Loading...
HomeMy WebLinkAboutA014 - Access Easement Agreement - not needed P<Y phoae. ('a-t4 w '�� J�►a �- 0ooleA ) woS P(©111* d fc) r Dot� . I� v fi S U b►�� ►' �-�,,( � t. Prepared by and when recorded return to:Nathan Allen, 5820 Westown Parkway,West Des Moines,IA, 50266 (515)267-2870 ACCESS EASEMENT AGREEMENT THIS ACCESS EASEMENT AGREEMENT ("Easement") is made and entered into as of the day of , 2019, by and between DICKSON D. JENSEN and LUANN C. JENSEN, husband and wife, with principal address of 4611 Mortensen Rd., STE 106, Ames, IA 50014 ("Jensen"), and HY-VEE, INC., an Iowa corporation ("Hy-Vee"), with principal place of business at 5820 Westown Parkway, West Des Moines, IA 50266; WITNESSETH: WHEREAS, Jensen owns real estate situated in Ames, Story County, Iowa, legally described on Exhibit"A" attached hereto and incorporated herein (the "Jensen Tract"); and WHEREAS, Hy-Vee owns real estate in Ames, Story County, Iowa, legally described on Exhibit `B" attached hereto and incorporated herein (the "Hy-Vee Tract"), which is adjacent to the Jensen Tract; and WHEREAS, Jensen and Hy-Vee have agreed to grant certain easements for vehicular and pedestrian ingress and egress for the benefit of the Jensen Tract and the Hy-Vee Tract as described herein. NOW, THEREFORE, for and in consideration of One Dollar ($1.00), the receipt and adequacy of which are hereby acknowledged, it is agreed as follows: 1. Access Easement Area. a. Access Easement Area. The "Access Easement Area" is legally described on Exhibit "C" attached hereto and incorporated herein, and visually depicted "D" attached hereto and incorporated herein. b. Construction. Contemporaneous with the development by Hy-Vee of the Hy- Vee Tract,Hy-Vee shall construct a paved roadway upon the Access Easement Area at Hy- Vee's sole cost and expense. Thereafter, the owner of the Hy-Vee Tract shall maintain such driveway in conjunction with owner of the Hy-Vee Tract's operation of its business upon the Hy-Vee Tract at such owner's sole cost and expense until such time as development is completed on the Jensen Tract. At such time as development is completed on the Jensen Tract, the owner of the Jensen Tract shall be responsible for fifty percent (50%) of the cost of maintenance, repair, replacement, snow removal, and line striping (if any) of the driveway improvements upon the Access Easement Area from and after such time, payable by the owner of the Jensen Tract within thirty(30)days following receipt of an invoice therefore. c. Easement Grant. Jensen hereby grants for the benefit of the Hy-Vee Tract a perpetual, non-exclusive easement in, over and upon that portion of the Access Easement Area that is located on the Jensen Tract for use as a private drive and crossing for vehicular ingress and egress for the owners,employees,agents,licensees,and invitees of the Hy-Vee Tract, and for the initial construction and thereafter maintenance, repair and replacement of the paved roadway improvements within the Access Easement Area. In addition,Jensen hereby grants to the owner of the Hy-Vee Tract a temporary construction easement over only so much of the Jensen Tract as may be necessary for the initial construction and installation of the paved roadway improvements within the Access Easement Area. d. Easementr for benefit of the Jensen Tract a Grant. Hy-Vee hereby grants o the bee t perpetual, non-exclusive easement in, over and upon that portion of the Access Easement Area located on the Hy-Vee Tract for use as a private drive and crossing for vehicular ingress and egress for the owners, employees, agents, licensees, and invitees of the Jensen Tract. e. Easement Grant—Blanket Cross-Access. Hy-Vee and Jensen hereby grant for the mutual benefit of the Hy-Vee Tract and the Jensen Tract, an easement for pedestrian and vehicular ingress and egress over the driveways that exist upon the Hy-Vee Tract and the Jensen Tract, from time-to-time to accommodate access to and from the Hy-Vee Tract, the Jensen Tract, Mortensen Rd., and S. Dakota Ave. 2. Restrictions. The owners of the Jensen Tract and the Hy-Vee Tract shall use reasonable efforts to ensure that no barricades, signs, fences, or other dividers will be constructed in, over or upon, and that nothing will be done to prohibit or discourage the free and uninterrupted access over and across the Access Easement Area and/or ingress and egress between the Hy-Vee Tract and the Jensen Tract generally; provided, however, Hy-Vee may temporarily restrict access to certain portions of the Access Easement Area in conjunction with the installation, repair or re-construction of the driveway improvements upon such easement area. 3. Covenants Running with the Land. The Jensen Tract and the Hy-Vee Tract shall be held, sold and conveyed subject to the restrictions, covenants and easements contained herein, all of which shall be covenants running with the land and shall be binding upon, and inure to the benefit of, all parties having any right, title and interest in said properties, or any part thereof, and their respective heirs, successors and assigns. 4. Waiver. No covenant, restriction, condition or provision of this Easement shall be deemed to have been abrogated or waived by reason of any failure to enforce the same at any time, irrespective of the number of violations or breaches which may occur. 5. Savings Clause. The invalidity of any covenant, restriction, condition, limitation or any other provision of this Easement, as the case may be, shall not render the remainder of the Easement invalid. 6. Amendment; Modification. This Easement may be amended by the written consent and mutual agreement of the owner of the Hy-Vee Tract and the owner of only those portions of the Jensen Tract that directly abut the Access Easement Area. 7. Governing Law. This Easement shall be construed and enforced in accordance with the laws of the State of Iowa. 8. Counterparts. This Easement may be executed in one or more counterparts and on separate counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [SIGNATURES ON FOLLOWING PAGES] IN WITNESS WHEREOF, Jensen and Hy-Vee have executed this Easement on the date first above written. JENSEN: Dickson D. Jensen LuAnn C. Jensen STATE OF IOWA, COUNTY OF , ss This record was acknowledged before me on ,2019,by Dickson D. Jensen and LuAnn C. Jensen, husband and wife. Notary Public in and for the State of Iowa HY-VEE: HY-VEE, INC., an Iowa corporation By: Peter Hosch Vice President By: Nathan Allen Assistant Secretary STATE OF IOWA, COUNTY OF POLK, ss On this day of ,2019,before me,the undersigned, a Notary Public in and for the state of Iowa, personally appeared Peter Hosch and Nathan Allen, to me personally known, who being by me duly sworn did say that they are the Vice President and Assistant Secretary, respectively, of Hy-Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of its Board of Directors; and that the said Peter Hosch and Nathan Allen as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa Attachments: Exhibit"A"—Legal Description of Jensen Tract Exhibit"B"—Legal Description of Hy-Vee Tract Exhibit"C"—Legal Description of Access Easement Area Exhibit"D"—Visual Depiction of Access Easement Area EXHIBIT "A" LEGAL DESCRIPTION OF JENSEN TRACT Lot 2 in THE WEST END CENTER, City of Ames, Story County, Iowa EXHIBIT "B" LEGAL DESCRIPTION OF HY-VEE TRACT Lot 1 in THE WEST END CENTER, City of Ames, Story County, Iowa EXHIBIT "C" LEGAL DESCRIPTION OF ACCESS EASEMENT AREA The East fifteen (15) feet of the Hy-Vee Tract, and the West fifteen (15) feet of the Jensen Tract. EXHIBIT 66D99 ISUAL DEPICTION OF ACCESS EASEMENT AREA s having foils tnet maAe the cunftru<tiDn —FWNO 3/2"REBAR f/fbViltlingW Cif Ylc Olt. W/YELLOW CAP / ♦B136 ! STATE PLANE i COCWOINATES 11-3457830.38 V1 E-4872711.11 W '_ G94':2'09"C 728.93' FOINO lit' REBAP ___-- __-_- .___ _,.____ _ "v;.. _.. ____ N . _"._ .._..__.. ___ STAOROINTES NO-316-8Ip.29 E-48794B5.36 c. I t3W � I o _....._..... 7o w bP U o LOT S W Y� 811.86 ACRES 1227LOi 2 "J = 78.97 S.F. a R 2.52 ACRES ,�g$ 1114 S. D.AKOTA AVENUE I Y rij GS bR�,� S u�Y o 1 FeTN�[AXIRNi 1 sNCT.NDEE,II��nCC-pp�IIeCCmo 8. EASENEM• TELE—W I CCt-IgfU M NT I O90-DC' IU O GET 1/2 REBAR W/ 7G. Dd�3W37 YELLOW CAP$17161 j FDUNG 'X VY l9.qq W89'0 31"W 7PB➢ 177'P➢' ;IN ME. 3c0.as 9f0 b1'»•I:ril.3' �"-NDO'll'45"W FOIRJD 112 PEW YELLOW CAP f17161 llto FOR LIFE NORTN iW CORNER .'iSA.,.O�.31 M 13a5"lb _............_ .„......— ......�—.. _ —...... 5EC.d, "-24 SE CORNER Sec. 6-83-24 MORTENSEN ROAD (ROW VARIES) N�I1/ GW1id :o.cR'X'IN :ONCRETE SEC. SET NAGG NAIL HAIL