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HomeMy WebLinkAboutHenery and Lorene Wellnitz-6/11/2012Prepared 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 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of lociI d I by and between the City of Waterloo, Iowa ("City") and Henry T. and Lorene J. Wellnitz ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $102.34 for use of said Easement. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and fmishing and cleanup. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. 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 TERLOO, IOWA By: rnest G. ClarW, Mayor Attest o --*4:=) Suzy Sch res, City Clerk 2 GRANTOR STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me onAOC Lytru_ cAtek(4(1-- y2�2olby UM(v�i-iz otary Public DF9©IF ^OLDSMI H CoT.missic:', +4o.721108 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 3,..»,„ 1t., ( - ,` iy Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectivel • f the ty of Wa,terloo, Iowa. Public 3 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 2133 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of JA ti 4 I 12-6 0-- , by and between the City of Waterloo, Iowa ("City") and Patrick J. and Michael F. Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $189.59 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to 2141 Logan Avenue. Grantor gives an unobstructed temporary construction easement as shown on attached Exhibit "A" across the rear portion of their property to allow for the owner and tenants of 2141 Logan Avenue a means of access to their property while their said driveway is under construction. The Easement shall terminate upon City's completion of all Project activities, and the area returned to its previous state of condition before access commenced across the rear yard of the Grantor's property. 5. 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. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the 2 indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 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 ATERLOO, IOWA By: rnest G. Clark, Mayor Attest: Suzy Sch es, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) GRANTOR Pat 'ck J. Narey Michael F. Narey Acknowledged before me on f fl rf.# ) 100 , byip i c i1 ie 1 / Ja / t . ft + ic(l 1. Pei eX,6-47— Notary Public 0 0 Zlira O DANIELLE A. CULREIRT r. COMMISSION NO. 7=C(37 -AY �.uaAl ION (P!:;; 3 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on i\4 t { , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respective of the City of Water oo, Iowa. Notary 'ublic 3 ;1 ,y 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 2133 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of ' 1.1 , "'(,)— by and between the City of Waterloo, Iowa ("City") and Patrick J. and Michael V. Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $189.59 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to 2141 Logan Avenue. Grantor gives an unobstructed temporary construction easement as shown on attached Exhibit "A" across the rear portion of their property to allow for the owner and tenants of 2141 Logan Avenue a means of access to their property while their said driveway is under construction. The Easement shall terminate upon City's completion of all Project activities, and the area returned to its previous state of condition before access commenced across the rear yard of the Grantor's property. 5. 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. o 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the 2 indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 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 By: RLOO, IOWA E est G. Clark, Mayor Attest Suzy Sches, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) GRANTOR 1‘--a)ick J. Narey SII! )91 IJ Michael F. Narey Acknowledged before me on illarcA Ur, O J , by f ch.!) Akre y 441 P !' g Ala rq DANIELLE A. CULBERT COMMISSION NO. 740087 iY t , 1 &SION EXPIRES Oa go eeir Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on (A ‘)--v'u,. i I l l P—, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Wate loo, Iowa. o ary ublic 3 3J4,1 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 2073 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of T o-, 10 ,?/-)1.;,?; by and between the City of Waterloo, Iowa ("City") and Nareys Nineteenth Hole, Inc. ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $402.62 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to the property. Contractor shall stage construction to allow that at least 1 of the 2 entrances to 2073 Logan Avenue remain open during the duration of the project. d. Removal of Signage. In the event that the project requires the removal of the sign on the property at 2073 Logan Avenue, the City will cover the costs of relocation of the sign. e. Removal of Shrubs. In the event that the project requires the removal of shrubs on the property at 2073 Logan Avenue, the City will cover the costs of their replacement. f. Replacement of Concrete. Where concrete is removed as a part of the project, contractor shall replace removed concrete with new concrete. 5. 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 2 Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. TERLOO, IOWA GRANTOR By: Ernest G. Clark, Mayor Attest;_ Suzy Scres, City Clerk STATE OF IOWA BLACK HAWK COUNTY ) Acknowledged before me on M o v cin 15/2q2_, by T o 34i 7 4 Morey SS. osekk (at -NQ i / Fok areys Nineteenth Hole, Inc. By: HQ c-y$&'LJ? �e Its: Gavir'eft. STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Notary Public 3 Acknowledged before me on ,wVL 1( f 2--- , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectivel o he ' of Waterloo, Iowa. Public 4 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 2073 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of by and between the City of Waterloo, Iowa ("City") and Nareys Nineteenth Hole, Inc. ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $402.62 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents. may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. c. Unobstructed access to the property. Contractor shall stage construction to allow that at least 1 of the 2 entrances to 2073 Logan Avenue remain open during the duration of the project. d. Removal of Signage. In the event that the project requires the removal of the sign on the property at 2073 Logan Avenue, the City will cover the costs of relocation of the sign. e. Removal of Shrubs. In the event that the project requires the removal of shrubs on the property at 2073 Logan Avenue, the City will cover the costs of their replacement. f. Replacement of Concrete. Where concrete is removed as a part of the project, contractor shall replace removed concrete with new concrete. 5. 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 2 Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 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 ERLOO, IOWA GRANTOR By: HO Ernest G. Clark, Mayor For Nareys Nineteenth Hole, Inc. By:%/a /S 1941—Aielm JAi Its: ©WH'e j' Attest Suzy Sch. es, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) /Vt,YJ,1 1S, 20)Z , by . D5efl,i /Vo4-7 Notary Public 3 ,,IA, PAM BENNER COMMISSION NO. 196461 o -- a MY COMMISSION EXPIRES '0 <-1Q-I3 Acknowledged before me on vti ' ( 261 , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. otar Public 4 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 EASEMENT AGREEMENT ► � 13D This Easement Agreement (the "Agreement") is entered into as of s by and between the City of Waterloo, Iowa ("City") and William W. and Donna M. McDermott ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $150.45 for use of said Easement. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Proj ect"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal., variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. 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 By: Ernest G. Clark, Mayor Attes Suzy Sc ares, City Clerk 2 GRANTOR William W. McDermott onna M. McDermott DA WAY— %k i STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on D e, c , 2 al o t 1 , by W 111 i am UJ (Nl c () e r mot(' Lonna. h'l - Uhc.I(k/ iv► STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) TAMMY FOUTS Commission No.76i41 My Com issi.n i=xnirec I Acknowledged before me on lj 1( 0-81 2—, by E . - st G. Clark and Suzy Schares as Mayor and City Clerk, respectivel the ity of Wate rloo, Iow Notary Public 31p-kftlf 3 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 2051 & 2055 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of j 01‘4_, . i ( ' (�; by and between the City of Waterloo, Iowa ("City") and Joseph P. ,r1%;04r%� :,.^Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $168.30 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. 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. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 2 4 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 j TERLOO, IOWA GRANTOR B nest G. Clark, Mayor Jiph y STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on STAIb OF IOWA ) ) ss. BLACK HAWK COUNTY ) sa �� t 1�¢ R®/ . Nare M1X 61.4- 15 j 2 I z , by J-Dsepin Po.. -j' IJo.Y7 Notary Public ,.w'"" s ,A., o a 00,.. PAM BENNER COMMISSION NO. 196461 MY COYMISSION EXPIRES 5 -15-13 Acknowledged before me on (k.)t� 0 1 1 by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively of the ity of Water s o, Iowa. blic 3 k • 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 2051 & 2055 Logan Avenue, Waterloo IA 50703 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of t G / 2-0 by and between the City of Waterloo, Iowa ("City") and Joseph P.X5113XXISMOODE Narey ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $168.30 for use of said Easement. The Easement shall terminate and be returned to its previous and original condition upon City's completion of all Project activities described in Section 2 below. 2. Purpose, The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. Grantor agrees that City may erect temporary barriers to exclude persons not engaged in Project activities. The term of the project shall end no later than August 31, 2012. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. b. Snow removal; variance to ordinance. Following completion of the Project, including periods following termination of the Easement, City shall remove, or cause to be removed, accumulations of snow and ice from the sidewalk to facilitate pedestrian safety and handicapped accessibility. Grantor agrees that City, its employees and agents, may dispose of such accumulations by throwing or scooping same onto abutting property of Grantor. City shall have no other duties hereunder with respect to ongoing maintenance of the sidewalk or any related Project improvements. The duty of City to remove snow and ice shall terminate when Grantor's property is redeveloped for commercial purposes from its current use or comes under ownership by Allen Memorial Hospital Corporation, HV Waterloo LLC, or an affiliated entity or successor entity of either of them. The promises made by City in this paragraph are made with recognition of the fact that snow removal in this vicinity is especially difficult and burdensome because the sidewalk will be located within a few feet of Logan Avenue and as a result it is expected that the sidewalk will receive large quantities of snow in connection with plowing of the highway. The parties recognize that the duty City is assuming under this paragraph is a special exception and variance to section 7-1-2(B)(2) of the Waterloo Code of Ordinances, which requires the property owner to remove accumulations of snow and ice, and that such variance will be effective only for the limited term prescribed in this paragraph. The provisions of this paragraph shall not be construed as creating a duty in favor of the general public. 5. 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. 6. Hold Harmless. Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. Except as may be caused by the negligent or willful acts or omissions of Grantor, its officers, directors, shareholders, employees, agents, representatives, or patrons (each an "indemnified party"), and to the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold the indemnified parties harmless from and against any and all liability, loss, damage, injury, or expense, including reasonable attorney's fees, or any claim or lawsuit for liability, loss, damage or injury, arising out of or resulting from the acts or omissions of Grantee, its employees, agents or representatives relative to the construction project. 2 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 WTERLOO, IOWA GRANTOR By: ,CL5 , Pat NYO RZ@ c Jo ph P. Narey Ernest G. Clark, Mayor Attest: uzy Sc ares, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on MC /`/( arc 15 / 2°J Z , by ` j d s# P.. Aar y Notary Public ,•"`"` s s : a ti 0... PAM BENNER COMMISSION NO. 196461 MY COMMISSION EXPIRES 5—, R — / STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on UY\ L. nI , , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the ty of Water oo, Iowa. Notary "ublic 3 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 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of_� �ti' - �) 1 0 3, by and between the City of Waterloo, Iowa ("City") and Allen Memorial Hospital Corp. ("Grantor"). 1. Grant of Temporary Easement; Termination. 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, a temporary 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 $534.32 for use of said Easement, which includes $400.00 for the relocation of 2 trees. The Easement shall terminate upon City's completion of all Project activities described in Section 2 below. 2. Purpose. The Premises is intended for use by City for purposes incidental to construction of a sidewalk (the "Project"), including but not limited to staging and site preparation, construction, placement of footings, walls and other structures and improvements upon the Premises, and finishing and cleanup. 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, which shall survive the term of the temporary Easement: a. Expenses. As against Grantor, City shall solely bear all responsibility, cost, and expense for design, construction, and any other work relating in any way to the Project and Project improvements. 5. 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 WATERLOO, IOWA GRANTOR By: rnest G. Clark, Mayor Attest Suzy Schres, City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) For Allen Hospital Memorial Corp. By: PMl f ITC" Its: CED Acknowledged before me on / /q- /2 , by naval ,30 SHEILA K. DOLAN COMMISSION NO. 101944 .., DO IS ION y- PIRES STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on TOYS I (, L2 ( (9- , by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the ity of Waterloo, Iowa. 2 '/Sti PROJECT: Logan Avenue Sidewalk Project PARCEL: 8913-11-476-060 and 8913-11-476-072 OWNER: Allen Memorial Hospital OFFER TO DONATE FORM As owners of real estate needed for the above -referenced project and parcel, and acknowledging the fact that (I) (We) are entitled to just compensation of the subject property, nevertheless, desire to donate the property. (I) (We) waive such compensation rights and will execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any nature. Date For Allen Memorial Hospital By: 7'47 € iiT� Its: CEO State of Iowa ) Black Hawk County ) ss. On this /'day of ut 20/a, before me the undersigned, a Notary Public in and for the Co ty ofK , State of "T„, w,a , personally appeared "i:,'/,., 1.44i-r/s , to me known to be the person named in and who executed the foregoing instrument and acknowledged that h executed the same as h % s voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. SHEJL 1K. DOLAN COM SSION NO, 101944 MY COM ISSIQN EXPIRES at,,z) P bhc for the State of Iowa 0 TEMPORARY CONSTRUCTION EASEMENT 40 80 1 INCH = 40 FEET EAST 209.2 FT, LOT 1 AUDITOR BARNES' PLAT NO.1 EAST 1/4 CORNER SEC. 11, T89N, R13W CURRENT R.O.W. LINE ��I N89°15'02"E 10.0' �. I v� N89°15'02"E o N 48.0' STA 11+67.7 FIRST ADDITON TO ALLEN HEIGHTS ALLEN MEMORIAL HOSPITAL CORPORATION CLD BK 584 PG 292 CURRENT R.O.W. LINE CITY OF WATERLOO R.O.W. DOC #2008 010405 ALLEN MEMORIAL HOSPITAL CORPORATION CLD BK 602 PG 987 S89° 16'45"W 10.0' 0 0 co N00°120'54"E c rn V"W QLD PLATTED 1 R.O.W. LINE § I W° >a `r' 1Wir = w co /J d Zo wig / N / CD L o rn— / �' ~ > / / / / P.O.B. / \ S89°10'02"W / 51.3' i 1 PLATTED J R.O.W. LINE EAST DONALD STREET VARIABLE WIDTH PUBLIC R.O.W. SOUTH LINE, SE 1/4, SEC. 11, T89N, R13W STA 10+08.0 N00"49'58"W 50.3' P.O.C. SEC CORNER SEC. 11, T89N, R13W STA 9+57.7 DESCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER AN EASTERLY PORTION OF THE FIRST ADDITION TO ALLEN HEIGHTS, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 11, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN; THENCE NORTH 00°49'58" WEST 50.3 FEET ALONG THE EAST LINE OF SECTION 11; THENCE SOUTH 89°10'02" WEST 51.3 FEET TO THE INTERSECTION OF THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE AND THE CURRENT NORTH RIGHT-OF-WAY LINE OF EAST DONALD STREET, AND BEING THE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 89°16'45" WEST 10.0 FEET ALONG SAID NORTH RIGHT-OF-WAY LINE; THENCE NORTH 00°20'54" EAST 160.0 FEET TO THE NORTH LINE OF SAID FIRST ADDITION; THENCE NORTH 89°15'02" EAST 10.0 FEET ALONG SAID NORTH LINE TO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE; THENCE SOUTH 00°20'54" WEST 159.8FEET ALONG SAID WEST RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. THE AREA DESCRIBED CONTAINS 0.04 ACRES (1,599 SQ. FT.). OWNER: ALLEN MEMORIAL HOSPITAL CORPORATION CLD BOOK 584, PAGE 292 & CLD BOOK 602, PAGE 987 NOTES: 1. Distances are in US Survey feet and decimals thereof. 2. Bearings and distances shown based on Iowa DOT Right -of -Way Plat filed the Black Hawk County Recorders Office at CLD Book 582, Page 219 and C Book 602, Page 987 and rotated to the bearings from GPS observations of East line of Section 11, based on the Iowa State Plane Coordinate System, Zone (NAD 83), as monumented in Black Hawk County, Iowa. LEGEND: P.O.B. Point of Beginning P.O.C. Point of Commencement R.O.W. Right of Way A Found Section Comer Drawn By: WWC Scale: 1" = 30' EASEMENT EXHIBIT -ALLEN HOSPITAL PARKING LOT Field Work Date: CITY OF WATERLOO CONTRACT NO. 782 Date Drawn: 9/14/2011 v ')nln 1 nretu AVFMIIIF clnFwel K Sheet 1 of I hereby certify that this surveying document was prepared and the related survey work was performed by me or under direct personal supervision and that I am a duly licensed Land Surveyor under the laws of the State of Iowa. ; SURN Q ,,, F1 `�, ° °°\my % W. ° ' (WIWAM 4 CASTLE I, 19715 '$ °'y * ***%.......0, * % ,'ks /0W P. =' __ --- William W. Castle, PLS Iowa license No. 19715 My license renewal date is: December 31, 2011 Pages or sheets covered by this seal. NOTES: 1. Distances are in US Survey feet and decimals thereof. 2. Bearings and distances shown based on Iowa DOT Right -of -Way Plat filed the Black Hawk County Recorders Office at CLD Book 582, Page 219 and C Book 602, Page 987 and rotated to the bearings from GPS observations of East line of Section 11, based on the Iowa State Plane Coordinate System, Zone (NAD 83), as monumented in Black Hawk County, Iowa. LEGEND: P.O.B. Point of Beginning P.O.C. Point of Commencement R.O.W. Right of Way A Found Section Comer Drawn By: WWC Scale: 1" = 30' EASEMENT EXHIBIT -ALLEN HOSPITAL PARKING LOT Field Work Date: CITY OF WATERLOO CONTRACT NO. 782 Date Drawn: 9/14/2011 v ')nln 1 nretu AVFMIIIF clnFwel K Sheet 1 of FEB. 23. 2012 6:02PM GOUL6&RATNER3122363241 NO. 8072 TEMPORARY CONSTRUCTION AGREEMENT j3�Io� THIS EASEMENT AGREEMENT is entered into as of by and between HV WATERLOO LLC, a Delaware limited liability company (~'Grantor"), and CITY OF WATERLOO, IOWA ("Grantee"), WITNESSETH: WHEREAS, Grantee desires to obtain a temporary easement from Grantor, for the purpose of the construction of a sidewalk within an existing sidewalk easement and/or road right of way, said temporary construction easement being located on Grantor's property legally descnl,ed and visually depicted on Exhibit °A" attached hereto and incorporated herein by this reference (the "Easement Area"); and WHEREAS, Grantor desires to grant a te.tnporary easement over the Easement Area as set forth herein. NOW, THEREFORE, as a donation by Grantor and in consideration of the covenants and conditions set forth herein, the parties ague as follows: 1. The recitals are incorporated herein by this reference. 2. Subject to the terms and provisions hereof and existing easements and rights of way, Grantor hereby grants to Grantee a temporary non-exclusive construction easement over the Easement Area giving Grantee, its agents, representatives and contractors temporary access to the Easement Area for the purpose of Grantee's construction of a sidewalk within an existing sidewalk easement area and/or road right of way adjacent to the Easement Area This easement shall automatically terminate on the earlier to occur of (a) the completion of construction of the sidewalk and the restoration of Grantor's property to its condition prior to the commencement of construction, or (b) December 31, 2012 ("Expiration Date"). Said construction shall be at the sole expense of Grantee. 3. Until the Expiration Date, Grantor ghat not interfere or disturb the sidewalk construction work within the Easement Area Grantor reserves all rights not expressly granted herein. 4. At all times during construction work within the Easement Area, Grantee shall ensure that there is no interference with or obstruction of full ingress and egress to and from Grantor's business premises over the access drive to the public right-of-way. Grantee shall not permit any lien to accrue or become established against the Easement Area in connection with work of any character performed or claimed to have been performed on the Easement Area at the direction or sufferance of Grau tee. 5. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or its representatives Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify, defend and hold Grantor, its employees, agents, tenants and representatives, and their respective successors and assigns, t FEB. 23. 2012 6:03PM GOULD&RATNER3122363241 NO. 8072 P. 2 harmless from and against any and all liability, loss, damage, injury, expense including without limitat'on attorneys' and consultants` fees and costs of suit, or any claim or lawsuit for liability, loss, damage or injury arising out of or resulting from the operations or in use of the Easement Area by Grantee or its employees, agents or representatives. 6. Upon completion of Cue's work in the Easement Area, Grantee shall restore the Easement Asea to its condition prior to the commencement of construction work, including but not limited to regrading and impeding any grassed areas disturbed by construction activities and repairing any improvements, such as fences and landscaping. 7. This Agreement shall not be recorded by Grantee. S. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the definitions and the context. 9. This Agreement shall be binding upon, and inure to the benefit o1 the parties hero and their respective heirs, successors and assigns. This Agreement constitutes the entire agreement between Grantee and Grantor concerning the subject matter hereof 10. This Agreement may be executed in two or more c ounte iparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same agreement. For purposes of executing this Agreement, a facsimile signature shall he as effective as an actual signature. 11. All notices required herein shall be in writing and shall be deemed properly served if delivered m person, by commercial overnight air courier, by facsimile or by registenel or certified U.S. Maly, return receipt requested, with postage prepaid to Grantor at }IV Waterloo LLC c/o of L & R Iiuvestments, 555 Skokie Boulevard, Suite 260, Northbrook, Illinois 60062 or Grantee, Tim Andean at the City of Waterloo, Iowa, 715 Mulberry Street, Waterloo, Iowa 50703- 5783 or to such other or additional parties and addresses as either Grantor or Grantee may subsequently designate by notice. 12. This Agreement shall be construed and enforced in accordance with the laws and public policies of the State of Iowa. (Signature Page to Follow) 2 J r FEB. 23. 2012 6:03PM GOUD&RATNER3122363241 NO. 8072 P. 3 IN WITNESS WHEREOF, Grantor and Grantee have executed this Agreement by their duly authorized representatives on the date fret above written. GRANTOR: HV WATERLOO, LLC 41/or By. Attest: Ernest 0. Clark, Mayor Suzy Shar4s City Clerk 3 FEB. 23.2012 6:03PM G©ULO&RATNER3122363241 STATE OF ILUNOIS COUNTY OF COOK ) SS NO. 8072 P. 4 This instnmient was acknowledged before me on ic brse iti y U•0 2 ot2.by Howard M. Ruskin, as the Manager of HV Waterloo LLC, a Delaware limited liability company. Notary Pub r c in and for the State of ill' is STATE OF IOWA COUNTY OF BLACK HAWK ) SS OFFICIAL SEAL. AMY MB UM N HAL NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISBION !XFIRE3 5464013 This instrument was acknowledged before me on �> ., I OIC , by Ernest G. Clark and Suzy Shares as Mayor and ly ..40( ely, of ' e ity of Waterloo, Iowa. 4826-3933-5182, v. 3 Public in and State o Iowa 4 ,4,. • FEB. 23.2012 6:03PM GOULD&RATNER3122363241 NO. 072-'P. 5 TEMPORARY CONSTRUCTION EASEMENT EAST 1/4 CORNER SEC. 11, MN, Ri3W 0 3E1 moi® 1 INC}4 = 30 FEET LOT 6 AUDITOR BARNES' PLAT NO.1 N 1(2, LOT 5 AUDITOR BARNES' PLAT NO.1 CURRENT ROW. UNE S00°18'47"W 10.0' N89"1 TOTE 10.0' N009 8'47°E 10.0' Nairl5trE 3544 STATE R,O.W. CLD Elk 680 f � PG737 ui ti PLAITED R,O.1N. LINE • N1/2.LOT 5 AUDITOR BARNES' PLAT NO.1 S89°15'02'W 10.0' ) N88°4M'E 37.81 38.01 P.O.B. P.O.C. SOUTHEAST CONER SEC. 11, T8ON, Rj3W STA 9+57.7 M1 D$aCRIPTION: A TEMPORARY CONSTRUCTION EASEMENT OVER A SURLY PORTION OF THE NORTH HALF OF LOT Ely AUDITOR BARNES' PLAT NO.1, IN THE CITY OF WATERLOO, MACK HAWK COUNTY, STATE OF IOWA, APO BEBNG MORE PARTICULARLY IESCRr$ D AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OP SECTION 11, TOWNSHIP a,4 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL 51ERtDlAtd; THEHGE NORTH 00'49SB' WEST 729.1 FEET ALONG THE EAST UNE OF SECTION 11; THENCE SOUTH 8Wi5a * WEST 35A;REBTTO THE INTERSECTION OF THE SOUTH LINE OF THE NORTH HALF OF LOT 5 AND THE CURRENT WEST RlGNT O WAY LINE OF LOMAN AVENUE, SAID INTERSECTION SONG T'HE POINT OF BEGINNING FOR TRIG DESCRIPTION; THENCE CONTINUING SOUTH mint WEST i0.0 FEET alba me SOUTH LINE OF THE NORTH HALF OF LOT 5; TTi14CE NORTH 60.18'4r GIST is.0 PEEK THEME NORTH tt8`18 tt2' EAST i0.0 FEETTO THE CURRENT WEST RIGHT-OF-WAY LINE OF LOGAN AVENUE; THENCEtIOUTH 00'1Q 47' WEST 10.0 FEET ALONG SAID RIGHT'-01~WAT UAE TO THE POINT OF BEGINNING, THE AREA DESCRIBED CONTAINS 100 SO FT. (0.002 ACRES). • w HV WA LLC cot axe 011451 s. $ '4, 1 woUpyi w. -; M16E * s,`' 'oWil'.= I hereby cartIfythethas surveying document was mom and fire reh Witty wmk wee performed by ma or under my camel t surecelMan and that I am a duty ticetsed Lend Suntan Wider Um Mut S M to m. WH9amtIY tvgn3ePte, MyAnne weal dot la: Det:BTtrSi,all Pages of sheets mimed by eft yeah NOTES:, 1, Menem ere In US Survey teat mkt deci sle thereat. 2.6emittse end emcee nwa ahe ra Meed on toes OOT Rtialoomwly Plat mac the Black Hawk Candy Reaw'dms Ostee M CUD Book Ettne Pie 737 and rotated to the begins° Orn NPs bhseanarene Mete East Ma at Seaton 1 based on the Mina State Pane caladium System. Natth Zane (NM) 93). mane 6n Mock Hawk Catstt+, lac+sa, t t.QGEND: mos. Fainted Beginning POC Palet MCotrtmancsmant R.O.W. RTght'atWay A Found Section Corm Drawn By: WWC Scale: 1" = 30' Field Work Date: Oats Drawn: 9/14!2011 EASEMENT EXHJBIT - 2181 LOGAN AVENUE CRY OF WATERLOO CONTRACT NO. 782 F V 'nil, 1 flAN AVM IF RN9FWAtA1 11 Sheet 1 01 r FEB -27-12 MON 11:59 AM FAX NO. PROJECT: Logau Avenue Sidewalk Project PARCEL: Hy -Vee, 2181-2221 Logan Avenue OWNER: 1 -IV Waterloo, LLC P. 02 OFFER TO DONATE FORM As owners of real estate needed ibr the above -referenced project and parcel, and acknowledging, the fact that (1) (We) are entitled to just compensation o1 the subject property, nevertheless, desire to donate the property. (1) (We) waive such compensation rights and will execute the necessary documents for the City of Waterloo, Iowa. This donation to the City of Waterloo, Iowa, is made without any coercive action of any ilaturc. February 27, 2012 Date Stale Of 111inoi,4 Cowity ol'Cook ss. Cin ihisZ3'iate of Fcbnimy, 2012. before me the undersigned, a Notary Public in and lbr the County of ('ook, State of Illinois, personally appeared Howard M. Ruskin, to mo known to be the person named in ruxl who executed the foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. IN WITNESS WIl14,R11OF, 1 have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Seal 4830-3111.14010, v. i 1030.071 Notary P OFFICIAL SEAL AMY M. BLUMENTHAL NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 6.214013 R Iic for the State of Illinois .r IL