HomeMy WebLinkAboutA006 - Access Easement dated October 18, 2023 Instrument 0: 2023-07707
10/30/2023 12 22 43 PM total Pages 3
EASE EASEMENTS
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o Stacle Herrldpe, Recorder , Story County Iowa
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Min io M t«Franklin J Feilmeyer,PO Box 847,Ames,IA 50010
D=MlK PWW bFFranklin J Edmqff,PO Box 847,Ames,IA 500101 P:5152321761 I E:FJF@rwwpoindawfirrn.com
Access Easement
Know All Persons: This is an easement reservation made and given by Ansley Land, LLC, and
Burgason Enterprises,L.L.C.,with principal offices now located at Story County,Iowa(hereinafter
"Owner"), upon the following terms and conditions:
1 Circumstances&Purpose.Owner has subdivided and platted certain lands Owner wishes to
provide for rights of ingress and egress.
2 Easement for the Benefit of Lot Owners. Owner hereby reserves for Owner and to Owner's
successors and assigns, for the benefit of and appurtenant to:
Lots I through 15, inclusive, Ansley Subdivision, First Addition, Ames, Story
County,Iowa
(hereinafter "Tract 1") for the uses and upon the conditions hereinafter recited, the perpetual
right to enter upon the land (collectively the "Easement Areas")described as follows:
Outlots A, B, C, D, and E, Ansley Subdivision, First Addition, Ames, Story
County,Iowa.
3 Easement Uses. Owner reserves a perpetual easement within, over, upon, across, and under
the Easement Areas specified. The easement is for the purpose of ingress to and egress from
Tract 1 and adjacent public rights-of-way.The easement Is also for the purpose of constructing,
reconstructing,repairing,operating,using,and maintaining a driveway and parking,ne ease-
ment rights reserved are for Owner and for Owner's respective successors and assigns of Tract
1.Owner and Owner's successors and assigns of Tract 1 shall not obstruct or impair the use by
the Owner and Owner's successors and assigns of Tract 1 of the respective Easement Areas.
4 Maintenance.The Owner and successors and assigns of Tract 1 shall share the cost of main-
taining the Easement Area as a safe, unobstructed route of ingress and egress and parking
Maintenance Includes,but is not limited to.snow removal;construction, reconstruction,instal-
lation, or repair of permanent and nonpermanent surfaces and related structures, such as
drainage improvements; restoration of grade and vegetation following maintenance; and re-
moval of overgrown vegetation. A recorded covenant and bylaws of an owners' association
shall have authority to provide for the uses and regulations and assessments for such easement
areas.
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2023-07707 EASE 1 0/30/2023 1 2:22:43 PM Page 2 of 3
Common Access Easement Pa g e 12
5 Easement for Emergency Access. Owner grants to the City of Ames, Iowa, a permanent right
to enter with its personnel, vehicles,and equipment for such reasonable time as may be neces-
sary for the ordinary and necessary purposes of responding to emergencies and providing
emergency services upon the following tracts,
Outlots A, B, C, D, and E, Ansley Subdivision, First Addition, Ames, Story
County,Iowa.
b City Approval.City approves the easements herein as satisfying Citys conditions for building
and occupancy permits and zoning approval. Owner agrees for Owner and for Owner's suc-
cessors and assigns that the easements described herein shall not be released, terminated, or
the uses materially diminished without the consent of City
7 Interpretation. Words and phrases used in this Instrument shall be construed as in the single
or plural number,and as masculine, feminine,or neuter gender,according to the context This
instrument shall be governed exclusively by and construed in accordance with the laws of the
State of Iowa. The paragraph headings in this instrument are for convenience only and in no
way define or limit the scope or intent of any provisions of this instrument.
SIGNATURES ON PAGES FOLLOWING »
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Common Access Easement Page 13
In Witness of this Easement,Owner, by and through its duly authorized and acting man-
agers, executes this record:
Dated October]..�__� 2023.
ANSLEY LAND, LLC
By,,A—(�� L). 3) '1-- 1, c1XVn' By: /4 �Lx,
Steven W. Burgason, Manager % Anne F. Burgason, Manager
STATE OF IOWA,COUNTY OF STORY, SS.:
Steven W Burgason and Anne F. Burgason each acknowledged this record before me on October
t , 2023,as managers of Ansley Land, LLC
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In Witness of this Easement, Owner, by and through its duly authorized and acting manager,
executes this record.
BURGASON ENTERPRISES, L.L.C.
Dated October I D "2023. By. "4" Lb
Steven 0. Burgason, Manager
STATE OF IOWA, COUNTY OF STORY, SS.:
Steven W. Burgason acknowledged this record before me on October Is 2023, as manager of
Burgason Enterprises, L.L.C.
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