HomeMy WebLinkAboutJSA Development LLC-10/25/20101111111111111 III IIIII IIIII 1101 IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII
Doc ID 004394890002 Type GEN
Kind EASEMENT
Recorded: 02/15/2011 at 08:27:01 AM
Fee Amt: $14.00 Pape 1 of 2
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
F11e2011-00016233
Crewed by: lark, Butler, Walsh & Hamann
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of 0 aS
2010, by and between JSA Development, LLC ("JSA") and the City of Waterloo, Iowa ("City").
RECITALS
A. JSA is the owner of a building (the "Building") at 315 E. 5th Street, Waterloo,
Iowa, on property legally described as: The Southwesterly 28 feet of Lot No. 4,
Block No. 28, Original Plat on the East Side of the Cedar River, in the City of
Waterloo (the "JSA Property").
B. The City is the owner of real estate abutting the JSA Property and legally.
described as: Lot No. 4, except the Southwesterly 28 feet thereof, Block No. 28,
Original Plat on the East Side of the Cedar River, in the City of Waterloo (the
"City Property"). The part of the City Property that is immediately abutting the
Building is currently used as a city parking lot.
C. Beneath the City Property is the basement of a structure that no longer exists.
Basement materials are to be removed and the site filled and repaved, but in
connection with said work engineering consultants retained by the City have
recommended construction of a lateral support wall to be tied in with the existing
basement wall of the Building.
D. The new wall may encroach on the JSA Property, and the parties desire to provide
for an easement and other terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for
other consideration, the parties agree as follows:
1. Grant of Easement. JSA does hereby grant to City, and City does hereby accept, a
permanent easement (the "Easement") upon, across, and beneath that portion of the JSA Property
that lies between the property line and the existing basement wall beneath the Building.
2. Purpose. The Easement premises may be used by the City only for excavation,
construction, inspection, repair, maintenance, and replacement of a poured concrete wall
designed to provide lateral support to the existing basement wall of the Building. The Easement
premises shall not be used for any other purpose without the prior written consent of JSA.
3. Easement Conditions. City agrees that its acceptance of the Easement is subject
to each and all of the following terms, conditions, covenants, and restrictions, which are
covenants running with the land:
a. In the event that City employees, agents or contractors cause any damage
to the existing basement wall of the Building, City shall promptly repair and restore the
condition of said wall.
b. City will construct a poured concrete wall to provide lateral support, with
pouring to occur in such manner or sequence as not to create undue stress on the existing
basement wall. City agrees to employ reasonable methods to tie in the new support wall
with the existing basement wall.
c. Upon completion of filling the site, City agrees to replace the existing
sidewalk on City Property that runs along the side of the Building.
d. City acknowledges that plans are being developed for a multi-level
parking structure in the center of the block, which may be accessed by the existing city
parking lot, and that preliminary pians for this structure contemplate that a portion of the
lot may be used for construction and placement of a ramp to upper levels of the parking
structure. In the event that construction of the ramp, the parking structure, or any
foundational supports requires relocation or reinforcement of the support wall which is the
subject of this Agr ment, City agrees to undertake such relocation or reinforcement
e. City hereby agrees to indemnify and hold JSA harmless from and against
any and all injury, expense, damage, liability or claim, including but not limited to
attorneys' fees, incurred or suffered by, or asserted against, JSA, arising or indirectly from
any act or omission by City, its agents, employees, or contractors, in undertaking any of
the work or improvements contemplated by this Agreement.
f. All actions to be undertaken by the City pursuant to this Agreement shall
be at the sole expense of the City.
4. Binding Effect. This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
5. Miscellaneous. This Agreement is the entire agreement between the parties
pertaining to the subject matter hereof and supersedes all prior or contemporaneous
understandings or agreements relating to the subject matter hereof, whether oral or written. This
Agreement may not be modified except by the mutual written agreement of both parties.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representative as of the date first set forth above.
JSA DEVELOPMENT, LLC
By:
CITY OF WATERLOO, IOWA
By:
Ernest G. Clark, Mayor
Attest
Suzy Sc res, City Oerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on COQ .) ,5 , 2010 by James E. Walsh, Jr., as
Manager of JSA Development, LLC.
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on I,4 1' ; / , 2010 by Ernest G. Clark
and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
2