HomeMy WebLinkAboutA005 - Access Easement Agreement dated May 24, 2023 Instrument N: 2023-03232
05/25/2023 11.41 29 AM Total Pages 4
EASE EASEMENTSF22 s
Staele'Warrldge, Recorder, Story County Iowa
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$;pucd py; Zachary S.Chizek, 1620 SuRgdor Street,Unit I.Webster City,Iowa 50595 Tel,(515)832-2885
Return to: Zachary S.Chizek, 1620 Superior Street,Unit 1,Webster City,Iowa 50595
ACCESS EASEMENT AGREEMENT
This Agreement is entered into this_ day of May 2023,between Hidd n Creek Farm,LLC,
an Iowa limited liability company,("Grantor"),and Hidden Creek Farm,LLC,an Iowa limited
Iiability company,("Grantee").
WHEREAS, Grantor own land located in Story County, Iowa,as described as:
Outlot A,Hidden Creek Farms Plat 1,Ames, Story County,Iowa;
which,for purposes of this Agreement is referred to as"Parcel I",and
WHEREAS, Grantee owns land located in Story County, Iowa,described as:
Lot 1,Hidden Creek Farms Plat 1,Ames, Story County,Iowa;
which,for purposes of this Agreement is referred to as"Parcel 2",
WHEREAS, Grantee desire to obtain an easement across a portion of Parcel 1 for purposes of
ingress to and egress from Parcel 2 and Grantor are willing to grant an easement over a portion of
Parcel I to Grantee,all in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other
good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the
parties agree as follows:
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Access Easement Agreement—Page 2
1. FAmment. Grantor hereby grant to Grantee and their assigns or successors in
interest,for the sole purpose of providing access to Grantee's Parcel 2,an easement of ingress and
egress for access over,through,across and within the area described as:
A strip of land 60.00 feet in width across Outlot A, being situated 30.00 feet on each side
of the following centerline: Beginning at a point on the west line of Outlot A which is
180.00 feet south of the Northwest Comer thereof; thence S89°54'26"E, 345.00 feet;
thence SOW I8'57"W, 180.00 feet to a point on the north line of Lot 1 which is 345.00 feet
East of the Northwest Comer thereof,and there terminating;
which, for purposes of this Agreement is referred to as the "Easement Area", according to the
following terms:
A. Grantee shall use the Easement Area only in connection with the use by
Grantee of Parcel 2 for access purposes and shall not use the Easement Area in any manner that
interferes with Grantor's use of Parcel 1;
B. Grantor shall not be required to improve the Easement Area in any manner;
C. Grantee shall maintain the current Easement Area in a reasonable condition
that allows use by both parties of the Easement Area and agree to split all costs associated with
said maintenance; and
D. Grantee shall not damage the Easement Area or any property of Grantor in
connection with Grantee's use of the Easement Area,excluding normal wear and tear.
2. Obstructions. Grantee and Grantor each agree that they will not permit any person
or entity to obstruct the Easement Area so as to unreasonably restrict their respective use of the
Easement Area.
3. No Public Dedication. Nothing contained in this Agreement will be deemed to be
a gift or dedication of any portion of the Easement Area to the general public or for the general
public or for any public purpose whatsoever;it being the intention of Grantor and Grantee that this
Agreement will be strictly limited to and for the purposes expressed herein.
4. No Joint Venture. Nothing contained in this Agreement shall be construed to make
the parties hereto,or their successors and assigns, partners or joint venturers or to render either of
the parties liable for the debts or obligations of the other, except as expressly provided in this
Agreement.
5. Waiver. No delay or omission by either of the parties, or their successors and
assigns, to exercise any right or power accruing upon any non-compliance or failure of
performance by the other party under the provisions of this Agreement shall impair any such right
or power or be construed to be a waiver thereof. A waiver by either of the parties, or their
successors or assigns, of any of the covenants, conditions or agreements hereof to be performed
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Access Easement Agreement—Page 3
by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other
covenant,condition or agreement contained herein.
6. Indemnification. Grantee shall indemnify,defend and hold harmless Grantor from
all claims,demands,causes of action, losses,damages, liabilities and expenses,including,without
limitation,reasonable attorneys' fees and court costs arising from any personal injury or property
damage occurring as a result of the direct or indirect use of the Easement Area by Grantee or
Grantee's tenants,employees or invitees in the Easement Area.
7. Headings. The section headings herein are for convenience or reference only and
in no way define or limit the scope and content of this Agreement or in any way affect its
provisions.
8. Partial invalidity. If any provisions or portions thereof of this Agreement, or the
application thereof to any person or circumstance shall,to any extent,be invalid or unenforceable,
the remainder of this Agreement or the application of such provision, or portion thereof, to any
other persons or circumstances shall be valid and enforceable to the fullest extent permitted by
law.
9. Agreements to be in Writin . No agreement shall be effective to add to, change,
modify,waive or discharge this Agreement,in whole or in part,unless such agreement is in writing
and signed by the party to be bound.
10. _Covenants Running with the Land. All of the covenants,conditions and restrictions
set forth in this Agreement to be performed or observed by either party are intended to be and shall
be construed as covenants running with and appurtenant to the land, and shall be binding upon,
inure to the benefit of and be enforceable by the parties hereto and all subsequent owners of their
respective parcels or any part thereof. A party shall be personally obligated hereunder for only
those obligations of a party which accrue during the period such party owns its respective parcel.
11. Termination of Agreement. As this Agreement was executed as part of the platting
process for Hidden Creek Farm Plat 1,Ames, Story County, Iowa, the Grantor and Grantee shall
not terminate, vacate or materially diminish the access easement contained in this instrument
unless consented to by the City of Ames, Iowa.
12. Commonality of Ownership. This Agreement shall not be invalidated due to the
doctrine of merger or the commonality of ownership between the property described herein.
13. Entire Agreement. This Agreement contains the entire agreement of the parties
hereto with respect to the subject matters hereof and supersedes all negotiations, preliminary
agreements and all prior and contemporaneous discussions and understandings of the parties hereto
with respect to the subject matters hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first above
written.
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Access Easement Agreement-Page 4
HIDDEN EK FARM,L -GRANTOR
i
PlOip D. Voge,/Manager
STATE OF IOWA,HAMILTON COUNTY,ss:
Signed and sworn to(or affirmed)before me on this Aglday of May,2023, by Philip D. Voge,
as Manager of Hidden Creek Farm, LLC.
LVN1POPPECAIN Mum 11 P�nwn
Of
Notary Public in an or a State MIXa
HIDD N LEEK F ,7Lf GRANTEE
P ' ip D. Vog ,Manager
STATE OF IOWA,HAMILTON COUNTY, ss:
Signed and sworn to(or affirmed)before me on thisjfday of May,2023,by Philip D.Voge,
as Manager of Hidden Creek Farm,LLC.
*8FIL1fNN PPPEN
Q2!Nis!oa MR.—Vw uo Notary Public in or the S of Iowa
—MAY 17.3"O