HomeMy WebLinkAboutKwik Trip - Utilities Easement-10/16/2017Please return this copy to:
City Clerk & Finance Dept,
715 Mulberry St.
Waterloo, IA 50703
UTILITIES EASEMENT
For good and valuable consideration, the receipt of which
is hereby acknowledged, the City of Waterloo, an Iowa
municipality ( "Grantor") grants and conveys to Kwilc
Trip, Inc., a Wisconsin corporation ("Grantee"), a
permanent non-exclusive utilities easement, legally
described on attached Exhibit A-1 and depicted on
attached Exhibit A-2 ("Easement Property").
1. Grantor hereby grants and conveys to
Grantee, for the benefit of the Grantee's property, a
permanent non-exclusive utilities easement over, under
and across the Easement Property to allow Grantee to
install, maintain, operate, supplement and/or remove storm
sewer facilities, including the necessary underground and
above -ground associated facilities, accessories and
THIS SPACE RESERVED FORRECORDINC DATA
Return to:
Kwik Trip, Inc.,
Attn: Legal Department
P. 0. Box 2107
La Crosse, WI 54602-2107
P.I.N.
8913-32-476-010
appurtenances in and through the Easement Property,
together with the right to enter upon the Easement Property as may be necessary for such
purposes.
2. Grantor shall deliver possession of the Easement Property to Grantee "as -is,
where is" without any representation or warranty as to the condition of the same. Grantor
shall have no duty to prepare the Easement Property in any way for Grantee's use.
Following the grant of this Easement, Grantor shall have no further duty or obligation
with respect to the Easement Property, except as set forth herein. Any activities
conducted on the Easement Property by Grantor, its employees or agents, will not
damage or disturb Grantee's facilities, and the Grantor will repair any damage thereto
caused by the activities of Grantor, its employees or agents.
3. Grantee will construct, maintain and operate the facilities in and upon the
Easement Property in accordance with all federal, state and local laws and regulations,
and a standard of reasonable care. Any disturbance of the soil on the Easement Property
shall be done in accordance with applicable laws and regulations.
4. No building or other structure shall be permitted on or within the Easement
Property, and no other use shall be made of the Easement Property that interferes with the
exercise of the Grantee's rights.
5. Following any entry upon the Easement Property by the Grantee or its
contractors for the purposes set forth in Paragraph 1 above, the Grantee shall cause the
surface to be restored to the condition existing prior to such entry to the extent reasonably
possible.
6. Grantor warrants that it has good title to the Easement Property and full
right and authority to grant the foregoing easement.
7. This Easement shall run with the land and be binding on, and inure to the
benefit of, the assigns and successors in interest of Grantor and Grantee.
[Signature pages to follow]
Dated:
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, 2017.
Dated: I 2017.
STATE OF \ f-. )
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COUNTY OF C?) \ c Cu- a i&LV << )
GRANTOR:
CITY OF WATERLOO
By:
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I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies
that &tU t.,‘ rl In 1 --Vary , &e_i\ c- cc -A c,1r, A'c. of the City of Waterloo,
an Iowa municipality, signed the foregoing in rument, and who is known to me,
acknowledged before me on this date that, being informed of the contents of the
instrument, he/she executed the same voluntarily.
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Dated this day of ) , 2017.
STATE OF
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSIONZEX ARES
COUNTY OF
) ss.
Notary Public U U
State of \ owCL , County of 1'>luct<--)-VA-vok.
My Commission:
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I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies
that , of the City of Waterloo,
an Iowa municipality, signed the foregoing instrument, and who is known to me,
acknowledged before me on this date that, being informed of the contents of the
instrument, he/she executed the same voluntarily.
Dated this day of , 2017.
Notary Public
State of , County of
My Commission:
GRANTEE:
KWII( TRIP, INC.
Dated: , 2017. ' By:
Its:
STATE OF WISCONSIN )
) ss.
COUNTY OF LA CROSSE )
I, the undersigned, a Notary Public in and for said County, in said State, hereby certifies
that of Kwik Trip, Inc., a
Wisconsin corporation, has signed the foregoing instrument, and who is known to me,
acknowledged before me on this date that, being informed of the contents of the
instrument, he, executed the same voluntarily.
Dated this day of , 2017.
Notary Public
State of Wisconsin, County of La Crosse
My Commission:
This document was drafted by:
Thomas E Reinhart
P. O. Box 2107
La Crosse, WI 54602-2107
EXHIBIT A-1
EASEMENT PROPERTY
(Legal Description)
An easement for storm sewer purposes over, under and across that part of the SE
/ of Section 32, Township 89 North, Range 13 West of the Fifth Principal
Meridian, City of Waterloo, Black Hawk County, Iowa. Said easement is 20 feet
wide lying 10 feet on each side of the following described centerline:
Commencing 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 line
of Ridgeway Avenue as per Land Deed 569, page 604 in the Black Hawk County
Recorder's Office; thence North 00 degrees 49 minutes 33 seconds West 487.52
feet to the point of beginning; thence South 89 degrees 10 minutes 24 seconds
West 164.25 feet; thence North 41 degrees 08 minutes 08 seconds West 60.00 feet
to the point of termination.
Part of tax parcel no. 8913-32-476-010
EXHIBIT A-2
EASEMENT PROPERTY
(Depiction)