HomeMy WebLinkAboutCity of Cedar Falls-12/17/2012 (3)City of Cedar Falls
Department of Developmental Services
220 Clay Street
Cedar Falls, Iowa 50613
319-273-8606
FAX 319-273-8610
TRANSMITTAL
DATE: January 21, 2013
TO: Noel Anderson, Director
Planning and Zoning Department
715 Mulberry Street
Waterloo, IA 50703
FROM: Barb Hugi, Planning Technician
RE: Leversee Road & Lone Tree Road Reconstruction Project
Project No. 3013, Parcel 7
ITEMS # DESCRIPTION
1 copy
Executed Temporary Easement Contract
1 copy
Executed Temporary Easement Agreement
1
Check in the amount of $100.00
COMMENTS: Noel - enclosed are copies of the executed easement documents which were
approved by the City Council on December 26, 2012. Also enclosed is the
check in the amount of $100.00. Please contact me if you have any questions
or comments regarding the easement or the reconstruction project in general.
Thanks for your cooperation on this matter.
xc: Randy Lorenzen, P.E., City Engineer
Bob Seymour, Community Services Manager
Please return this copy to:
City Clerk & Finance Department
715 Mulberry Street
Waterloo, IA 50703
Prepared by: Barb Hugi, 220 Clay Street, Cedar Falls, IA 50613 (319) 273-8606
TEMPORARY EASEMENT
We, the undersigned the City of Waterloo, Iowa (hereinafter "Grantors"), in
consideration of One Dollar ($1.00) and other valuable consideration, the receipt of which is
hereby acknowledged, do hereby grant and convey to the City of Cedar Falls, Iowa
(hereinafter "Grantee"), its successors and assigns, a temporary easement over, under, and
across the real estate legally described below, for purposes of construction, reconstruction,
replacement, and repair of Leversee Road and Lone Tree Road, together with the right of
ingress to and egress from the real estate described below, in order to perform all work and
do all other things necessary or appropriate to exercise all rights granted to Grantee in this
easement.
Said easement is granted over the following described real estate owned by
Grantors to -wit:
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.
This easement shall be temporary in nature, shall benefit and shall be binding upon
Grantors and Grantee, and their respective heirs, personal representatives, successors and
assigns, and shall constitute a covenant that runs with the Grantor's land.
Page 2
Upon completion of any construction or maintenance work undertaken by Grantee
upon the above-described real estate, the Grantee shall be required to replace or restore
any and all damage to said real estate resulting from said construction or maintenance work
as is reasonable under the circumstances.
day of Q , 2012.
Lf -
el
chars Buck Clark
City Clerk Mayor
City of Waterloo, Iowa City of Waterloo
715 -Mulberry Street
Waterloo, IA 50703
Dated this
Lcc
STATE OF IOWA
) ss.
COUNTY OF BLACK HAWK
This instrument was acknowledged before me on
by Suzy Schares, City Clerk for the City of Waterl'o an
Waterloo.
My Com9lissiop Expires:
Dc Clark, Mayor of the City of
, 2012,
ota Public intend for the S Iowa
ACCEPTANCE OF EASEMENT
The City of Cedar Falls, Iowa ("Grantee"), does hereby accept and approve the
foregoing Easement.
Dated this 7 day of
&111.1411/, 2011.
CITY OF CEDAR FALLS, IOWA
Jon . .Crews, Mayor
EST:
t,t-
c.,l;l�-C
Fnnifer Ro• nbeck, CPA, CPFO
' ance Manager/City Clerk
Page 3
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on �iAuQ/ y 9, c2d 13 , 20421 by
Jon T. Crews, Mayor, and Jennifer Rodenbeck, CPA, CPFO, Finance Manager/City Clerk,
of the City of Cedar Falls, Iowa.
My Commission Expires:
9-/G O/9
A - A. ,
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of Iowa
C1a fil l State
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Commission Number 198449
®
My Commission Expires
'''
September 16, 2013
CITY 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 1).11,414_be_V, 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 damaged 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.
Suzy Schar
City Clerk
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, IA 50703
STATE OF IOWA, BLACK HAWK COUNTY, ss:
This instrument was acknowledged before me on the 1_1 day ofiStUAL6-e--, 2012, by Suzy
Schares, City Clerk in the City of Waterloo and Buck Clark, Mayor of the City of Waterloo.
uck Clark
Mayor
City of Waterloo
N Mary Public in and for the S
Page 3
MUNICIPALITIES ACKNOWLEDGMENT
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
This instrument was acknowledged before me on the '1* day of�1lU1 of , 201,, by Jon
T. Crews, Mayor, and Jennifer Rodenbeck, CPA, CPFO, Finance Manager/City Clerk, of the City of
Cedar Falls, Iowa.
BUYER'S APPROVAL
By:
By:
Jon T. Cre s, Mayor
e)
11 /,.12, �.
I• ry
Jifer Rodbeck, CPA, CPFO
F1cybnce Manager/City Clerk
(date)
P
blic in and for the State of I
JACQUELINE K DANIEISEN
CommlBSlan Number 198449
My Commission Expires
September 16, 2013
•
wa
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
51190.1314
31 9
SSC
P.O.B.
TEMPORARY EASEMENT
NUMBER
BEARING
DISTANCE
1 - 2
N88°38'50"E
27.00'
2 - 3
501023'02"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 EASEMENT
— S 1/4 CORNER
SEC. 31-90-13W
FD. 1" IRON PIPE
N88°48'56"E
2653.35'
2
w
Iw
ILL
----------------------------------------------------
LAKE STREET (66.00' R/W)
DATE SIGNED: 09-19-2012
I hereby certify that this Land Surveying
document vas prepared by me or under
my direct personal supero is Ion and
that 1 am a duly Licensed Land Surveyor
unir the ,gait_ t State °f love.
I HAEL R. FAGLE Date
License number 8505
My Iicense renewal date Is December 31.2012
Pages or sheets covered by this seal:
SHEETS 1 AND 2 OF 2
AECOM
S01 023'02"E 1993.07'
N88°38'50"E 33.00'
SW CORNER
SEC. 32-90-13W
FD. 3/8" REBAR
LEGEND
500.00'M 0 MEASURED
500.00' R 0 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°23'02* 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.
AECOM
SHEET 2 OF 2