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Home My WebLink AboutXL Colt - Sanitary Sewer Easement Agmnt - 2/6/2017Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 SANITARY SEWER EASEMENT AGREEMENT THIS SANITARY SEWER EASEMENT AGREEMENT is entered into by and between XL Colt Fanns, LLC ("XL Colt") and the City of Waterloo, Iowa ("City"). WHEREAS, XL Colt is the owner of real estate legally described as: See attached Exhibit "A" which is to be developed into a subdivision to be known as Audubon Hills First Addition, Waterloo, Black Hawk County, Iowa ("Audubon Hills First"). and real estate to the west of Audubon Hills First being part of the preliminary plat for Audubon Hills and to be platted into further additions ("XL Colt Property"). WHEREAS, XL Colt wishes to grant an easement on XL Colt Property to City for the right to construct, maintain, and repair a sanitary sewer to serve Audubon Hills First. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. XL Colt does hereby grant and convey to City the right to construct, maintain, and repair a sanitary sewer on XL Colt Property more particularly shown on the attached Exhibit `B" ("Easement Premises"). XL Colt agrees that all provisions of the Waterloo Code of Ordinances, including without limitation the Waterloo subdivision ordinance, relating to dedication of easements for sanitary sewer are applicable and binding on XL Colt. 2. Maintenance. XL Colt and any other party using Easement Premises shall maintain and be responsible for the cost of maintaining Easement Premises and such cost of maintenance shall include reconstruction when reasonably necessary. Notwithstanding the above provisions, either party causing damage to Easement Premises through negligence on the part of that party themselves or others for them or their behalf shall be wholly responsible for any such damage resulting from any such negligence. Each party will take reasonable steps to restore the Easement Premises to its condition prior to the construction, repair, or maintenance of the sanitary sewer. 3. Indemnification. XL Colt agrees to defend, protect, indemnify and hold harmless City from and against all claims, demands, liens, costs, losses, expenses and liabilities of any kind, including attorney's fees, arising out of or resulting from or related to the construction or maintenance of the sanitary sewer on XL Colt Property. 4. Running of Benefit and Burdens. All the provisions of this Agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties. 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. Its: Manager City of Waterloo, Iowa By: Quentin M. Hart Its: Mayor ATTEST: "44�A Vl�� Kelley ' , City Clerk re�ckrt STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. This record was acknowledged before me on this f day of , 2018, by David Lederman, as Manager of XL Colt Farms, LLC. A aac"146 Notary Public G. STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. rr S� This record was acknowledged before me on this t day of 2018, by Quentin M. Hart and Kelley tic, as Mayor and City Clerk, respectivel of the City of Waterloo, Iowa. Tile -11/c. r �� 1-1 , _ Notary Public Ll NAtVCY HIGCOMMISSION NO.T 229MY COAMISSION EXPIRES� DESCRIPTION: A STRIP OF LAND BEING 30 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES, THE CENTERLINE OF WHICH IS EXTENDED WESTERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN AUDUBON PARK FIFTH ADDITION TO THE CITY OF WATERLOO, IOWA; THENCE SOUTH 77°4443" EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 16°41'20" EAST, A DISTANCE OF 87.88 FEET; THENCE SOUTH 82°24'20" EAST, A DISTANCE OF 367.83 FEET; THENCE NORTH 0°15'57" WEST, A DISTANCE OF 153.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 82°24'20" WEST, A DISTANCE OF 370.88 FEET; THENCE NORTH 85°34'29" WEST, A DISTANCE OF 400.00 FEET; THENCE NORTH 81'12'22" WEST, A DISTANCE OF 182.62 FEET; THENCE NORTH 70°20'57" WEST, A DISTANCE OF 239.96 FEET TO A POINT ON THE EASTERLY LINE OF AUDUBON PARK 6th ADDITION, SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE EASTERLY AND WESTERLY ENDS THEREOF. CONTAINING 0.822 ACRES OR 35,804 SQUARE FEET, MORE OR LESS. i A STRIP OF LAND BEING 50 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES, THE CENTERLINE OF WHICH IS EXTENDED NORTHERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA; THENCE SOUTH 19°34'28" EAST ALONG THE EASTERLY LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE OF 30.00 FEET; THENCE SOUTH 70°20'57" EAST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 19°45'21" EAST, A DISTANCE OF 216.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF US HIGHWAY 20, SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTHERLY AND SOUTHERLY ENDS THEREOF. CONTAINING 0.248 ACRES OR 10,822 SQUARE FEET, MORE OR LESS. 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