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Home My WebLink AboutHurst Holding Co.-6/22/2015Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 EASEMENT AGREEMENT (UTILITY) THIS EASEMENT AGREEMENT is entered into by and between Hurst Holding Co., Inc. ("Hurst") and the City of Waterloo, Iowa ("City"). WHEREAS, Hurst is the owner of real estate legally described as: See attached Exhibit "A" ("Hurst Property"). WHEREAS, the parties wish to grant City an easement on Hurst Property for the right to construct utilities. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. Hurst does hereby grant and convey to the City, its successors and assigns, and to any private corporation, firm, or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, natural gas, electricity, communication service, or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under Hurst Property as shown on the attached Exhibit "B" ("Easement Premises"). 2. Construction. City will be responsible for any construction work for initial installation of the utilities. All utilities shall be located underground. City will take reasonable steps to restore the Easement Premises to its original condition prior to the construction of the utilities. Once installed, the utilities shall become City owned infrastructure. No hook-up to the utilities is allowed without consent and approval of the City and compliance with all applicable City ordinances including without limitation payment of any connection or tapping fees. 3. Running of Benefit and Burdens. All the provisions of this Agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties. 4. Indemnification. City agrees to defend, protect, indemnify and hold harmless Hurst from an against all claims, demands, liens, costs, losses, expenses and liabilities of any kind, including attorney's fees, arising out of or resulting from or related to the construction, installation or maintenance of utilities in, on, or about Easement Premises. 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. Hurst Holding Co., Inc. By: Richard H. Hurst Its: President City of Wat rloo, Iowa By: £ane -Clark, Mayor Emabt ATTEST: Suzy Scha es, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This record was acknowledged before me on this / ` day of ej (A a, 2015, by Richard H. Hurst, as President of Hurst Holding Co., Inc. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This record was acknowledged before me on this 21 day of J u'�� 2015, by Eugene Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. e%" NANCY I-IIGBY Tr COMMISSION NO.788229 O * MY COMMISSION EXPIRES Notary Public Ph1.PAa P11111 -t Alan F4,/411118 ASSr11 IA TPS, 11,4 Ir, PAST01A1ri:ITUFET P.U. 8118791, MARSHA( h,J OWN IOK'.k'Dl sh.I'IIONQ. PLAT OF SURVEY '.3511711'[ 1 O7.I P A,.`atllfl PrINI84 I mYtllr3nFIR FOOD S/8' 11201 rdrff0 PLASM CAP #12090 a 5F A FOUND 1,7 RED A A117-7,1% :ilkii1114WiPTrrAiVTHU4 nav 31ww (G88'3427i1 (53705'13.5' Sa9`OJ'11'8 7'0WER PARK DRIVE (so` ,Row) (str,11131) 1411,501 54741111 358 Sr' `• '�Pf•Y 0000.18 LOT f N110 51S' MBAR *MEC PLASTIC CAP 41:088 PARCEL Nn 0,36 ACRES 1.4 •ep cap 00 G0T3 PIf,E NO 2009-00015774 PINI OF BEGINNING SW CORNEA 1 OT FOUND 5/8' RE BAN w4tE0 PLASTIC CAP 412888 00020 5/®' RE8AR *WED PLASTIC CAP M12098 101,AD 5!8' 01000 .0031 PlA85C CAP ,1201E }{7.10' —_ --♦ 1,5001-r.'01) FISHER DRIVE (00' ROW) DEScRIPiISIN PARCEL PARCEL le LOCATED 314 THE NORTI (NEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, SACK HAWK COUNTY, IOWA MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF A CERTAIN PARCEL OF LAND DESCRIBED A8 LOT 3 OF TOWER PARK NO, 6 AND RECORDED IN FILE NO. 2039-000167741N THE OFFICE OF THE RECORDER, BLACK HAWK COUNTY, IOWA; THENCE, N881410'W 60.00' ALONG THE NORTH RIGHT OF WAY UNE OF FISHER DRIVE, AS PRESENTLY ESTABUSHED; THENCE, SCE, N1726YT0'W 310.66' TO THE SOUTH RIGHT OF WAY UNE OP TOWER PARS( DRIVE, A8 PRESENTLY ESTASI JSIIED; THENO'E, S55'03'11'E Ti8.0V ALONG SAID SOUTH RIGHT OF WAY UNE TO THE NORTHWEST CORNER OF 3420 LOT 3: THENCE, 5028'00E 31020 ALONG THE WEST UNE OF SAID LOT 3 TO THE POINT OF BEGINNING. PARCEL 4d' CONTAINS 0.36 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY, OWNER OF RECORD: HURST HOLDING CO, INC. SURVEY REQUESTED BY: SETH GREEN FIELD WORK COMPLETED: 51.2015 0300504_3 A GOVERNMENT CORNER MONUMENT FOUND , GOVERNMENT CORNER MONUMENT SET 1/2° x 30' REBAR w/ORANGE PLASTIC ID CAP #171622 49 PARCEL OR LOT CORNER MONUMENT FOUND O SET 8/7x30' PEBAR w/ORANOE PLASTIC ID CAP #17162 () RECORDED A9 NOTE: ALL BEARINGS ARE THE RESULT OF C.P,3, OBSERVATIONS. HURST HOLDING COMPANY SURVEY IN THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SECTION 989.13 CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA 1 hereby celery dial tideland alaveyln5 document was prepared and the (misled eu!Vay work was performed by me or oder my direct personal supervision and that em a duly Lkaneed Professional Land Surveyor under the laws of IN State of Iowa. Travis R. Stewart, PLS date Iowa license Number 17102 My Lcenae Renewal Date Is Decamoer 31, 2015 Pages or sheets covered by Vas seal:- _ THIS SHEET L44.4 1 A s;;rra lr� ItiF•19,1ahL4.1 2* U.azaelwe ra c°! .adh1 WLB les tc i r000., ;;1 w. 5-5-20,5 5548,05 Exhibit «B„ PREPARE) BY- CLAPSAOOLE-GARBER ASSOCIATES. INC. 16 EAST MAIN STREET. P.O. BOX 754. MARSHALLTOWN. IOWA 50158- PHONE 641-752-6701 4 PLAT OF SURVEY UTILITY EASEMENT TOWER PARK DRIVE (so' Rows 19717' •. ` p SIRITH EDWY LINE RIM PARK FOUND 5/8' KEBAB w/RED PLASTIC CAP #12088 10.00' UTILITY EASEMENT 0.09 ACRES 1009 .569°0311'E 54.E //,22,%/,I ,% `NW CORNER LOT 3 ------S3iD03111 _-. 350.55' FOUND 5/8' MBAR wISIED PLASTIC CAP #12083 FOUND 5/8' REBAR w/RED PLASTIC ----- CAP #12088 OUSTING 10.09 MP( EASEMENT PARCEL "IV" 5 It I! LOT 3 FILE NO. 2009-00015774 ha—{ EXISTING 5A0 U11U1Y EASEA4ENT TO BE VACATED 1 FOUND 12' REBAR R1 LLNEF -6 3-3450-W DESCRIPTION PUBLIC UTILITY EASEMENT A 10.00' WIDE PUBLIC UTIEI1 Y EASEMENT IN PARCEL 'N' LOCATED IN THE NORTHWEST 1/4 OF THE NORTHEAST 1 14 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10.00', THE SOUTH 10.00'. AND THE WEST 10.00' OF PARCEL '1,1" LOCATED IN THE NORTHWEST 1/40FTHE NORTHEAST 1/4 OF SAID SECTION 9. PUBLIC UTILITY EASEMENT CONTAINS 609 ACRES. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY. DESCRIPTION PUBLIC UTILITY EASEMENT VACATION AN EASEMENT VACATION OF A PART OF A 5.00 WIDE PUBLIC UTILITY EASEMENT LOCATED IN LOT 3, TOWER PARK NO. 5, IN THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 6TH P.M., CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 5,00' OF SAID LOT 3, EXCEPT THE NORTH 10.00 AND THE SOUTH 10,00' THEREOF. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD, IF ANY, DR 50.00' 589'383681' SW CORNER LOT 3 FOUND 5/8' REBAR w/RED PLASTIC CAP #12088 EXISTING 10.00 UTILITY EASEMENT K8934`5II'W FISHER DRIVE (so' Row) OWNER OF RECORD: HURST HOLDING CO., INC. SURVEY REQUESTED BY: SETH GREEN FIELD WORK COMPLETED: 5.1-2015 FOUND 5/8' REBAR w/RED PLASTIC CAP *12688 LEGEND: A GOVERNMENT CORNER MONUMENT FOUND A GOVERNMENT CORNER MONUMENT SET 1/2'x30' REBAR w/ORANGE PLASTIC ID CAP #17162 • PARCEL OR LOT CORNER MONUMENT FOUND O SET 1/2' x REBAR w/ORANGE PLASTIC ID CAP #17182 (1 RECORDED AS NOTE AU. BEARINGS ARE THE RESULT OF G.P.S. OBSERVATIONS. N A SCALE 1'=80 0 60' PUBLIC UTILITY EASEMENT AND EASEMENT VACATION IN THE NORTHWEST 1/4 OF 11H5 NORTHEAST 1/4 OF SECTION 9.85.13 CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA I hereby certify that this land surveying docwnent was prepared and the related survey wank was perk:mad ad by me or under my direct personal supervision and that I am a duly Licensed Profeselonal Land Surveyor under the Taws of the State at Iowa. Travis R. Stewart, PLS date Iowa Ucense Number 17162 My License Renewal Date is December 31, 2015 Pages or sheets covered by this a THIS SHEET CLB11Saddle-Onber AnoNeas. Ipc PAPP Main Sired Msahelitawn.Ewa 50158 Ph 641.752-8701 R CRAM SHEET NM WLB 1 DATE 5-5-2015 PROJECT NO, 5548,05 tra,s, ,d a's.NL9y-I'IWfT,-[S4tn '!tar, W