HomeMy WebLinkAboutEast Waterloo Family Housing LLLP-5/10/2010Recorder's Cover Sheet
FIRST AMENDMENT TO EASEMENT AGREEMENT
Preparer Information: Stuart Ruddy
Faegre & Benson, LLP
801 Grand Avenue, Suite 3100
Des Moines, IA 50309
Return Address: Stuart Ruddy
Faegre & Benson, LLP
801 Grand Avenue, Suite 3100
Des Moines, IA 50309
Taxpayer Information: East Waterloo Family Housing LLLP
c/o CommonBond Communities
328 Kellogg Boulevard West
St. Paul, MN 55102
Grantor: East Waterloo Family Housing LLLP
Grantee: City of Waterloo, Iowa
Legal Description: See Exhibit A
Document or instrument number if applicable: 4 Ease 44
AMENDED AND RESTATED EASEMENT AGREEMENT
This First Amendment to Easement Agreement ("Amendment") is entered into as of this
day of March, 2010, by and between East Waterloo Family Housing LLLP, an Iowa
limited liability limited partnership ("Partnership") and the City of Waterloo, Black Hawk
County, Iowa ("City").
RECITALS:
A. Pursuant to that certain Easement dated March 8, 1971, ("Easement Agreement") by and
between Zeidlers, Inc., the successor in interest to the Partnership, ("Former Owner") and
the City, the Former Owner granted the City on easement over that certain property
legally described on Exhibit A, attached hereto and incorporated herein by reference,
("Property").
B. The easement located on the Property was described in the Easement Agreement as
shown on Exhibit B, attached hereto and incorporated herein by reference ("Original
Easement Area").
C. The parties wish to amend the Easement Agreement upon the terms and conditions
contained herein.
NOW, THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and legal sufficiency of which are hereby acknowledged, the parties
hereby agree as follows:
1. Recitals. The Recitals set forth above are incorporated herein by this reference thereto as
if fully set forth herein.
2. Amendment of Easement Agreement. Effective as of the date hereof, the Original
Easement Area is hereby deleted in its entirety and the Easement Area shall be as legally
described on Exhibit C, attached hereto and incorporated herein by reference ("Relocated
Easement Area"). The Relocated Easement Area is located on the Property as shown on the Plat
of Survey/Easement attached hereto as Exhibit D.
3. No Further Amendment. This Amendment is given solely to amend and modify the
Easement Agreement as set forth herein. No further amendment or modification of the Easement
Agreement is made or intended, and the respective terms and provisions thereof shall, as
expressly amended and modified hereby, continue in full force and effect after the date hereof.
The warranties, representations, covenants and agreements contained in the Easement Agreement
as herein expressly amended, are hereby ratified, approved and confirmed in every respect.
Partnership and the City also hereby (i) agree that, from and after the date of this Amendment,
each reference in the Mortgage to the term "easement" or "easement area" shall mean and be a
reference to such term as amended pursuant to Section 2 of this Amendment and (ii) expressly
ratifies and confirms, as of the date of the Easement Agreement and as of the date hereof, all of
the interests in property created or intended to be created by the Easement Agreement, in each
case as amended and modified hereby.
4. No Release. The liabilities and other obligations created by the Easement Agreement are
continuing obligations and nothing contained herein shall be deemed to release, terminate or
subordinate any lien created or evidenced thereby and all such liens and the priority thereof shall
relate back to the recordation date for the Easement Agreement as referenced herein. This
Amendment is not intended and shall not be deemed or construed to in any way affect the
enforceability of the Easement Agreement or constitute a novation, termination or replacement
of all or any part of the indebtedness, liabilities or other obligations secured thereby.
5. Governing Law; Severability. This Amendment shall be governed by and construed in
accordance with the internal laws and decisions of the State of Iowa. The invalidity, illegality or
unenforceability of any provision of this Amendment shall not affect or impair the validity,
legality or enforceability of the remainder of this Amendment or the Easement Agreement, and
to this end, the provisions of this Amendment are declared to be severable.
- Remainder of Page Intentionally Blank -
[Signature Page Follows]
GRANTOR:
EAST WATERLOO FAMILY HOUSING LLLP
By: CommonBond Communities,
Its: General Partner
By:
Ellen Higgins, Vice
STATE OF MINNESOTA )
ss.
COUNTY OF o101— )
On this /� day of March, 2010, before me, the undersigned, a Notary Public in and for
the State of Minnesota, personally appeared Ellen Higgins to me personally known, who being by
me duly sworn did say that she is Vice President of CommonBond Communities, the General
Partner of East Waterloo Family Housing LLLP, that the seal affixed to said instrument is the seal
of said (or that no seal has been procured by the said) partnership and that said instrument was
signed (and sealed) on behalf of the said partnership by authority of its board of directors and the
said Ellen Higgins acknowledged the execution of said instrument to be the voluntary act and deed
of said partnership by it voluntarily executed.
Notary Public - State of Minnesota
CITY OF WATERLOO, IOWA
By: ) p .,
Name: 6t • Cicure4----
Its:
STATE OF )
ss.
COUNTY OF nN )
On this lei- day of a" 201kbefore me, the undersigned, a Notary Public in and
for the State of Iowa, personally a eared (x. 0,1to me personally kno ho
being by me duly sworn did say thate e is Ja� ►� of & 6
that the seal affixed to said instrument e seal of said (or that no seal has been rocured by the
said) entity and that said instrument was signed (and sealed) on behalf of the said entity by its
authority and the said •&m 4- 6. CA - acknowledged the execution of said instrument to be the
voluntary act and deed of said entity by it voluntarily c ute
alA2),sti
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
All that part of the Northeast Quarter of the Northeast Quarter of Section No. 24,
Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City
of Waterloo, Black Hawk County, Iowa, lying West of the West line of Ash Street and
North of the North line of Webster Street, and South of the South line of Newell Street
except the West 30 feet thereof.
EXHIBIT B
ORIGINAL EASEMENT AREA
Commencing at a point on the East line of Mobile Street which is Two Hundred Nineteen (219)
feet South of the South line of Newell Street; thence Easterly to a point on the West line of Ash
Street which is Two Hundred Nineteen (219) feet South of the South line of Newell Street;
thence South along the West line of Ash Street a distance of Sixteen (16) feet; thence Westerly to
a point on the East line of Mobile Street which is Two Hundred Thirty-five (235) feet South of
the South line of Newell Street; thence North along the East line of Mobile Street to the point of
beginning;
For the purpose of constructing, operating and maintaining a storm sewer, through and under
said strip of land upon which said easement is located, together with a right of ingress and egress
to said strip of land.
Storm Sewer Easement Filed for Record on June 24, 1971, in Easement Book 4 at Page 44, with
the Black Hawk County Recorders Office.
EXHIBIT C
RELOCATED EASEMENT AREA
A strip of land Twenty -Five (25) feet in even width over, under and across that part of Parcel
"A" of the Northwest Quarter (NW 1 /4) of Section Twenty-four (24), Township 89 North
(T89N), Range 13 West (R13W) of the Fifth Principal Meridian (5 th P.M.) in the City of
Waterloo, Black Hawk County, State of Iowa, for the purpose of constructing, operating and
maintaining a storm sewer, through and under said strip of land upon which said easement is
located, together with a right of ingress and egress to said strip of land, said strip lying Ten
(10.00) feet South and Fifteen (15.00) feet North of the following described alignment:
Commencing at the Northwest Corner of said Parcel "A", also known as the intersection of the
East line of Mobile Street and the South line of Newell Street; thence S00°42'49"E Two
Hundred Twenty-six and Fifty Hundredths (226.50) feet along the East line of said Mobile Street
to the Point of Beginning of this description; thence S88°49'39"E Three Hundred Six and Forty -
Five Hundredths (306.45) feet along said easement alignment to a point on the West line of Ash
Street and the point of termination of this description; said point being S00°43'07"E Two
Hundred Thirty-three and Fifty-seven Hundredths (233.57) feet along the West line of said Ash
Street from the Northeast Corner of said Parcel "A", also known as the intersection of the West
line of Ash Street and the South line of Newell Street, Containing 7,661.1 square feet, or 0.176
Acres.
The edge lines of said strip shall lengthen and/or shorten at the point of beginning and the point
of termination as needed to provide a continuous strip of said width across the above described
property.
Note: The West line of the subject property is assumed to bear N00°42'49"W for the purpose of
this description.
EXHIBIT D
PLAT OF SURVEY EASEMENT
i
Kirk D. Eschliman, P.L.S. Iowa Lie. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 — Phone: 319-234-0509
PLAT OF SURVEY/EASEMENT:
1
Cr 7
[01/8 Cr IE
791.67
QUINCY STREET
CENTERLINE 60 FT.
PU8UC !6640 OF NAY
g
O"
Era
O
rx
E—.
N
=
x'74
mitt (ssnstdt)Zan' 0100
NEYYELLSTREET
ammo FL Pi 611 a 6Y
FOL610 N0. 5 MBAR
1/191166 D. CAP
00. 610PONT �
CaORIOEV
36.11' (306.27)
N8957411 (98961'00-8)
TOO N3. 5 9EBAR
MELON D. GAP
LI0. N0. 6807
PARCEL "A" NE 1/4,
SECTION 24, T89N, R131Y
CITY OF WATERLOO
BLACK HANK COUNTY
STATE OF IOYWA
MS RIR - R ICI ICP.
9atko to Fl 03:131k OMR PAF 44) SURVEY AREA:
1 WN:
WAS 77 0. 50. FT.
S
0.1/
Q7766 AFS
EM ESTI
FOUND 16). 5 066
1/010. CAP
30 45') )
3.370'W
7 (306.321
ESTER_ STTRREETY
Fs
F58411 NO 5 OAR
WALLOW EL GAP
UC. N0. 6807
369800'306.33')
LEGAL DESCRIPTION:
(SEE ATTACHMENT: EXHIBIT "A")
GRAPHIC SCALE
100 200
i
1 Inch =100 Ft.
"'8" DENOTES ASSUMED BEARING
"S" DENOTES MONUMENT FOUND
"Cr DENOTES MONUMENT SET
0.00' DENOTES RECORD DIMENSION
(0.00') DENOTES FIELD DIMENSION
I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT,,,,,,""""",«
WAS PREPARED AND THE RELATED SURVEY WORK WAS �° uxn P�-.,
PERFORMED BY ME OR UNDER MY DIRECT PERSONAL r*i /
SUPERVISION AND THAT I AM A DULY UCENSED LAND ri Kirk D.
SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. ^*1,Eaao9981 ans*€
••..... «.....1
THIS PLAT IS NOT MIMEO
UNLESS AN EMBUSSED SEAL IS
AFFIXED HEREON
DATE:
KIRK D. ESCHLIMAN, P.L.S. IOWA UC. NO. 9961
MY LICENSE RENEWAL DATE IS DECEMBER 31, 2009
PAGES OR SHEETS COVERED BY THIS SIGNATURE & SEAL SHEET 1 & 2 OF 2
THIS IS NOT A DIVISION OF LAND.
PER BLACK HAWK COUNTY RECORDER'S
OFFICE: DOC. NO. 2 01 0-0 0083 41
CURRENT OWNER: HPV HOLDINGS LLC
PER BLACK HAWK COUNTY RECORDER'S
OFFICE: DOC. NO. 2010-0008341
FOR: HPV HOLDINGS LLC
160 STATE ST/ 5TH FLOOR
BOSTON, MASSACHUSETTS
REQ. BY: CYNTHIA LEE
ST. PAUL, MN
c
KESS 8c ASSOCIATES, INC.
`819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509
DATE OF FIELD WORK: 03/18/2009
DWG. DATE 12/16/2009 DRAWN BY: CJP
CADD FILE: 09934PS1—EASE.DWG PROJECT NO.: 09E334