HomeMy WebLinkAboutCity of Cedar Falls-12/17/2012CITY OF CEDAR FALLS, IOWA
TEMPORARY EASEMENT CONTRACT
PROJECT Leversee Road/Lone Tree Road Reconstruction
Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
Page 1
PARCEL NO. 7 PROJECT NO. RC -000-3013
THIS AGREEMENT made and entered into this day of j)!.i_.vt4_b_y, A.D., 2012 by and
between the City of Waterloo, Iowa, Seller, and the City of Cedar Falls, Iowa, Buyer.
1. SELLER GRANTS to the Buyer a temporary easement, hereinafter referred to as the premises,
described as follows:
A parcel of land situated in part of the southwest 1/4 of Section 32, Township 90 north,
Range 13 west of the 5th Principal Meridian, City of Waterloo, County of Black Hawk,
State of Iowa, described as follows.
Commencing at the west 1/4 corner of said Section 32, thence south 01° (degrees) 23'
(minutes) 02" (seconds) east (assumed bearing for the purpose of this description) on
the west line of the southwest 1/4 of said Section 32, a distance of 1993.07 feet; thence
north 88°38'50" east, 33.00 feet to the present easterly right-of-way line of Leversee
Road, being the point of beginning of the parcel of land herein described; thence
continuing north 88°38'50" east, 27.00 feet; thence south 01°23'02" east, 43.00 feet;
thence south 88°38'50" west, 27.00 feet to the present easterly right-of-way line of
Leversee Road; thence north 01°23'02" west on said present easterly right-of-way line,
43.00 feet to the point of beginning.
Containing 1,161 square feet or 0.03 acre.
and shown on Pages 4 & 5, for the purpose of street reconstruction. The premises also includes
all estates, rights, title and interests, including all easements, and all advertising devices and the
right to erect such devices as are located thereon, and the following buildings, improvements and
other property: none. SELLER CONSENTS to any change of grade and accepts payment under
this contract for any and all damages arising therefrom. SELLER ACKNOWLEDGES full
settlement and payment from the Buyer for all claims per the terms of this contract and
discharges the Buyer from liability because of this contract and the construction of this public
improvement project.
2. Possession of the premises is the essence of this contract and SELLER GRANTS Buyer
immediate possession of the premises.
3. Buyer agrees to pay the Seller the Total Lump Sum of $100.00 on or before the 1st day of
January, 2013. Buyer may include mortgagees, lienholders, encumbrancers and taxing authorities
as payees on warrants as contract payment.
4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except:
none.
5. It is agreed that the right of temporary easement granted by this contract shall terminate upon the
completion of this project. If this contract is recorded, the City will release the said easement
rights after the project has been completed by recording a Release of Temporary Easement.
Buyer will provide Seller with a copy of Release after recording.
Page 2
6. Each page and each attachment is by this reference made part hereof and the entire agreement
consists of 5 pages.
7. Buyer agrees that any drain tile which are located within the premises and are darrr2g d by
construction shall be repaired at no expense to Seller. Where Buyer specifically agrees to
construct and maintain fence, the fence shall be constructed and maintained for vehicle access
control purposes only at no expense to the Seller. Buyer shall have the right of entry upon Seller's
remaining property along the right of way line, if necessary, for the purposes of connecting said
drain tile and constructing and maintaining said fence. Seller may pasture against said fence at
his own risk. Buyer will not be liable for fencing private property or maintaining the same to
restrain livestock.
8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as
tenants in common at the time of this contract, Buyer will pay any remaining proceeds to the
survivor of that joint tenancy.
9. This written contract constitutes the entire agreement between Buyer and Seller and there is no
agreement to do or not to do any act or deed except as specifically provided for herein. This
contract is subject to the approval of the Cedar Falls City Council.
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the
Buyer, we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid.
... ciL c-,._?_.. L)
Suzy Schar 18Lick Clark
City Clerk Mayor
City of Waterloo, Iowa City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
STATE OF IOWA, BLACK HAWK COUNTY, ss:
This instrument was acknowledged before me on the ! t day ofLi-eal4f.&_,-, 2012, by Suzy
Schares, City Clerk in the City of Waterloo and Buck Clark, Mayor of the City of Waterloo.
N%tary Public in and for the S e of Iowa
Page 3
MUNICIPALITIES ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
This instrument was acknowledged before me on the day of , 2012, by Jon
T. Crews, Mayor, and Jennifer Rodenbeck, CPA, CPFO, Finance Manager/City Clerk, of the City of
Cedar Falls, Iowa.
Notary Public in and for the State of Iowa
BUYER'S APPROVAL
By:
Jon T. Crews, Mayor (date)
By:
Jennifer Rodenbeck, CPA, CPFO (date)
Finance Manager/City Clerk
PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
ACQUISITION PLAT
TEMPORARY EASEMENT
CITY OF CEDAR FALLS, BLACK HAWK COUNTY, IOWA
OWNER: CITY OF WATERLOO, IOWA
COUNTY PARCEL NO. 9013-32-351-001
W 1/4 CORNER
SEC. 32-90-13W
FND. 1/2" REBAR
P.O.B.
TEMPORARY EASEMENT
NUMBER
BEARING
DISTANCE
1 - 2
N88°38'50"E
27.00'
2 - 3
S01 °23'02"E
43.00'
3 - 4
S88°38'50"W
27.00'
4 - 1
N01 "23'02"W
43.00'
S01 °23'02"E 2653.40'
EXISTING 20' UTILITY EASEMENTcc
- S 1/4 CORNER
SEC. 31-90-13W
FD. 1" IRON PIPE
N88°48'56"E
2653.35'
-12
--------------------------------------------------
LAKE STREET (66.00' RAN)
DATE SIGNED: 09-19-2012
I hereby certify that this Lard Surveying
document was prepared by me or under
my direct personal supervision and
that 1 am a duly Licensed Land Surveyor
¢r the t State of Iowa.
HAEL R. AGLE Dote
License number 8505
Xy license renewal date is December 31.2012
Pages or sheets covered by this seal:
cdFF TSI AND 2 OF 2
AECOM
S01 "23'02"E 1993.07'
N88°38'50"E 33.00'
SW CORNER
SEC. 32-90-13W
FD. 3/8" REBAR
LEGEND
500.00' M = MEASURED
500.00' R = RECORD
= FD IRON PIN
0' 50' 100'
200'
SCALE
SHEET 1 OF 2
PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531
ACQUISITION PLAT
TEMPORARY EASEMENT
CITY OF CEDAR FALLS, BLACK HAWK COUNTY, IOWA
OWNER: CITY OF WATERLOO, IOWA
COUNTY PARCEL NO. 9013-32-351-001
DESCRIPTION: TEMPORARY EASEMENT
A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 32, TOWNSHIP 90 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY
OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS.
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 32, THENCE SOUTH 01° (DEGREES)
23' (MINUTES) 02" (SECONDS) EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION) ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 32, A DISTANCE
OF 1993.07 FEET; THENCE NORTH 88°38'50° EAST, 33.00 FEET TO THE PRESENT EASTERLY
RIGHT-OF-WAY LINE OF LEVERSEE ROAD, BEING THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 88°38'50° EAST, 27.00 FEET; THENCE
SOUTH 01°23'020 EAST, 43.00 FEET; THENCE SOUTH 88038'500 WEST, 27.00 FEET TO THE
PRESENT EASTERLY RIGHT-OF-WAY LINE OF LEVERSEE ROAD; THENCE NORTH 01°23'02° WEST
ON SAID PRESENT EASTERLY RIGHT-OF-WAY LINE, 43.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,161 SQUARE FEET OR 0.03 ACRE.
AECOM
SHEET 2 OF 2