Loading...
HomeMy WebLinkAboutA004 - Easement and Maintenance Agreement between Gareway Stores and Burgie's Land Co., dated August 17, 2020 Prepared By: Koby M.Pritchard,715 8th Street,Boone,Iowa 50036 Return To:Koby M.Pritchard,715 811 Street,Boone,Iowa 50036 EASEMENT AND MAINTENANCE AGREEMENT �k THIS EASEMENT AND MAINTENANCE AGREEMENT ("Agreement") is made this i j �day of��, 2020, by and between Fareway Stores, Inc., an Iowa corporation ("Fareway") and�urgie's Land Co. LLC., an Iowa limited liability company ("Burgie's") (collectively the "Parties"). Whereas, Fareway is the owner of Lot 2 Northridge Heights Subdivision Twelfth Addition, Ames, Story County, Iowa, the same being subdivided into Lots 1 and 2, to be described as Lots 1 and 2, Northridge Heights Subdivision Nineteenth Addition, Ames, Story County, Iowa("Fareway Property"); and Whereas, Burgie's is the Purchaser of Lot 2, Northridge Heights Subdivision Nineteenth Addition, Ames, Story County, Iowa, ("Burgie's Property"). Whereas, in consideration of the purchase described above, Fareway grants an easement to Burgie's as depicted in Exhibit 1 ("Easement Area"); and described as: That part of Lot 1, Northridge Heights Subdivision, Nineteenth Addition to the City of Ames, Story County, Iowa, more particularly described as follows: Beginning at the Southwest Corner of Lot 2, Northridge Heights Subdivision, Nineteenth Addition; thence S 89' 1 F 32" W, a distance of 32.85 feet; thence N 00' 42' 02" W a distance of 80.15; thence N 67' 11' 15" E, a distance of 14.42 feet; thence 19.37 feet along a curve to the left, having a radius of 5.79 feet and a delta angle of 191° 36' 03", and whose long chord bears N 171 53' 16" W, a distance of 11.53 feet; thence S 66' 56' 48" W a distance of 10.92 feet; thence N 00' 45' 07" W a distance of 75.85 feet; thence N 71' 08' 38" E a distance of 37.12 feet; thence S 00' 55' 17" E a distance of 179.80 feet along the west line of said Lot 2 to the point of beginning. and Whereas, a Cross-access Easement Agreement recorded August 29, 2013 as Instrument No. 13-10566 created a non-exclusive easement benefiting real estate north of the Fareway property, and by this Agreement Fareway acknowledges the same easement also exists for the benefit of Lot 2, Northridge Heights Subdivision Nineteenth Addition, Ames, Story County, Iowa, and NOW, THEREFORE, in consideration of the mutual covenants and conditions contained in this Agreement,the Parties hereto agree as follows: 1. Easement Area. Fareway hereby grants to Burgie's and its invitees, licensees, employees, agents, heirs, successors, and assigns, a non-exclusive, perpetual easement for vehicular and pedestrian ingress and egress, to and from, over, along and across the Easement Area, which is depicted in and described in Exhibit 1. 2. Easement Purpose. Lot 1 and Lot 2 being adjacent to each other and connected by common drives and aisles, the Parties are providing for a right of access across the lots and to and from the adjacent public right-of-way (currently known as Stange Road) through this Easement Area to provide a common path for ingress and egress and designated parking areas among and between Lot 1 and Lot 2. Further, subject to any ordinary rules promulgated by the owner of Lot 1 and Lot 2, it is the purpose and grant of both Parties to allow the invitees, licensees, employees, customers, and the like access to this Easement Area and access and use of established parking and established ingress and egress of Lot 1. 3. Improvements and Repair Maintenance and Replacement. Each Party shall be responsible for maintenance, repair, replacement and any and all improvements located on their respective property, except, however, in addition to that obligation, the owner of Lot 2 shall be responsible for the maintenance, repair, replacement, and any and all improvements located in the Easement Area described in Exhibit 1. The Easement Area shall be maintained in a good and attractive condition, including, but not limited to, the removal of snow and ice, any ordinary maintenance, repair, and replacement of the surface, parking areas, and improvements related to the use of the Easement. The cost of the trash, debris, and snow or ice removal and treatment of any accumulations in the Easement Area shall be borne by the owner of Lot 2. The owner of Lot 2 shall have a designated area on Lot I where the owner of Lot 2 shall push or pile snow from the Easement Area. The owners of Lot 1 and Lot 2 shall communicate regarding the benefits of using common maintenance service. 4. Restriction and Conditions of the Easement Area. To ensure that the easements will be effective for the purposes granted and will be used in accordance with the intention of the parties,the easements shall be subject to the following conditions and restrictions: A. Each property owner and their invitees, licensees, employees, and agents, shall at all times comply with reasonable traffic rules and regulations promulgated by the property owner of the applicable easement area, which govern the use of the easement areas including, without limitation, compliance with all traffic control devices; provided, however, that the rules and regulations shall not unreasonably interfere with another property owner's use and enjoyment of the easements. B. Each property owner and their invitees, licensees, employees, and agents, may use the easement areas for any lawful purpose, provided that such does not unreasonably interfere with the respective property owner's use and enjoyment of the easements. No property owner shall construct or maintain any structure, improvement or other impediment in the easement areas that materially interferes with the use and enjoyment of the easements. 5. Binding Effect of Easements and Running with the Land. The easements and agreements set forth.in this Agreement shall run with and burden the properties and all subsequent lots developed therein and shall inure to the benefit of, and be binding on, the successors, heirs and assigns of the parties to this Agreement. Furthermore, the easements and agreements shall remain in full force and effect and shall be unaffected by any change of ownership of any property or by any change of use of said property or other circumstances except as otherwise expressly provided in this Agreement. Each of the rights created under this Agreement shall be specifically enforceable in a court of equity, all parties to this Agreement recognizing and agreeing that damages at law will be inadequate. 6. Indemnity. Each party shall indemnify and defend and hold harmless the other party, their officers, agents and employees from all liability, suits, actions, claims, costs, damages, and expenses of every kind and description, including court costs and legal fees, for claims of any character, including liability and expenses in connection with the loss of life, personal injury, or damage to property, brought because of any injuries or damages received or sustained by any person, persons, or property on account of or arising out of the use of the Access Easement or Parking Easement by the other party or its agents, contractors, subcontractors, invitees, or employees. 7. Warranties. Fareway warrants that it has good and indefeasible fee simple title to the Access Easement; that Fareway has the full right and lawful authority to grant this access agreement; and that Fareway and its successors shall and may peaceably have, hold and enjoy the easement. 8. Severability. The invalidity or unenforceability of any covenant, condition, term or provision in this Agreement shall not affect the validity and enforceability of any other covenant, condition,term or provision. 9. Bindin . This Easements shall be binding upon each party hereto and their respective successors and assigns. 10. Miscellaneous. 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. Any 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. 11. Governing Law. The conditions, terms and provisions of this Easements shall be governed by and construed in accordance with the laws of the State of Iowa. 12. Counterparts. The parties agree that this Agreement has been or may be executed in several counterparts, each of which shall be deemed an original and all such counterparts shall together constitute one and the same instrument. 13. Notice. A notice, demand or other communication under this Agreement by any party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally to: Fareway Stores, Inc., 715 Sth Street, Boone, IA 50036; Attn: Koby M Pritchard; and to Burgie's Land Co. LLC, 3314 Cedar Lane, Ames, Iowa 50014; Attn: Andrew Burgason, or to such other designated individual or officer or to such other address as any party shall have furnished to the other in writing in accordance herewith. 14. Conflicts. If and to the extent that any of the provisions in this Agreement conflict with any previous agreements, the provisions of this Agreement shall prevail. Signature Pages to Follow SIGNATURE PAGE TO EASEMENT AND MAINTENANCE AGREEMENT IN WITNESS WHEREOF, the parties have executed this Easement and Maintenance Agreement as of the date first set forth above. BURGIE'S LAND CO. LLC Y Its: © 43 STATE OF IOWA ) ss. COUNTY OFn,�„ ) I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies that 8kAffl- -urid-SO I plonc< of Burgie's Land Co. LLC., a Iowa limited liability company, has signed the foregoing instrument, and who is known to me, acknowledged before me on this date that, being informed of the contents of the instrument, he executed the same voluntarily. Dated this I-1{'h day of , 2020. otary Public in and for the State of Iowa My Commission Expires: � AMANDA MATTHEWS A t COMMISSION NUMBER 819237 MY COMMISSION EXPIRES SIGNATURE PAGE TO EASEMENT AND MAINTENANCE AGREEMENT IN WITNESS WHEREOF, the parties have executed this Easement and Maintenance Agreement as of the date first set forth above. FAREWAY STORES, INC. By: r Its: STATE OF DkX/A ) ss. COUNTY OF f3o6,,/c= ) I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies that GiA,epFir'Z. PrKc�4PP CVp1,4C k C of Fareway Stores, Inc., an Iowa corporation, has signed the foregoing instr men , and who is known to me, acknowledged before me on this date that, being informed of the contents of the instrument, he executed the same voluntarily. Dated this 147-4 day of v — 2020. VAAL S.:::i AM CARTER 0�16 e5 Z P, rumber 803956 votary Public in and for the State of ion Expires y i0 LOV My Commission Expires: EXHIBIT I 0 I I 1 i m I I z I I z a—o-xl_'�� `.j---I——__------ Q /i' \\9' ...•_�_ �� `."rP'1� a `�, 1 8JOT7M.SS96 a]N\ a� sn a R g w o I I U' II F S lion W Dq u \ '�: •\ ((�j ^�'- \\ i; SLM.CaSD 'm W' rvCl09M'�aZD.aI,N� _ tc\�J11 all OWuW I ;f i i •� i ���il 1 I 1 mad�[ W _— Z--i—_—_—_ -51 W I 1 1 I ' 2 I I I I 1 1 I V' a a /1 I I I t —J______ I I I I - s� of �.,��3oo33 ww I I ..moo o�3aom i I - oo_ oQo zoWW 1 I I i w.mos.orou.ue ru„w.n�r�w..v�+�.r,rs .rn.rnarn�no«ar..-mn�noc:,,