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Home My WebLink AboutUS Bank National Association-6/14/201019(0— Atug olfilktt lvvirpetie^zio tr- HRST Waterloo, IA AMENDMENT TO MASTER EASEMENT AGREEMENT THIS FIRST AMENDMENT STER EASEMENT AGREEMENT (the "Amendment") is made as of „SW( , 010 (the "Effective Date") between U.S. BANK NATIONAL ASSOCIATION, a national banking association ("Bank"), and CITY OF WA 1'ERLOO, IOWA, a municipal corporation (the "City"). RECITALS A. Bank and City entered into that certain Master Easement Agreement dated as of March 3, 2009, and filed of record in the Black Hawk County Recorder's Office on. March 5, 2009 as Document No. 2009-00016447 (the "Master Easement Agreement"). B. Bank is the fee owner of that certain real property located at 425 Cedar Street, Waterloo, Iowa, as legally described and depicted on the attached Exhibit A ("Bank Property"). City is the fee owner of that certain real property legally described and depicted on the attached Exhibit 13 ("City Property"). C. To accommodate changes in the City's construction plans, Bank and City desire to incorporate new easements into the Master Easement Agreement. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Bank and City agree as follows: 1. Bank Easement Grants to City — Temporary Construction Easement. The following subsection shall be added as Section 1(a)(iv) of the Master Easement Agreement: (iv) site work, staging and constructing the lower Plaza area over and upon the cross -hatched portion of the Bank Property labeled as "Temporary Easement Required for Lower Plaza Construction" on the attached Exhibit K. 2. Bank Easement Grants to City — Permanent Easement. The following subsection shall be added as Section 1(b) of the Master Easement Agreement: b. Permanent Easement. Bank hereby grants to the City a permanent easement over and across that portion of the Bank Property depicted on the attached Exhibit L (the "Water Main Easement Area") for the construction, erection, and continued operation, maintenance, repair, alteration, inspection, and replacement of a new water main servicing Bank's building on the Bank Property. In light of the fact that Bank operates a retail facility on the Bank Property, City shall not (i) conduct any maintenance or repair of the water main during regular Bank business hours, unless in the case of an emergency as determined by City or Waterloo Water Works in the exercise of their reasonable discretion; (ii) block or in any way restrict access to or from the Bank Property; or (iii) otherwise cause Bank's operations on the. Bank Property to be interfered 1 Waterloo, IA with or interrupted. City agrees to repair any and all damage caused to the Water Main Easement Area or the Bank Property by City, its employees, agents or contractors. Further, promptly after completion of the initial installation or subsequent repair or maintenance of the water main, City shall immediately repair the surface of the Water Main Easement Area to the same or better condition than it existed prior to such installation, repair, or maintenance. 3. City Easement Grants to Bank — Additional Temporary Parking. The following subsection shall be added as Section 2(f) of the Master Easement Agreement: f. Temporary Parking and Access Easement — During Construction of Plaza. City hereby grants to the Bank a temporary easement for the exclusive use, during the customary hours of operation of the bank branch on the Bank Property, of 26 parking spaces on the land legally described on the attached Exhibit B and depicted on the attached Exhibit M (the "Plaza Construction Parking Easement Area"). This easement shall commence on the Effective Date of the May 2010 amendment to the Agreement and shall terminate upon the date that City provides alternate parking arrangements as necessary in connection with the construction phase for the upper plaza. 4. Authority. Bank and City each represents and warrants that it has all the necessary approvals and authority to enter into this Amendment, and shall indemnify and hold each other harmless for any breach of this representation and warranty. 5. No Existing Defaults. Bank and City represent and warrant that there are currently no defaults by either party under the Master Easement Agreement. 6. Counterparts. This Amendment may be executed in any number of counterparts, each of which shall be an original, but such counterparts shall together constitute one and the same instrument. Faxed signatures shall be considered originals. 7. Ratification. All of the terms of the Master Easement Agreement, as amended hereby, are hereby ratified and confirmed. 8. Defined Terms. Unless otherwise stated, all capitalized words in this Amendment that are not normally capitalized shall have the meaning ascribed in the Lease. /Remainder of page intentionally left blank Signature pages and exhibits follow.] Waterloo, IA WHEREFORE, Bank and City have executed this Master Easement Agreement by their duly authorized representatives as of the date first above written. BANK: U.S. BANK NATIONAL ASSOCIATION STATE OF /r)1036/4-117---' JOZt117--- COUNTY OF By: Its: l°C. 6 efl.5 r b EAE On this X14 day of -at-1-(U- , 2010, before me, the undersigned, a Notary Public in and for the State of /1-16S0,4 , duly commissioned and sworn, personally appeared (11r_etbziee and Ku R ((' eu 1z. , to me known to be the persons of U.S. BANK NATIONAL ASSOCIATION, the national banking association that executed the within and foregoing instrument, and acknowledged said instrument to be a free and voluntary act and deed and the free and voluntary act and deed of U.S. BANK NATIONAL ASSOCIATION for the uses and purposes therein mentioned; and on oath stated that each was authorized to execute the said instrument on behalf of said U.S. BANK NATIONAL ASSOCIATION. IN WITNESS WHEREOF I have hereunto set my hand and official seal this g rj day ofr, , 2010. A A A a A. A A AA /A A A SUSANNA L SIT Notary Public -Notary Seal State of Missouri, St Louis County Commission # 07048637 My Commission Expires May 14, 2011 3 CITY: ATTEST: By: ' c>S Suzy Sc u = e , City Clerk STATE OF IOWA COUNTY OF BLACK HAWK Waterloo, IA CITY OF WATERLOO By: Ernest G. Clark, Mayor ) ss. On this day ofTO t _-2010, before me, a Notary Public in and for the State of Iowa, 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; 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 as contained in the Resolution adopted by the City Council on , 2010, and that Ernest G. Clark and Suzy Schares 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. 4 Waterloo, IA EXHIBIT K Legal Description and Depiction of Temporary Construction Easement [See following 2 pages.] PREPARED SY, MICHAEL R. FAME. AECOM. 50I SYCAMDRE STREET. SUITE 222, WATERLOO, FDWA, 50703, 314-232-6531 AcQuIsmON PLAT CITY OF WATERLOO, IOWA TEMPORARY EASEMENT DEM HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: FIRSTAR PROPERTY MANAGEMENT COUNTY PARCEL NO. 8913-26-229-007 10 0 • ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO *RELOCATED CEDAR STREET (60') 0 FD REBAR/YELLOW PLASTIC CAP N0. 8505 9 BEARING / DISTANCE TABLE I TO 2 N41°09'52°8 185.00' 2 TO 3 N48°57'19°W 106.98' 3 TO 4 540°49'2310 29.67' 4 TO 5 N49°10'37°W 3030' 5 TO 6 S40°49'23 -W 7.33' 6 TO 7 N49°10'37.'0 8.55' 7 TO 8 540°49'23'W 3.97' 8 TO 9 N49°10'3714 6.13' 9 TO 10 540°49'23'W 0.85' 10 TO II N48°57'I9'W 5.60' 1 I TO 12 N41 °02'41'8 15.00' 12 TO 13 N48°57'19'0 150.00' 13 TO 14 N41 °02'37'E 27.00' 14 TO 3 S48°57'19'8 200.62' AECOM 8 9 10 0 50 100 150 200 ` ,4� ms`s P ®3 PQ. N41°09'52'E 40.00' ®� DETAIL SHEET 1 OF 2 1 hereby certify that this Lend Surveying document vas Prepared by me or wiser my direct personal supervlalen and MMD that 1 am a duly Licensed Land Swayer yt,r'.. under the law of the State of low. aeaa j' MICHAEL R. FAME Oats f,.� n=bet bee ter 8005 Ma My license renewal date la Oecenter 31,2010 Pages er sheet: revered by this teal. AhcF11 I FDO 2 OF 2 SHEET 1 OF 2 PREPARED BY, WHAM R. EAGLE. AECOM. 501 SYCAMORE STREET. SUITE 222. WATERLOO. IOWA. 50703. 319-232-6531 ACQUISMON PLAT CITY OF WATERLOO, IOWA TEMPORARY EASEMENT DEED HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: FIRSTAR PROPERTY MANAGEMENT COUNTY PARCEL NO. 6913-26-229-007 DESCRIPTION: TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF VACATED CEDAR STREET WHICH LIES NORTHEASTERLY OF BLOCK I OF THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT INTERSECTION OF THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED CEDAR STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE (ALSO BEING THE SOUTHWESTERLY LINE OF LOT I OF BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO), SAID POINT BEING 40.00 FEET NORTHEASTERLY FROM THE SOUTHERLY CORNER OF SAID LOT I, THENCE NORTH 41° (DEGREES) 09' (MINUTES) 52° (SECONDS)EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE (ALSO BEING THE SOUTHWESTERLY LINE OF LOT I OF BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO), 185.00 FEET TO A LINE THAT IS 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VACATED CEDAR STREET; THENCE NORTH 48°57'19' WEST ON THE LINE THAT 15 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SMD VACATED CEDAR STREET, 106.98 FEET TO A CORNER OF THE BUILDING, BEING THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED• THENCE SOUTH 40°49'23" WEST ON AN OUTSIDE WALL OF THE BUILDING, 29.67 FEET; THENCE NORTH 49°10'37' WEST ON AN OUTSIDE WALL OF THE BUILDING, 30.50 FEET; THENCE SOUTH 40°49'23' WEST ON AN OUTSIDE WALL OF THE BUILDING, 7.33 FEET; THENCE NORTH 49°10'37' WEST ON AN OUTSIDE WALL OF THE BUILDING, 8.55 FEET; THENCE SOUTH 40°49'23' WEST ON AN OUTSIDE WALL OF THE BUILDING, 3.97 FEET; THENCE NORTH 49°10'37° WEST ON AN OUTSIDE WALL OF THE BUILDING, 6.13 FEET; THENCE SOUTH 40°49'23' WEST ON AN OUTSIDE WALL OF THE BUILDING, 0.85 FEET; THENCE NORTH 48057'19. WEST, 5.60 FEET; THENCE NORTH 41°02'41" EAST, 15.00 FEET; THENCE NORTH 48°57'19' WEST, 150.00 FEET; THENCE NORTH 41°02'37' EAST, 27.00 FEET TO THE LINE THAT 1S 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VACATED CEDAR STREET; THENCE SOUTH 48°57'19' EAST ON THE LINE THAT IS 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LINE OF SAID VACATED CEDAR STREET, 200.62 FEET TO THE POINT OF BEGINNING. CONTAINING 5,758 SQUARE FEET OR 0.13 ACRE. AKOM SHEET 2 OF 2 Waterloo, IA EXHIBIT L Legal Description and Depiction of Water Main Easement Area [See following 2 pages.] a PREPARED 0Ye MICHAEL R. FAOLE. AECOM, 501 SYCAMORE STREET, SUITE 222. WATERLOO. IOWA, 50703, 319-232-5531 ACQUISITION PLAT CRY OF WATERLOO, IOWA PERMANENT EASEMENT DEED HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: RRSTAR PROPERTY MANAGEMENT COUNTY PARCEL NO. 8913-26-229-007 ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO kr - 4. / / 6o- / V LAND kr A=yr, `. 1 hereby tart try that ems Land Surseyin0 dna®ent meed prepared by es: dr malar ey direct perwaI saperrltian and 1 as a duly Licensed Lend Surreyer mater the len at the State atom. [il. aea s NIDISEL R. FAME Date + � License =bar 0505 y° Ny 1 Icenee reneval date is December 31.20 10 Paget er sheets catered by thin sent: PEELS I A!0 2 IIP 2 AECOM 10 QP S48°57'21.E 45.00' S41°09'52'W 46.00' N41 °09'52"E 139.00' tie N41 °09'52`E 40.00' tRELOCATED CEDAR STREET (601 • FD REBAR/YELLOW PLASTIC CAP NO. 8505 0 50 100 150 200 SCALE IN FEET SHEET 1 OF 2 PREPARED BY, MICHAEL R. FAOLE. AECOM, 501 SYCAMORE S1I* i, SUITE 222, WATERLOO. IOWA. 50703, 319-232-6531 ACQUISITION PLAT CITY OF WATERLOO, IOWA PERMANENT EASEMENT DEED HOLDER: MERCANTILE BANK OF NORTHERN IOWA TAXES: RRSTAR PROPERTY MANAGEMENT COUNTY PARCEL NO. 8913-26-229-007 DESCRIPTION:PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF VACATED CEDAR STREET WHICH LIES NORTHEASTERLY OF BLOCK 1 OF THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IDWA,DESCRIBED A5 FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE PRESENT NORTHEASTERLY RIGHT-OF-WAY LINE OF RELOCATED CEDAR STREET AND THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE (ALSO BEING THE SOUTHWESTERLY LINE DF LOT I OF BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO),SAID POINT BEING 40.00 FEET NORTHEASTERLY FROM THE SOUTHERLY CORNER OF SAID LOT I; THENCE NORTH 41° (DEGREES) 09' (MINUTES)52°(SECONDS)EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE PRESENT NORTHWESTERLY RIGHT -DF -WAY LINE OF PARK AVENUE (ALSO BEING THE SOUTHWESTERLY LINE OF LOT I OF BLOCK I OF SAID ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO), 139.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED)THENCE NORTH 03°53'49° WEST, 64.98 FEET TO A LINE THAT IS 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LI NE OF VACATED CEDAR STREET;THENCE SOUTH 48°57'21° EAST ON THE LINE THAT IS 15.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE NORTHEASTERLY RIGHT-OF-WAY LI NE OF VACATED CEDAR STREET,46.00 FEET TO THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 41°09'52" WEST ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE,46.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,058 SQUARE FEET OR 0.02 ACRE. AECOM SHEET 2 OF 2 Waterloo, IA EXHIBIT M Depiction of Plaza Construction Parking Easement Area [See following 1 page.]