HomeMy WebLinkAboutGrand Investments - Easement Agreement-7/17/2017(RECORDED)iw111111mmi1111neu11111Wwwpim
Doc ID: 008266420004 Type GEN
Recorded: 11/01/2017 at 04:03:59 PM
Fee Amt: $22.00 Page 1 of 4
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2018-00007763
ck \ o4 Wt6til00
Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
After recording, return to Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703.
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of d ,
2017 by and between Grand Investments, LLC ("Grantor"), and the City of Waterloo, Iowa
("Grantee").
1. Grant of Permanent Easement. 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
Grantee, and Grantee does hereby accept, a permanent 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.
2. Purpose. Concurrently with execution of this Agreement, Grantee is conveying
the Premises to Grantor for construction of a multi -story, mixed-use building as set forth in a
certain development agreement between the parties dated December 19, 2016 and filed January
24, 2017 as Doc. No. 2017-13397 (the "DA"). Said building will be adjacent to a flood wall
system maintained by Grantee. The Easement permits Grantee, its officers, employees,
contractors and agents, to have reasonable rights of ingress and egress over, across, in and upon
the Premises for inspection, maintenance, repair, and reconstruction of the flood wall as set forth
herein.
3. Grantor Duties and Privileges. Grantor agrees to the following terms and
conditions:
(a) As required by the DA, and subject to paragraph (b) below, Grantor may
construct, repair and maintain the improvements contemplated by the DA upon the
Premises, provided, however, that Grantor may not conduct any activities upon the
Premises that would be inconsistent with Grantee's rights under this Agreement,
without the prior written consent of Grantee.
(b) In addition, Grantor shall submit to Grantee any plans for alterations to
the exterior of any building or its supportive structures, and Grantor shall make no such
alterations without the prior written approval of Grantee. Grantee shall have a period of
thirty (30) days in which to evaluate and comment on the effect that the proposed
alterations may have on the flood control system, and Grantor shall submit revised
plans to address Grantee's concerns.
(c) Upon execution of this Agreement Grantor shall provide to Grantee in
writing the name and phone number of a primary contact person in connection with
Grantee's exercise of its rights under this Agreement. Grantor shall update the
information promptly in writing upon any change and assumes all risk of not doing so.
4. Grantee Duties. Grantee agrees that the following terms and conditions will
govern its use of the Easement:
(a) Upon completion of any future inspection, construction, repair,
maintenance or other work that Grantee undertakes on the Premises, Grantee shall be
required to replace or restore any and all damage to the Premises resulting from said
work.
(b) Grantee will be liable to Grantor for any damage to real or personal
property, and for injuiy to or death of any persons, proximately caused by the acts or
omissions of Grantee, its officers, employees, contractors, or agents, in the course of
exercising any of Grantee's rights under this Agreement.
(c) Grantee shall provide timely notice to Grantor of any scheduled work
upon the Premises, unless a situation exists involving an imminent threat of injury to
persons or property in the absence of action by Grantee, in which case Grantee will act
in a reasonable manner to minimize disturbance to the Premises and will give notice to
Grantor of any action taken.
5. Miscellaneous Provisions. This Agreement shall run with the land and is binding
upon and shall inure to the benefit of the parties and their respective successors and assigns.
References in the singular number include the plural, and vice versa. 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.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
[signatures on next page]
2
GRAND INVESTMENTS, LLC
By:
CITY OF WATERLOO, IOWA
By: c?e,
rent Dahlstrom, Manager Quentin Hart, Mayor
Attest:
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2017, by Brent Dahlstrom as Manager
of Grand Investments, LLC.
/owP
CALI LYNN SORBE
Commission Number 777870
My Commission Expires
April 8, 2019
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on J l , 2017, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, -4 the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION EXPIRES
-
V
Notary ublic d*?
3
EXHIBIT "A"
Permanent Easement Legal Description
Parcel "H" of Plat of Survey Doc. #2017-15863 filed March 13, 2017 and as corrected by Doc. #2017-
16486 filed March 24, 2017, being a part of Lots 1 and 2 in Block 2, a part of Vacated Cedar Street, a part
of vacated West 3'° Street and also a part of Parcel "E' of Plat of Survey Doc. #2009-15639; all in the
Original Plat of the West side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa.
4