HomeMy WebLinkAbout2017-304-4/24/2017(RECORDED)IIIII iiI Ii!IJIIIIIIIIIlI IIIIIIIIIli!I JIIIliifIIII1111
Doc ID. 007619650001 Type: GEN
Recorded: 05/04/2017 at 04:25:06 PM
Fee Amt: $7.00 Page 1 of 1
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2017-00019309
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2017-304
RESOLUTION APPROVING DEVELOPMENT AGREEMENT
AND AUTHORIZE MAYOR AND CITY CLERK TO EXECUTE
SAID AGREEMENT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA,
that a Development Agreement dated April 24, 2017, between Tim Moyer and the City of
Waterloo, Iowa, for the sale and rehab of a residential lot located at 1330 Scott Avenue,
Waterloo, Iowa , is hereby approved and the Mayor Pro Tem and Deputy City Clerk are
authorized and directed to execute the same on behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 24th day of April 2017.
ATTEST:
Ft
LeAnn\M. Even, (CMC, ICMC
Deputy' City Cler
c37,
Ron Welper, Mayor Pro Tem
CERTIFICATE
I, LeAnn Even, Deputy City Clerk of the City of Waterloo, Iowa, do hereby certify that
the preceding is a true and complete copy of Resolution 2017-304, as passed and adopted by the
Council of the City of Waterloo, Iowa, on the 24th day of April 2017.
Witness my hand and seal of office this 28th day of April 2017.
Le M. Even, MC, ICMC
Depu City Clerk
SEAL -
443 o 0a4 -yob
STATE OF IOWA, }
Black Hawk County, SS
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN:
Notice is hereby given that on the 24th
day of April2017, at 5:30 p.m, in the
Harold E. Getty Council Chambers in:
City Half in the City of Waterloo Iowa, a
public hearing will be held by the Council
of the City of Waterloo,Iowa to approve
the request by Tim Moyer to purchase
clry owned property, located at 1330'.
Scott. Avenue, inthe amount of $28,000
along with a development agreement and
legally described as follows:
BLACK HAWK SUBDIVISION LOT19, IN
THE CITY OF WATERLOO, BLACK
HAWK COUNTY, IOWA
Anyone who is interested may appear at
said time and place and be head or may;
file written objection with the City Clerk,
City Hall, Watedoo, Iowa, before the date
set for said hearing.
By order of the Council of the City of
Waterloo this 17th day of Apr 12017.
Kelley Felchle'
City Clerk
111111111111111111111111111111IIII11hili11101
ii
Do ID 0076 9700001 Typ GEN
Rec rded 05/04/20 7 at 04:27 10 PM
Fee Amt: $7.00 Page 1 of 1
Bla k Hawk County Iowa
SANDIE L. SMITH RECORDER
FS1e2017-00019313
I do solemnly swear that the annexed copy of legal
City of Waterloo
Public Hearing: 1330 Scott Ave.
Notice was published in the Waterloo -Cedar Falls
Courier, a daily newspaper printed in Waterloo, Black
Hawk County, Iowa, once commencing on the 19th
day of April, 2017 in the name of said newspaper, and
that the annexed rate of advertised is the regular legal
rate of said newspaper, and that the following is a
correct bill for publishing said notice.
Printer's Bill $11.75
u0kL Loh
Signed
Subscribed and sworn to before me this Iq
Day of
A.D., 20 0 7
Received of
Notary Public
the sum of
Dollars.
In full for publication of the above notice.
IIIIIIO II IIO III II IO IIO IIH OO IIO IIO III IH II
Doc ID 007620030005 Type GEN
Recorded: 05/05/2017 at 11:16:15 AM
Fee Amt: $27.00 Page 1 of 5
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2017-00019340
O
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
After recording, return to Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703.
EASEMENT AGREEMENT
(Sanitary Sewer)
This Easement Agreement (the "Agreement") is entered into as of �o ,
2017 by and between Mervyn E. Hilpipre and La Rue A. Hilpipre, husband ana wife
(collectively, "Grantor"), and the City of Waterloo, Iowa ("Grantee").
1. Grant of Permanent Easement. In consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto
Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to,
upon, over, across, and beneath the real estate (the "Premises") legally described as set forth
on Exhibit "A" attached hereto and by this reference made a part hereof.
2. Purpose. The Premises is intended for use by Grantee, its employees, contractors
and agents, to construct, install, inspect, maintain, repair, replace, operate and remove a certain
underground sanitary sewer line and facilities (collectively, the "Public Improvements") in and
upon the Premises. The parties acknowledge that, as of the date of this Agreement, the Public
Improvements have already been constructed and that there is no damage requiring repair to the
Premises or abutting lands owned by Grantor.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the Premises
to Grantee, "as is, where is", without any representation or warranty as to the condition of the
Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use.
Following transfer of possession of the Premises, Grantor shall have no further duty or obligation
with respect to the Premises, except that Grantor may conduct activities on the Premises
consistent with crop production, exercising due care not to damage the Public Improvements.
Grantor may not conduct any activities upon the Premises that would be inconsistent with
Grantee's rights under this Agreement, without the prior written consent of Grantee.
4. Grantee Duties. Grantee agrees that the following terms and conditions will
govern its use of the Easement:
ai cox -1k
3
(a) Upon completion of any future construction, repair, maintenance or other
work that Grantee undertakes on the Premises, Grantee shall be required to replace or
restore any and all damage to the Premises resulting from said work, and Grantee further
agrees to pay reasonable compensation to Grantor for any crops damaged in the course
of said work.
(b) Grantee agrees that the Public Improvements will not include any above-
ground features except for manholes, pedestals, or other improvements directly related
to and necessary for operation of the Public Improvements.
(c) Grantee will be liable to Grantor for any damage to real or personal
property, and for injury to or death of any persons, proximately caused by the acts or
omissions of Grantee, its employees, contractors, or agents, arising out of any work done
on or to the Premises in the course of exercising any of Grantee's rights under this
Agreement.
(d) Grantee shall use reasonable efforts to avoid disruption to Grantor's
business operations while Grantee, its employees, contractors, or agents, are exercising
any of Grantee's rights hereunder. Grantee shall provide timely notice to Grantor of any
scheduled work upon the Premises, unless a situation exists involving an imminent
threat of injury to persons or property in the absence of action by Grantee, in which case
Grantee will act in a reasonable manner to minimize disturbance to the Premises and
will give notice to Grantor of any action taken.
5. Miscellaneous Provisions. This Agreement shall run with the land and is binding
upon and shall inure to the benefit of the parties and their respective successors and assigns.
References in the singular number include the plural, and vice versa. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
[signatures on next page]
2
/ fig
ervyn E. ilpi sre
-72
0(4;
ILa Ru A. Hilpipre
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on tegailet 77, 2017, by Mervyn E. Hilpipre and La
Rue A. Hilpipre, husband and wife.
(71
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
Kelley Fele
, City Clerk
iiTIMANDERA
7:-COMMISSION NO.772518
" MY COMMISSION EXPIRES
'e•• APRIL11,2018
STATE OF IOWA
) ss
otary Public
BLACK HAWK COUNTY )
Acknowledged before me on ` • a , 2017, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY COVIIIS ION EE1(` P1RES
Notary Public v U
3
EXHIBIT "A"
Permanent Easement Legal Description
See attached.
Exhibit "A"
I£S9-Z£Z-6iF-1
FOLDS
VMDI `OO1ii31VM
133ats. 321OWVOAS IDS
00 30 5058'5"l"d 3D1,131:1-13VHJIPI AB O3NVdJld
DATE SIGNED: 1105/2017
0
w
w
P.L.
1..,
W WU' 00 wre
v~i W
= w J z
G¢ 0 W m w t„ w ex
O N O x m o= ,9,1T --,g4-
„, to N Zi
Z oC = Q w O
N a' m F~ =� Q X K_,„,.,:„.,.„,,,„.,u..‹ Z K d' N Z? m = O W W H
E R ,D 0 o¢ w N a Rx ~ a W
CJ cL N N O ',E2'? N OUO Z J N C W LL Z m W F K i-' N p O O Z
nw Z 4 o Z o W 0 ^I O O O zo x= x F_ LO= w N V> 2 m
u< r or,..‹..
°u s z o '~^ o o t F LL o Y u x 3 z
cc
3 W Q O 7 . g W ?• N ul LL j Z 0. Z Q f
o
Z x.:.-
=6”
g2 0 - O M a m x Z W C 1- O U W O O N m t O Q
xo oz�00Z2 utO,oOzr'�+Z, 1:,:.;1�~G0 aLLit¢7
cr
O r^ N O x Z w - Loz 0 Z X 0 0 1.1 �" 0W '"t 0 1- 3 Q 9 r- 00 m Q
a ZL.LJ Q w F- F.a1.... a O X o o+ z IF!S.- r h- O x z =^ x
.a-. x H N W _..a...,=
Q w W 2 m co g O Q d O x U w W +wit T a,4 w a o m :74O W
_ 0
ao o, �x~��x`owoou=wozm bZo �aW m2
H m a¢ 1- U, F X f m "� m xa a l7' Z W z w
Z F W¢ U O O Z N 0 Z F N N W 0¢ w^ w __ ¢
J 3 0 x t W a 1 w o 0 0 Z 3 o z x x u N e o
4 Fes. O Q X F z w m O w +e 1 m w¢ u ,_- m a H z °° F- !� O O
H w~ z m" g 3 z a"^ o LL 'a g LL O Z N i LL 00 w o t a z Z IALz Z
N z wm
wo o z U o a o s t B o` c' d ^0 • 0 u W = saw 3
U-1',0�Y zvrN^=z z ~ao o h W'a mwz¢ W I=
F�i-F z x m o
W W U= Q O t o ~ LL.,WOw L6.77 "' ?_ °' Z Z W 0 N Q j N u N F- 4 V a Z 0 F_ w LL
Hi. Iqi O Z o p +� m x u j ZO w Q
U7 U N 2z411 -u x o W = o o o o
U O Q F J ti..". N F_ }I, W m W O Z Q z w O Q W w Z w N N W 1..40;1 . .,:r.
O Q ti O m Q 3 3 pj .L z_ }Q LL' ~�} h N m 0 Z K 1L2j N N N W N {7 ti ('
Z O Q O OU Z Ow Z a m .m-1 i z u g 2 Z m oo O � m H m=¢ o Z
¢ W 0- �
1 -W07
ww
ZU
fry..o
W 0_ [i U
Q 1- Z 0 O
H
W Z W 20
H a 1 cc Cr
Z 1n F W
Z CCu_ Q
0 O 3
E
I- W
UJ
w cC 0
0_
0 >
Z ~
.. U
0
W
1-
F -
N
RI
R OF
BEARING AND DISTANCE TABLE
DISTANCE
O
m
.y
0)
O
^
N
n
N
lri
.i
O
W
N
01
180.78'I
GO
m
1J
N
b
01
n1
0000
,"1
N
of
alN
O
M
rl
No
n
d'
N
O
N
al.
N
m
N
59.89 ' I
m
n
N
M
805.15 '
N
FD
n
O
0
O
N
0
m
tni
.4
BEARING
N 88'42 '39 E
L11
+-1
N
n
r1
.i
o
N
501°25'02 " E
W
c0
N
0)
.-1
m
o..7
v1
3
m
H
N
r1
DI
Z
3
0
N
lD
1
m
0
Z
N01°25'02 " W
3
N
m
m
a
m
00
N
3
00
N
n
s
m
n
N
3
00
N
00
N
m
m
Z
3
1-1
M
O
m
e•1
0
Z
583°24'24" E
N 73°47'54" E
N 88°43 '32 " E
N 01 ° 25 ' 02 " W
N 88°42 '39 " E
3
.-1
lV
n
N
.-1
0
Z
N 88°42'38 " E
POINT
NUMBERS
N.
0
-
m
0
N
3 TO 4
4 TO 5
1D
0
111
n
0
1D
7 TO 8_I
8 TO 9
0)
0
a.
,-0
0
N.
0
N
12 TO 13
13 TO 14
VI
1-1
0
1a-1
Lla
.1
0
INi
n.
-
0
11D1
17 TO 18
18 TO 3
J
z _ WO
00 q 0- 1
0-p 00 >
W m w Z
._.Ym OO
O
u O m w U
00
m zUY
a1
00 u_-
1`. p a¢
ZU W In 2w
J Z O 17 W O
a = Y 0
rJ Z LL,
U 0
Z U a U
w a a Z J W
100Jd.--.m Q
3
W 00
}
\ O
¢ Z
00 0-
0 U
nu
.
00ec
1Zicna
POINT OF BEGINNING.
CONTAINING 311,468 SQUARE FEET 0R 7.1S ACRES
3
J 0
WID
CO
MZ
a
MO_
00 U
Nu
O'S
N
Z J
Wa
a
O
8
J WLU
W
a Nct
3 r 3
OW D
yO
mo
F_ JJ
U f
Wint.
,N3
00
m
0
LUN
w
0
CC
0
T
w
00
W
U
az oO 1".4-1-
ouNio�r
W
01 U W Z
m Y L 0 0
000Z - O
w O O
Z 0000000(0-
0W0 = W
Z O N 0 O
r a = Y m
JOUF_00
W m a a Z J W
to
0
O 10
aur
O mIn
xa 00
¢ m 0
O 00(0
0 O
30 mm
n w
Lo
ma mm
N 3 __
} O
coW 00
N 00
o a
N r
a u
THIS SHEET
Z +'
0
O
M
UJ
p
_J
U) Q
— CJ
0
2 U
W
.-
0
x000
03
1m
maz
,3W
J ¢
O
_I,-
mrz
COON H3ONVM
m
n
3
co
m
a
cr
ow
mM
�o
313_