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HomeMy WebLinkAboutCentury Link Partial Release of Easement-8/30/2017e cam, /4-1-13 7IJ 4/Lt u11101u a wmmIPINInu Doc ID. 008230650006 Type GEN Recorded: 09/15/2017 at 04:22:26 PM Fee Amt: $32.00 Pape 1 of 6 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2018-00004845 PARTIAL RELEASE OF EASEMENT This Partial Release of Easement ("Partial Release") is made August 044",)017 by Qwest Corporation d/b/a CenturyLink QC ("CenturyLink"), successor -in -interest to US West Communications, Inc. BACKGROUND: A. Brock, Inc. ("Grantor"), signed as grantor that certain Easement and Option dated February 27, 1991 ("Easement"), whereby Grantor granted easement rights to CenturyLink's predecessor -in -interest across and over certain property owned by Grantor ("Easement Tract"), the Easement "Tract being legally described in the Easement. The Easement was filed of record on March 15, 1991 in the Black Hawk County Recorder's Office, Waterloo, Iowa, at 534 Deeds 663, and a copy of the Easement is attached to this Partial Release as Exhibit A and incorporated by reference into this Partial Release. B. The City of Waterloo has requested that CenturyLink relinquish its easement rights in a portion ofthe Easement Tract ("Released Property"), the Released Property being legally described on Exhibit 13 attached to and incorporated by reference into this Partial Release. RELEASE: For good and valuable consideration, The receipt and sufficiency of which are acknowledged, CenturyLink vacates and releases all of its right, title and interest in and to any and all easements and easement rights in the Released Property only that CenturyLink acquired pursuant to the Easement. Qwest Corporation d/b/a CenturyLink QC By: • //.. Name „ mes YYlonoo han Title: Tho yr nvintAr;n d Conn THE STATE OF �, ) COUNTY OFq.,/J_ ) A454‘4 BE IT REMEMBERED, that on this 3c) day oft 2017. before me, a Notary Public in and for said County and State, came James J. Monaghan, Manager Engineering &/` onstr ocftion, Qwest Corp, a Centurylink corporation, and is personally known to me to be the same person who signed this Partial Release as the act and deed of the corporation. IN WITNESS WHEREOF, I have herpiin'to subsch'ibe the day and year last above written. My ap int ent expires:21'3 I Not .1 - .1 4 rl.. !1 lie MELINZI URGETT: t'. O Conrni;sioi'number778279. • m r cion pires • /ows 8 }Cd,4 Sif.lyL3' aih Mk t: YL.'�+.4�dTsi1'; .>,... t ;Ftr�:�W�Ii P.,4•Ah t•i'dtillibMY1.'.Yli'M.?F.�1.+1`4iti11: �,�h `i.i:.�e�:. A:Z�?'s/ roficial seal It EXHIBIT A EASEMENT S YiuBi :.di!:l' a tiUM$ i1JC. a92orwrp •'ght of Way Department Rev. 1990 n03 East UniversityA E som=r Arra oprim Des Moines, Iowa Sag , 3 61 She undersigned Grantor(s) for and in consideration of Trnty-five and No/100 Dollars ($25.00) and other good and valuable consideration, the receipt whereof is hereby acaonwleagea, do hereby grant and coney to D S MST CORM IICTIONS, INC., a ColorMb Corporation, (Grantee) whose address is 2103 East University Avenue, Des Moines, Iowa 50317, its successors, assigns, l rJw', licensees and agents a -- perpetual easement to construct, reconstruct, operate, maintain and renes such telecommunications facilities as Grantee may require upon, over, under and across the following described land whidtthe Grantor canis or in which the Grantor has any interest, to wit: Part of•the E 1/2 of the SE 1/4 of Section 32, T89H, 213w, Block. Hawk County, Iowa, more specifically described in 3ook 534 Page 663 in the Black Hawk County Recorder's Office. The cable and conduit shall be buried within 10 feet of the Westerly right of way line of the public road located along the Easterly edge of the property. Grantee shall have the right of ingress and egress over and across the land of the Grantor to and frau the above-described property and the right to clear and keep cleared all trees and other obstructions. Grantee shall be real,onsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. An additional payment carpeted at the rate of One Dollar ($1.00) per foot will be paid to the owner or owners as their interests) shall appear, at the time of constructionof the teleonmanications facilities. The Grantor reserves the right to occupy, use and cultivate said easanent for all purposes not inconsistent with, nor interfering withthe rights herein granted. She rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, snnawcors and assigns of to. thehparties he7 day of t, 2,e - , 19 9 Brock. Inc: 1151.3-04 2.r RECur'hD. r.:;:iteL SPATE OF Michigan COMET OF wayne NY Title On this7 day pahn a A.D. 1961 before me, the undersigned, a Notary Public in and for said croovcy and said State, personally appeared uar..",a murk and , tome personally known, who, being by me duly sworn, did say that they are Harold kand respectively, of said corporation; that (no seal has keen procured hj the y(the seal affixed thereto is the seal of said) cvkNudtie n; the foregoing insentient was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said Harold Hark and , as such officers, acla owleaged the execution of said instrument to ?vo):untazy act and deed of said corporation, by it and by them voluntarily/a' 4d' ?-1aril • �� b.• a N Public in and for 94 u my Notary p: ° , state JANIC(/4UOY !l7yin�me p .gnature) Notary Public, Vic ayzt.r, Miarrpn `T` :.ding I,L_4& (E .','u zb. M ttig&l My CorzYnio E-or:c. S -., 9:r. ur 29, 1991 Janie • .0. ' j., • tf. o;.prim name on this 9-29 19 42 12726 }fisc ✓ sthtX AAN'A t09AiY. 1p}YA;i3 Ease ✓ filth 1N uwt Har 15 19_g1_ niofxi0 €'i/ 10. M, apt rsarde0 la 17471 GMAPARW �'/ PAGW qP' Y' pu/ 5nn45 yy `yL AetdAM Ueputl ABBx 11rE548 US West Communications Right of way Department 2103 E. University Das Moines, Iowa 50317 0 5 0 US West Communications Inc. RipUt of Way Department 2103 East University ,en i r PAM n 17110 un w. 10.1.11 „+:e N'5 TM N0. OR ccti AMCUNf ,ren) _ ,dozonzf a I i. � l., 7 R 95-2. �P.Q.i • 32. Tsar P 94/ mune '3 W • 14 • fAae�nu'/\ BLACK HAWK COUNTY ABSTRACT COMPANY B26 Brock, Inc. EASEMENT AND OPTION by Pres. Dated Feb 27 1991 to Filed Mar 15 1991 0 S West Communications, Inc. 11 Ease 546 Cons $25.00 etc Grant and convey a perpetual easement to construct, reconstruct, operate, maintain and remove such telecommunications facilities as Grantee may require upon, over, under and across part of the Et of the SE} of Section 32, 789N, R13W, Black Hawk County, Iowa, more specifically described in 534, Oeed_s 563. The cable and conduit shall be buried within 10 feet of the Westerly right of way line of the public road located along the Easterly edge of the property. Grantee shall have the right of ingress and egress over and across the land and the right to clear and keep cleared all trees and other obstructions. Grantee shall be responsible for all damage caused to Grantor arising from Grantee's exercise of the rights and privileges herein granted. An additional payment computed at the rate of $1.00 per foot will be paid to the owner or owners as the interest shall appear, at the time of construction of the telecommunications facilities. The Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with, nor interfering with the rights herein granted. EXHIBIT RELEASED PROPERTY That part of the SE '!. of Section 32, Township 89 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Southwest corner of Lot 1, Brock Addition; thence South 89 degrees 10 minutes 10 seconds West, 400.00 feet along the North right-of-way I ine of Ridgeway Avenue as per Land Deed 569, page 604 in Black Hawk County Recorder's Office; thence North 00 degrees 49 minutes 33 seconds West, 500.00 feet; thence North 89 degrees 10 minutes 10 seconds East, 400.00 feet to the West line of aforesaid Lot I; thence South 00 degrees 49 minutes 33 seconds East, 500.00 feet along said West line to the point of beginning.