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HomeMy WebLinkAboutThe National Cattle Congress-4/5/2010RIGHT -OF -ENTRY The National Cattle Congress Inc., hereinafter called the "Owner", in consideration of the total compensation to be paid by the undersigned, Iowa, hereinafter called the "City", for all lands or easements hereinafter described, to be determined by subsequent agreement between the Owner and the City, or by judicial proceedings, hereby grants to the City a right -of -entry upon the following terms and conditions: 1. The Owner hereby grants to the City an irrevocable right to enter upon the lands as shown on the attached sheet at any time in order to construct pump station in conjunction with the Riverfront Renaissance Project in Waterloo, Iowa. 2. This right of entry includes the right of ingress and egress on lands of the Owner shown by the route on the attached sheet, provided that such ingress and egress is necessary and not otherwise conveniently available to the City. 3. All tools, equipment, buildings, improvements, and other property taken upon or placed upon the land by the City or its contractors shall remain the property of the City or its contractors and shall be removed by same at any time within a reasonable period after expiration of this right -of -entry. 4. The City shall have the right to patrol and police the lands hereinafter described during the period of this right -of -entry. 5. It is understood and agreed that if the City does not acquire title or other necessary interest in said land prior to the expiration of this right -of -entry, or any renewal thereof, the City agrees to be responsible for any damage arising from the activity of the City, its employees and/or contractors on said lands, in the exercise of rights under this right -of - entry, and shall repair such damages, or, in lieu thereof and at the option of the City, shall make an appropriate settlement with the Owner. 6. Said project shall be completed, or shall not be in operation to cause a disruption during the National Dairy Cattle Congress Fair to be held on 55r t"it --- iT, 7. This right -of -entry shall expire upon completion of the project. The land affected by this right -of -entry is located in the County of Black Hawk, State of Iowa, and is described in Attachment "A". IN WITNESS WHEREOF, the parties hereto have executed this Right -of -Entry as of 51[0 . CITY OFTERLOO, IOWA OWNER BY: ei BY: iI, , Ptaei DATE: 5,(2-ovi DATE: 10 Exhibit "A" UNPLATTED WATERLOO WEST COMMENCING 25 FEET NORTHWESTERLY FROM MOST EASTERLY CORNER LOT 19 CALIFORNIA SUBDIVISION THENCE NORTH 1 DEGREES 48 MINUTES EAST 91.34 FEET THENCE NORTH 62 DEGREES 23 MINUTES 30 SECONDS EAST 295.63 FEET THENCE NORTH 56 DEGREES 25 MINUTES 30 SECONDS EAST 280.3 FEET TO POINT OF INTERSECTION WITH WEST LINE SECTION 22 TOWNSHIP 89 RANGE 13 WHICH IS THE POINT OF BEGINNING CONTINUING ON PREVIOUS COURSE NORTH 56 DEGREES 25 MINUTES 30 SECONDS EAST 290.68 FEET THENCE SOUTH 85 DEGREES 24 MINUTES 30 SECONDS EAST 410.18 FEET THENCE SOUTH 74 DEGREES 40 MINUTES EAST 460.30 FEET THENCE SOUTH 52 DEGREES 37 MINUTES EAST 254.50 FEET THENCE SOUTH 240.25 FEET THENCE SOUTH 47 DEGREES 32 MINUTES EAST 753 FEET TO POINT ON THE NORTHWEST LINE OF WEST CONGER DESCRIBED AS BEING THAT POINT WHICH IS 66 FEET NORTH & 22.7 FEET EAST & 97.4 FEET ON A BEARING OF NORTH 49 DEGREES 12 MINUTES EAST ALONG WEST CONGER STREET FROM LOT 1 BLOCK 1 GROVE- LAND ADDITION THENCE SOUTHWESTERLY 78.5 FEET TO A POINT WHICH IS 40 FEET NORTH OF POINT OF INTERSECTION OF RAINBOW DRIVE & WEST CONGER STREETS THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT WHICH IS 10 FEET NORMALLY DIST NORTHERLY OF NORTH LINE AT A POINT WHICH IS 160 FEET WEST OF PREVIOUS DESCRIBED INTERSECTING THENCE SOUTHWESTERLY ALONG A STRAIGHT LINE TO A POINT ON NORTH LINE OF RAINBOW DR WHICH IS 24 FEET WEST OF PREVIOUS MENTIONED INTERS OF RAINBOW DR & WEST CONGER STREETS THENCE WEST ALONG NORTH LINE RAINBOW DRIVE TO WEST LINE OF SAID SECTION 22 THENCE NORTH TO POINT OF BEGINNING SECTION 22 TOWNSHIP 89 RANGE 13 EXCEPT THAT PART OF ABOVE DESCRIBED DEEDED TO CITY OF WATERLOO BOOK 555 PAGE 198 DESCRIBED AS TRACT L & EXCEPT THAT PART ABOVE DESCRIBED DEEDED TO STATE OF IOWA BOOK 555 PAGE 204 DESCRIBED AS TRACT C, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA.