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Home My WebLink AboutCity of Cedar Falls-12/5/2016Prepared by and return to: Michael J. Ascher, Cedar Falls Utilities, P.O. Box 769, Cedar Falls, IA 50613-0769, 1-319-268-5374 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS: That the undersigned, the City of Waterloo, Black Hawk County, Iowa, hereinafter "Grantor", for good and valuable consideration to Grantor, receipt of which is hereby acknowledged, does hereby grant unto the City of Cedar Falls, for the use and benefit of The Municipal Electric and Communication Utilities of the City of Cedar Falls, Black Hawk County, Iowa, hereinafter called "City", its successors and assigns, and to any other established entity which regularly furnishes communication, data or media services which are delivered or available on a city wide basis through the City a non-exclusive perpetual right-of- way easement with the right, privilege and authority to construct, reconstruct, operate, maintain and remove lines of transmission and/or distribution of electric energy and communication line or lines, including necessary wires, poles, structures, guys, stubs, grounding pads, transformers, overhang of insulators, conductors and cross -arms, and other fixtures, over, across, upon and under the following described real estate owned by the Grantor and located in the City of Waterloo, County of Black Hawk, State of Iowa, to -wit: See Attached "EXHIBIT A" for easement description Parcel: 8913-10-176-007 Together with the right, privilege and authority to trim or cut down any trees within 30 feet of the transmission line; and also the right to enter upon the above described premises at any and all times for the purpose above set forth. This shall include the right of the Utility to control the placing or erection of buildings or objects, temporary or permanent, closer than 30 feet of the transmission line. Said transmission line is to be constructed within the above described easement as shown on "EXHIBIT B". The City, its successors and assigns, will pay for or repair all damages to real estate (except the cutting and trimming of trees as herein authorized), tiling, fences, crops, and livestock caused by the construction, operation and maintenance of said transmission line. The City, its successors and assigns, agrees to defend, indemnify and save Grantor harmless from any and all losses, claims, actions, costs, expenses, judgments, subrogations, or other damages, including but not limited to reasonable attorney fees and expenses, resulting from injury to any person or damage to property, arising out of or incident to the activities and work of City, its employees, contractors and agents on the property as a result of this Easement. City shall not be held responsible to the extent of any losses, expenses, claims, subrogations, actions, costs, judgments, or other damages, proximately caused by the negligence of Grantor or any other person or entity. Dated this -) day of 1--' b, 2016. CITY OF WATERLOO, IOWA Quentin Hart, Mayor ATTEST: By: 6 Kelley Felchle, Ci Clerk ACKNOWLEDGMENT STATE OF IOWA ) ) ss COUNTY OF BLACK HAWK ) Za► 1 On this 10 day o t ), 2016, before me, the undersigned a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being by me duly sworn, did say they are respectively the Mayor and City Clerk of the City of Waterloo, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the City of Waterloo, and that the said instrument was signed and sealed on behalf of the City of Waterloo by authority of its City Council and in accordance with Resolution No. a- k , 2016, and that Quentin Hart and Kelley Felchle acknowledged the execution of said instrument to be the voluntary act and deed of said City Council, and by each of them voluntarily executed. mix IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal this \ t day ofr`u1/4.43L, 2016. '- 1 NANCY H%GBY COMMISSION NO.788229 MY COrMIS�S= RES Notary Public Printed Name: My Commission expires PROPOSED 69KV--\ TRANSMISSION LINE PROPOSED POL HYDRITE CHEMICAL 2815 WCF & N DR WATERLOO, IA NIA �CNSY PROPOSED POLE PROPOSED ANCHORS EXHIBIT "B" WCF & N DR. ACCESS ROAD - PL - PL - PL - R 1�-� pip 30.50 d 5 LT_ I s( 54 54 E CORNER NW 1/4 SECTION 10-T89N-R13W 54 The West 30.50' of the parcel recorded in Land Deed 560-287, at the Black Hawk County Record's Office, Black Hawk County, Iowa, as measured along the South line of said parcel. AST LINE NW 1/4 SECTION 10-T89N-R13W & CL C.C. & P. RAILROAD WCF & N DR. C.C. & P. RAILROAD RIGHT OF WAY LEGEND N ELECTRIC LINE EASEMENT PARCEL AS RECORDED C - ] IN LAND DEED 560-287 BLACK HAWK COUNTY, IA SECTION OR FRACTIONAL SECTION LINE RIGHT OF WAY LINE —Pl- - PARCEL LINE ® LAND CORNER -5. - E CORNER NW 1/4 SECTION 10-T89N-R13W ELECTRIC, GAS, WATER & COMMUNICATIONS CEDAR FALLS UTILITIES CEDAR FALLS, IOWA 11TLE: ELECTRIC LINE EASEMENT PLAT PART OF THE PARCEL RECORDED IN LAND DEED 560-287 CURRENT DEED HOLDER: CITY OF WATERLOO CHKD: APPR: DWN: MJA DATE: 10/28/16 SCALE: 1"=50' I REV: sHT: 1 of 1 DWG: EXHIBIT "A" Electric Line Easement Legal Description The West Thirty and Fifty Hundredths (30.50) feet of the parcel recorded in Land Deed 560-287, at the Black Hawk County Record's Office, Black Hawk County, Iowa, as measured along the South line, of said parcel.