HomeMy WebLinkAboutMt. Carmel Baptist Church-11/13/2012(•) i(+50
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Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA, 50703
Attn: Tim Andera
PERMANENT EASEMENT AGREEMENT
his Pertarient Easement Agreement (the "Agreement") is entered into as of
, by and between the City of Waterloo, Iowa ("City") and Mt. Carmel Baptist
Church ("Grantor").
1. Grant of 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 City, and City does
hereby accept, for the purposes stated herein, 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. Grantor shall be compensated
$142.60 for the grant of said Easement. Grantor acknowledges and agrees that the general public
will benefit from the Easement.
2. Purpose. The Premises is intended for use by City for construction, maintenance,
repair, and replacement of a sidewalk for general public use (the "Project"), including but not
limited to staging and site preparation and improvements upon the Premises. Grantor agrees that
City may erect temporary barriers to exclude persons not engaged in Project activities.
3. Grantor Duties. Grantor shall allow City access to the Premises, "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 City's use.
4. Conditions to Grant of Easement. The parties agree that this Agreement is subject
to the following terms and conditions:
a. Maintenance. Following completion of the sidewalk, Grantor shall be solely
responsible for removal of snow and ice therefrom in compliance with applicable city
ordinances and for future repair and maintenance of the sidewalk.
5. Authority. The persons executing this Agreement represent and warrant that they
are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the
party on whose behalf they are signing.
6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. 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. This
Agreement may be executed in counterparts. References in the singular number include the plural, and
vice versa.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF W, , TERLOO, IOWA
13y:
1f�1/
Ernest G. Clark, Mayor
Attest: 'y
Suzy Sch
STATE OF IOWA
s, City Clerk
) ss.
BLACK HAWK COUNTY
Acknowledged before me on
as
MT. CARMEL BAPTIST CHURCH
,C��tdt� r�2�ctL
By:/�N E
Title: De:AC:L.7in 5
STATE OF IOWA
) ss.
BLACK HAWK COUNTY
Acknowledged before me on ,{ ` ` fir k7.12. -by Ernest G. Clark and Suzy Schares
as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
~---Nar)kPublic
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