"Pro erties"). 3. GRANT OF EASEMENTS-FRIEDRICH PROPERTIES. R-Friedrich and FLDC shall execute and deliver to the City that certain Temporary Easements wherein R-Friedrich and FLDC,as the case may be, grant temporary storm sewer and surface water flowage easements to the City over and across the Friedrich Properties. The easement rights granted therein shall terminate in accordance with the terms thereof. 4. FUTURE GRANT OF EASEMENTS-HDG PROPERTY. HDG shall execute and deliver to the City public utility easements over and across Outlot V of the Subdivision("Outlot V")at the time said public utility easements are necessary for the development of the R-Friedrich Property and/or the FLDC Property. The Parties hereby understand, acknowledge, and agree that the location of said easements on -2- P Outlot V shall be at the sole and absolute discretion of HDG, and shall consist of the minimum area necessary for the development of the Friedrich Properties. 5. SUCCESSORS BOUND. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the Parties and shall run with the Properties. IN WITNESS OF THIS RECIPROCAL EASEMENT AGREEMENT the Parties have executed same on the dates set forth below. HUNZIKER DEVELOPMENT GROUP,LLC Ju R. D dge,Manager 15 , BY: > °�� Charles E.Winkleblack,Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this day of July, 2019, by Justin R. Dodge and Charles E. Winkleblack,as Managers of Hunziker Development Group, LLC. MVCWW**WE=km Notary Public in and for the State of Iowa My commission expires, - i. FRIEDRICH LAND DEVELOPMENT COMPANY,L.L.C. By: GGCh�� urt W.Friedrich,Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this 9 day of July, 2019, by Kurt W. Friedrich, as a Manager of Friedrich Land Development Company,L.L.C. 'p, ,S JUSTIN ROBERT DODGE Notary Public i and for the State of Iowa F _ Commission Number 792016 A My Commission Expires My commission expires lrk44 !/ 201•1 'ow" September 11, 2021 R.FRIEDRICH AND SONS,INC. , By: Kurt W. Friedrich, Pr6sident _3_ STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this g day of July, 2019, by Kurt W. Friedrich, as the President of R. Friedrich and Sons, Inc. ota Public n and for the State of Iowa JUSTIN ROBERT DODGE NM commission expires Commission Number 792016 Y P My Commission Expires I °W' September 11, 2021 -4-