HomeMy WebLinkAboutDeere & Company-7/12/2010Prepared by and return to: T. F. Olt III, Lane & Waterman, 220 N. Main, Ste. 600, Davenport, (563) 324-3246
UTILITIES EASEMENT AGREEMENT
THIS UTILITIES EASEMENT AGREEMENT is entered into this eday of
JuiS 2010, by and between City of Waterloo, Iowa (hereinafter referred to as "GRANTOR") and
Deere & Company, a Delaware corporation (hereinafter referred to as "GRANTEE").
WITNES SETH:
GRANTOR, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, does hereby grant and convey unto GRANTEE the following
easement over, under, across and about the property described in Exhibit "A" attached hereto
located within the City of Waterloo, Iowa (the "Utilities Easement"), subject to the following
conditions and limitations, which are covenants running with the land:
1. Terms of Easement.
(a) GRANTEE may use the Utilities Easement to provide utility
services, including but not limited to water, gas, electric, cable, and fiber-optic
services, to GRANTEE's adjoining properties, as well as for all installation,
maintenance, repairs and replacement services incidental thereto.
(b) GRANTEE shall use and maintain the Utilities Easement granted
herein in material compliance with all federal, state and local laws and
regulations. Subject to GRANTEE's rights set forth in paragraphs (e), (f) and (g)
below, GRANTEE and GRANTOR agree to consult with each other in advance
of any proposed work that would alter the easement premises, whether by
grading or any other activity. If advance notice is not reasonably possible due to
the need for an emergency response, the party taking action shall notify the other
party as soon as reasonably possible. For purposes of this paragraph, GRANTEE
shall contact the City Engineer's office of GRANTOR, and GRANTOR shall
contact Jeff Kutz in the Facilities Engineering Department on behalf of
GRANTEE.
(c) GRANTEE shall remain responsible for all costs associated with
the use, maintenance and service of the Utilities Easement.
(d) GRANTEE is under no obligation whatsoever to maintain, in any
particular state or condition, the Easement or any property subject to the
Easement.
(e) GRANTEE shall have the right to clear and keep clear from the
herein granted easement all trees, undergrowth and other obstructions caused or
arising hereafter, and GRANTOR agrees not to build, construct or create, permit
others to build, construct or create any buildings or other structures, or conduct
any other activity on the herein granted easement that will interfere with the
normal operation, use and maintenance of said Utilities Easement.
(f) GRANTEE shall have the right to erect markers on and along the
Utilities Easement in sufficient number as deemed necessary by GRANTEE so
that the location is clearly known and unauthorized persons are restricted in
their access to the Utilities Easement; provided, however, that this shall not
restrict the GRANTOR from access to the Utilities Easement.
(g) GRANTOR reserves the right to occupy, use and cultivate the
Utilities Easement for all purposes not inconsistent with the rights herein
granted.
(h) GRANTEE shall be permitted entry to GRANTOR'S premises at
all times for the purpose of using, servicing, maintaining and construction on
said Utilities Easement.
(i) GRANTEE shall indemnify, defend and hold GRANTOR
harmless from and against any and all damages caused to GRANTOR, and any
and all claims, demands, causes of action, and liabilities whatsoever, of any type
or nature, including but not limited to reasonable attorneys' fees, arising from or
in connection with GRANTEE'S acts or omissions in exercising the rights and
privileges herein granted.
(j) Upon cessation of use of any Easement by GRANTEE or its
successors and assigns for a period of five (5) consecutive years or more, then the
Easement shall be deemed abandoned by GRANTEE, its successor or assigns,
and shall forthwith be terminated, only upon ninety (90) days advance written
notice to GRANTEE or its successors and assigns. If GRANTEE shall not act to
retain said Easement upon notice of termination, all rights herein granted in and
to said Utilities Easement shall revert to GRANTOR, and GRANTEE, its
successors and assigns, agree to provide GRANTOR with a written instrument in
recordable form which affirmatively states that the Easement is terminated.
2. Binding Effect. The Utilities Easement described herein shall run with
the land and inure to the benefit of and be binding upon the successors and assigns of
GRANTOR and GRANTEE.
3. Entire Agreement. The Utilities Easement described herein represents the
entire agreement pertaining to the subject matter hereof and supersedes all prior agreements
relating to the subject matter hereof, whether written or oral, and shall not be amended,
changed, altered or modified other than by an agreement in writing and signed by GRANTOR
and GRANTEE, or its respective successors and assigns, if any.
4. Choice of Law. This Utilities Easement shall be governed by the laws of
the State of Iowa.
5. Claims or Disputes. Any claim, controversy or dispute arising out of this
agreement shall be settled by arbitration in accordance with the applicable rules of the American
Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in
any court having jurisdiction thereof. The arbitration shall be conducted in the county where the
Utilities Easement is located.
IN WITNESS WHEREOF, this instrument is executed as of the day and year
first above written.
GRANTO
CITY O ' ATERLOO�
By / c y
By
Ernest G. Clark, Mayor
Suzy Schares, City Clerk
STATE OF IOWA, COUNTY OF BLACKHAWK, SS:
On this.day of July, 2010 before me, a Notary Public, personally appeared
Ernest G. Clark and Suzy Schares, to me personally known, and, who, being by me duly sworn,
did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; that
the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by authority of its City Council
on the day of , 2010, and that said persons acknowledged the execution of the
instrument to be their vol act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed. �f` d
(Notary Seal) _
Notary Public in and for said County ind State ��t�
DEERE & COMPANY, a Delaware corporation
By
4 c"Tb Jy "")e,
Its:
STATE OF IOWA, COUNTY OF BLACKHAWK, SS:
On this 01 day of July, 2010 before me, a Notary Public, personally appeared
Thad Nevitt, to me personally known, and, who, being by me duly sworn, did say that he is
Factory Manager of the John Deere Waterloo Works and that said person acknowledged the
execution of the instrument to be their voluntary act and deed and the voluntary act and deed of
the corporation, by it voluntarily executed.
(Notary Seal)
DENISE L. SEARS
COMMISSION NO. 753942
MY COMMISSION 2WIRES
JUL
At/2,12) 11 1 l 10
Notary Public in and for said County and State
7—
EASEMENT PLAT
In conjunction with the FY 2008 Westfield Avenue Floodgate Closure
E 1/4 Comer, Sec. 22-89-13
Fd. 1/2' Ratter wlRed Cap #18775
Survey Notes Per USPLSCC Doo. 92007002892
1.) Proprietor. City of Waterloo
2.) Dbstances shown ere In US Survey feet and decimals thereof.
3.) Courses shown ere based on the km State Plana Coordinate System, East Line, Parcel 4
North Zone, NAD 1983 and detamrhed by GPS observation Deed Bk 517, Pg 983
4.) See Street 2 of 2 for Legal Description
Baseline I
Deed Bk 517. Pg 993 1
Southeasterly lure, Pasoel4
Dead Bk 617. Pg 983
E
8 _5
g
Southwesterly Line, Parcel
Deed Bk 517, Pg 983
Northeasterly ROW Una
Waterloo Railroad Company
Deed Bk 117. Pg 470
STA 8+88.3F
t•
4.46'11Z 1
-- \
Deed Bk 617, Pg 983 /
i�`\ '
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NORTH
S 53°60' E
29.660'
FEATURE LEGEND
O SET 5/8'0 X 24° RESAR
W / RED CAP LS. 812088
• PROPERTY CORNER FOUND
• SET SECTION CORNER
• SECTION CORNER FOUND
100.00 DIMENSION OF SURVEY
(100.00) DIMENSION OF RECORD
0 25 50 100
East Line, Parcel 3
Deed Bk517,Pg983
Point of Commencement
SE Comer, Sac. 22-89-13
Fd. 3/4° 8raas Plug In Concrete
Per USPLSCC NOsc. Sk 329, Pg 280
s Oulw
/ sa 8300 _
B3.0 /
2
Northeasterly Line, Parcel 3
Deed Bk 517, Pg 983
Southwesterly ROW Line
Waterleo Ilallrcad Ccmpeny
Deed Record Bk 117, Pg 470
Point of
Begg
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1 hereby certify that this land aumydng dacwnentoaa N
prearepd and the related wavey work ane panred rab,
me m wdnr drraet ersoaupervtatmn and blot
a duly acsneadmy lent Sameyerpnal or1 em
der the laws of the State
a laro
WENDELL J. LUPKES, LS. DATE
Uoenee number 12088
'P10,111'77 meawcl data Is Daeemter 31, 2008
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VJ Engineering
Iftb1501 Technology Parkway
Cedar Falls, Iowa - 319-266-5829
EASEMENT PLAT
SE 1/4. SEC. 22-89-13
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UNDERGROUND UTILITY EASEMENT
LEGAL DESCRIPTION
In conjunction with the FY 2008 Westfield Avenue Floodgate Closure
Those parts of Parcels 3 and 4 (described in Deed Book 517, Page 983); that pail of Parcel 'B' (described in
Document Number 2009 021807); and that part of the Right -of -Way of the former Waterloo Railroad, all in the
Southeast Quarter of Section 22, Township 89 North, Range 13 West of the FIRh Principal Meridian, in the
City of Waterloo, Black Hawk County, State of Iowa, and described as follows:
Commencing at the Southeast Comer of said Section 22; thence North 01 °11'40° West 630.88 feet along the
East line of Section 22 to a point that is 1,998.49 feet South of the East 1/4 Comer of Section 22; thence
South 88°48'20' West along a line that is perpendicular to the East line of Section 22, 64.40 feet to the angle
point at Station 6+86.3F of the Baseline of the Black Hawk Creek Flood Control Levee as described in Deed
Book 517, Page 983 of the Records of Black Hawk County, Iowa; thence North 0215'10° East 63.70 feet
along said Baseline to Station 7+50.0F; thence South 8724'50° East perpendicular to said Baseline, 70,00'
feet to an angle point on the East line of Parcel 4 as described in Deed Book 517 at page 983 of the Records
of Black Hawk County, said point also being the most Northerly comer of said Parcel 'B' and the Point of
Beginning;
Thence N 00°0229°E 110.79 feet along the East line of said Parcel 4; thence S 24°47'21°W 311.78 feet;
thence S 43°08'23°W 126.52 feet to the Northeasterly right of way Una of Westfield Avenue; thence S
53°5525' E 29.60 along said right of way to the East line of Parcel 3 as described in Deed Book 517 at page
983 of the Records of Black Hawk County; thence N 47°01'35" E along said East line 142.68 feet to the
Southeast comer of Parcel 'B' described at Document No. 2009 021807 of the Records of Black Hawk
County; thence N 25°40'49" E 205.00 along the East line of Parcel 'B' to the Point of Beginning containing
0.372 acres (16.190.4 square feet), subject to easements and restrictions of record.
Sheet 2of2
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VJ Engineering
1501 Technology Parkway
Cedar Falls, Iowa — 319-266-5829
ROW Acquisition Plat
Legal Description
same
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54-15,