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HomeMy WebLinkAboutWal-Mart R.E. Business Trust - Utility Easement - 12/3/2018 UTILITY EASEMENT THTC UTILITY EASEMENT ("Easement") is entered into as of the 3yy day of _'b .�� , 20 6 by and between Wal-Mart Real Estate Business Trust, a Delaware Statutory trust, whose address is 702 S.W. 8th Street, with offices at 2001 S. E. 10th Street, Bentonville, Arkansas 72716-0550, c/o #44-9384 Realty Management ("Grantor"), and City of Waterloo, Iowa, whose address is 715 Mulberry Street, Waterloo, Iowa 50703 ("Grantee"). WITNESSETH WHEREAS, Grantor is the owner of that certain tract or parcel of land situated in the City of Waterloo, County of Black Hawk, State of Iowa, more particularly described in Exhibit A attached hereto and made a part hereof("Grantor Tract"); and WHEREAS, Grantee has requested from Grantor and Grantor is desirous of granting to Grantee, a nonexclusive easement over a portion of the Grantor Tract ("Easement Tract") for the extension of utilities more particularly described on Exhibit B attached hereto and made a part hereof("Utility Easement") and as depicted on the site plan attached hereto and marked Exhibit C. NOW THEREFORE, in consideration of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant to Grantee a nonexclusive easement for sanitary sewer extensions and improvements over, across and under the Easement Tract, subject to the following terms and conditions to which the parties hereto do hereby agree: 1. Easement for Extension of Utilities. Grantor hereby grants to Grantee the nonexclusive Utility Easement on the Easement Tract for the extension of utilities that may reasonably be needed for making underground utility connections for the specific purpose of sanitary sewer improvements ("Improvements"). Grantee agrees to repair any damage caused to Grantor's Tract that is a direct or indirect result of the acts, omissions or negligence of Grantee, Grantee's customers, employees, invitees, or contractors in installing, extending, maintaining, removing, or repairing the utilities. In the exercise of such rights, Grantee shall not take or cause to be taken any action which would constitute a material change to the original civil engineering plan for the Grantor's Tract and Grantee shall use best efforts to minimize to the extent practicable any damage to or interference with the use and enjoyment of any other tract or of any business conducted thereon, including but not limited to the Grantor Tract. Grantee shall exercise Grantee's utility extension rights in such a manner that will cause minimal disruption to the on- going business operation of Grantor. Grantee also agrees not to disrupt the Easement Tract during the months of November and December, except to address emergency situations as determined in Grantee's reasonable discretion. 2. Use. Grantee, through its officers, employees and agents, shall have the right to enter upon the Easement Tract in such a manner and at such times from the date Kutak Rock-Firm Library-4827-7552-1280.1 2 hereof as may be reasonably necessary for the purpose of constructing, building, laying, patrolling, replacing and maintaining thereon certain underground sanitary sewer improvements, including such repairs, replacements and removals as may be from time to time required, provided, however, prior to any use by Grantee of the Utility Easement or building of Improvements thereon, Grantee shall, at its sole cost and expense, conduct an "as built" survey of all Improvements (per Grantor's standards as attached on Exhibit E attached hereto) and provide a copy of such survey to Grantor for Grantor's consent (which will not be unreasonably withheld). Said right shall be perpetual, but should Grantee cease to use, maintain and/or repair said easement line(s) for a period of two (2) years, then the applicable utility lines or appurtenances thereon installed in, upon or under the Easement Tract shall be removed by Grantee within one hundred twenty (120) days' notice from Grantor; provided, however, that Grantee's written certification of continued use of the underground sanitary sewer lines shall be deemed sufficient evidence that Grantee has not ceased to use, maintain or repair them. In no event shall the Easement Tract be used by Grantee as a staging area for any equipment, trucks, dirt, supplies, soil or material. 3. Maintenance. (a) Grantee shall restore the surface of the Easement Tract to its original condition immediately following any of Grantee's permitted activities within the Easement Tract, so that Grantor, its successors and assigns, shall have the free and unobstructed use thereof, subject to the rights of Grantee herein provided. Grantee will make no unreasonable interference with such use of the surface of said lands by Grantor, its successors and assigns. (b) Grantee, following the initial installation, and upon each and every occasion that the same is repaired, renewed, added or removed, shall restore the Easement Tract and Grantor Tract, and any such landscaping, sod, trees, shrubbery, buildings or improvements disturbed or damaged thereon, to a condition as they were prior to any such installation or work, including but not limited to the restoration of any topsoil; provided, however, that Grantee shall not be required to replant any trees or shrubbery the removal of which was or is necessary for construction and operation of the Utility Easement. Grantor shall not plant trees or shrubbery upon the Easement Tract. (c) If, in an emergency, it shall become necessary for Grantor to promptly make any repairs that otherwise would have been the responsibility of Grantee, or if Grantee shall fail to adequately maintain the Easement Tract as provided herein, then Grantor, at Grantor's sole option, but not obligation, may proceed forthwith to have the repairs made and pay the cost thereof, and to receive reimbursement therefor from Grantee within thirty (30) days after a written request for same. In such instances, Grantor shall provide Grantee with oral notification of its intention to make such repairs or the occurrence of such repairs, at the earliest practicable time given the nature and extent of the emergency. 4. Indemnification and Insurance. (a) Grantor, its successors and assigns, will not be responsible for damage by others to said utility lines. Grantee shall indemnify, defend and hold harmless Grantor from any damages or liability to persons or Kutak Rock-Firm Library-4827-7552-1280.1 3 property that might arise from the use, construction, removal, operation or maintenance of the Utility Easement and associated lines by Grantee, its agents, employees, contractors, or anyone authorized by Grantee. (b) Grantee will carry and keep in force, at its own expense, Commercial General Liability insurance with companies that do business in this State, in an amount not less than $2,000,000.00 single limited personal injury and property damage; and $2,000,000.00 combined personal injury and property damage. All policies of insurance shall be considered primary of any existing, similar insurance carried by Grantor. Grantee shall furnish Grantor with a Certificate of Insurance upon written request. 5. Hazardous Waste. Grantee (hereafter the indemnifying party), its successors and assigns, shall indemnify, defend and hold harmless Grantor from and against any and all losses, liabilities (including strict liability), damages, injuries, expenses, and costs including, without limitation, reasonable attorney's fees, of any settlement or judgment and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, its successors and assigns by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of the escape, seepage, leakage, spillage, emission, discharge or release of any Hazardous Substance" and/or "Hazardous Material" (as those terms may be defined in the acts recited hereinbelow) resulting from the operations of Grantee upon or under any parcel of land owned by Grantor including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses, and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act (and any and all amendments to the above-referenced acts), any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any such Hazardous Substance and/or Hazardous Material. 6. Duration. The agreement contained herein and the rights granted hereby shall run with the title to the Easement Tract and shall bind and inure to the benefit of the parties hereto and their respective heirs, successors, sublessees and assigns; subject, however, to the termination provisions of Paragraph 2 herein above. 7. Relocation. (a) Grantor reserves the right to modify or relocate the utility lines, Utility Easement and associated easements, if any, at the expense of Grantor, provided any such modification or relocation does not prevent adequate delivery of such utility services. (b) In case of the opening of a public road or street to or upon the Grantor Tract, then any portion of such line interfering with the proper construction and maintenance of such road or street shall be adjusted accordingly by Kutak Rock-Firm Library-4827-7552-1280.1 4 Grantee, at Grantee's expense, so as not to interfere with such road or street or Grantor's business operations. 8. Hazardous Materials. Grantee, and Grantee's successors and assigns, shall indemnify, defend and hold harmless Grantor from and against any and all losses, liabilities (including strict liability), claims, causes of action, damages, injuries, expenses and costs, including without limitation reasonable attorney's fees of any settlement, judgment or claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against, Grantor, and its successors and assigns, by any person or entity or governmental agency, for, with respect to, or as a direct or indirect result of, the construction of Grantee's improvements, use of Grantee's improvements by Grantee, its customers, suppliers, employees, and tenants or anyone else using the such improvements, the use of the Utility Easement, or any claims the escape, seepage, leakage, spillage, emission, discharge or release of any hazardous substance resulting from the operations of Grantee upon or under any tract of land owned by Grantor including without limitation, any losses, liabilities (including strict liability), damage, injuries, expenses and costs, including, without limitation, reasonable attorney's fees, of any settlement or judgment or claims asserted or arising under, as amended, the Comprehensive Environmental Response, Compensation and Liability Act, the Superfund Amendment and Reauthorization Act, the Resource Conservation Recovery Act, the Federal Water Pollution Control Act, the Federal Environmental Pesticides Act, the Clean Water Act, any so called federal, state or local "Superfund" or "Superlien" statute, or any other statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability (including strict liability), or standards of conduct concerning any hazardous substance. 9. Storm Water Requirements. In exercising any rights and privileges under this Easement, Grantee shall comply fully with any federal, state or local laws, regulations, ordinances, permits or other authorizations or approvals or other requirements relating to storm water discharges or the control of erosion or sediment discharges from construction projects, including but not limited to the Clean Water Act, 33 U.S.C. § 1251 et seq., and the Storm Water General Permit for Discharges Associated with Construction Activities (collectively the "Storm Water Requirements"). In addition to any other provisions of any Storm Water Requirements: A. Grantee shall, as required by any Storm Water Requirements, prepare a Storm Water Pollution Prevention Plan (the "Grantee SWPPP") for that part of the property owned by Grantor on which Grantee plans to conduct earth- disturbing activities, including but not limited to the Easement Tract. The Grantee SWPPP shall identify and describe the role of any other contractor, entity or individual contemporaneously undertaking earth-disturbing activities in complying with the Storm Water Requirements, and shall identify the manner in which Grantee and any such contractor, entity or individual shall coordinate to comply with the Storm Water Requirements and to avoid negatively impacting any erosion or sediment controls during earth-disturbing activities. Grantee shall Kutak Rock-Firm Library-4827-7552-1280.1 5 provide Grantor with a copy of the Grantee S WPPP prior to initiating any earth- disturbing activities. B. Grantee shall, as required by any Storm Water Requirements, submit a "Notice of Intent" (as such term is commonly defined in the environmental compliance industry) or other permit application prior to initiating any ground-disturbing activities at the property owned by Grantor, including but not limited to the Easement Tract, covering the number of acres which will be disturbed by Grantee. Grantee shall submit such Notice of Intent or other permit application regardless of whether Grantor or any agent or contractor of Grantor has also submitted any Notice of Intent or other permit application, unless any Storm Water Requirements expressly prohibit such submittal. Grantee shall provide Grantor with a copy of the Notice of Intent or other permit application prior to initiating any earth-disturbing activities. C. If Grantee and Grantor, or any agent or contractor of Grantor, contemporaneously undertake any earth-disturbing activities, Grantee shall attend any weekly meetings held by Grantor, or any agent or contractor of Grantor, to review the requirements of any applicable permits, the Grantee SWPPP and other SWPPPs prepared for the property owned by Grantor, including but not limited to the Easement Tract, to address any problems that have arisen in implementing the SWPPPs or maintaining Best Management Practices ("BMPs"). D. In the event Grantee, in exercising the rights and privileges of this Easement requires the development and/or use of borrow, material, equipment or waste storage sites, Grantee agrees it shall, prior to the development and/or use of such sites, obtain any permits or approvals necessary for the legal use of such sites, and shall also comply with all laws, regulations and permit conditions applicable to such sites. 10. Permits and Licenses. Grantee shall secure, maintain and comply with all required licenses, permits and certificates relating to, or otherwise necessary or appropriate for, the construction, installation, repair, replacement and maintenance of Grantee's improvements. Grantee shall comply with any and all applicable federal, state and local laws, rules, regulations, statutes, codes, orders and ordinances, including, but not limited to, those governing the prevention, abatement and elimination of pollution and/or protection of the environment and the employment of its workers. Grantee acknowledges that it is Grantee's sole responsibility to obtain any governmental permits to perform any required maintenance checks, and to abide by any governmental regulations associated with the use, construction, patrolling, replacement and maintenance of Grantee's improvements, as applicable. 11. Default by Grantee. If Grantee defaults in the performance of any provision contained in this Easement, Grantor may terminate this Easement following written notice and a fifteen-(15) day period during which Grantee shall have the opportunity to cure such default to Grantor's reasonable satisfaction. If Grantor terminates this Kutak Rock-Firm Library-4827-7552-1280.1 6 Easement under this provision, Grantee may exercise any and all remedies available at law or in equity. 12. Payment. Any reimbursable due under this agreement (payment reimbursing Wal-Mart for an expenditure made on behalf of Grantee) should be sent to either of the following addresses: (Regular Mail) Wal-Mart Stores, Inc. P.O. Box 502215 St. Louis, MO 63150-2215 OR (Overnight Mail) Wal-Mart Stores, Inc. 800 Market St., 4th Floor Lockbox# 502215 St. Louis, MO 63101 Any receivable (excepting reimbursable) due Wal-Mart under the terms of this agreement should be sent to either of the following addresses: (Regular Mail) Wal-Mart Stores, Inc. P.O. Box 500620 St. Louis, MO 63150-0620 OR (Overnight Mail) Wal-Mart Stores, Inc. 800 Market St., 4th Floor Lockbox# 500620 St. Louis, MO 63101 13. Compliance with Law. Grantee, in exercising the privileges granted by this Easement, shall comply with all applicable federal, state, county and municipal laws, ordinances and regulations. 14. Headings. The headings of the paragraph contained herein are intended for reference purposes only and shall not be used to interpret the agreement contained herein or the rights granted hereby. 15. Counterparts. This agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Kutak Rock-Firm Library4827-7552-1280.1 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. GRANTOR ATTE ���� 'l C1 csl\�� Scr�c-�S•� �S�.kG�- By:•�`���S Title: a2 � 'L� It TEE: TTE T By: ('(�u ert-kr-\ �- Title: o v' Kutak Rock-Firm Library-4827-7552-1280.1 8 TRUST ACKNOWLEDGMENT STATE OF ARKANSAS ) COUNTY OF BENTON ) On this -�) 0 day of before me, the undersigned notary public in and for sad County and State, personally appeared Sod to me personally known, who, being by me duly sworn, did say that he is / of WAL-MART REAL ESTATE BUSINESS TRUST and that the seal affixed to the foregoing instrument is the seal of said trust, and that said instrument was signed and sealed on behalf of said trust by authority of its Trustee, and said C®\O ..-\ S cry z�t acknowledged said instrument to be the free act and deed of said trust. `-) WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the day of Zo 9 f OTARY PUBLIC My Commission Expires: I-- - - - I, RYAN PETfIGREW =. *-t MY COMMISSION#12369408 EXPIRES:January 23,2019 Washington County Kutak Rock-Firm Library-4827-7552-1280.1 9 CORPORATE ACKNOWLEDGMENT STATE OF uI G COUNTY OF Gl( r( § On this b day of Ce, �_ Z ,1 o , before me, the undersigned notary public in and for said County and State, personally appeared LyQY41r1 4Aikx--1— , to me personally known, who, being by me duly sworn, did say that he is LkNo Y-- of 1n�a:�e� , a corporation, and that the seal affixed to the foregoing instrument is the seal of said corporation, and that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and said acknowledged said instrument to be the free act and deed of said corporation. WITNESS MY HAND and notarial seal subscribed and affixed in said County and State the��o` day of -be-ct4 ,- NOTARY LI My Commission Expires: NAt4CY HIGBY COMMIS S1 N0.788229 MY cQjvtMlSS1t7N EXPIRES 'o w P Kutak Rock-Firm Library-4827-7552-1280.1 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS: P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 PERMANENT EASEMENT DESCRIPTION:PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO.3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00'(DEGREES)25'(MINUTES) 39"(SECONDS)WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET;THENCE SOUTH 89°09'48"EAST,316.29 FEET;THENCE SOUTH 82"16'10"EAST,135.77 FEET TO THE SOUTH LINE OF SAID LOT 1;THENCE SOUTH 89"13'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 450.62 FEET TO THE POINT OF BEGINNING. CONTAINING 9,105 SQUARE FEET OR 0.21 ACRE. A COM SHEET 2 OF 2 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR. CITY OF WATERLOO,BLACK HAWK COUNTYj,IOWA OWNM WAL"KT RE BUSINESS ESS TRUST ADDRESS:F.O.BOX 8050 M-$'055$ 8ENTONVILLE,APkANW...72712-8050 COUNTY PARCEL NO.,8813,02-376-008 PROJECT'.PARCEL.NO'1.21 121 'PERMANENT EASEMENT CRO,SSR,OAIIS PLAT NO. 3 OT 1 /—EXIST ING DRA(NAOE EASEMENT ---------- 2 V A C ATE 0;NUA-P)q-Y ROA EXISTING; 8'UTILITY EASEMENT Lu > F Q Y" 122 123 U-24 PLAST'It GAP NO'S x8 LOT I LOT I LOT I TRACT I -CROSSROADS ESTATES CROSSROADS RE-PLAT 5: ESTATES REPLA TRACT PERMANENT EASEMENT .0 40 120 180 240. SEARING/DISTANCE11111 1 I mmlt—� TO 2 N-W2-W.39!'w 28.88.' . SCALE IN FEET 21.6.1 1 s 806,00'48"ii, 316.19 3:TO 4 S kq 16`I.Q'E' 135,77 4T61 S6,961TW-W 450.62- .m el.rrrv.�wn.i swM.uwn app V, AREA PE %JO5 %F.,OR 0,21 ACRE A te NN I.I - K'6l03 ,46k4l Cru it Or lioe•31,2016 AECOM SHEET 1 OF 2 Exhibit "C" Cont. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 TEMPORARY EASEMENT DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO.3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING ATTHE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00'25'39"WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 00"2539"WEST ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 38.95 FEET;THENCE SOUTH 89°09'48"EAST,205.56 FEET;THENCE SOUTH 00°00'00"EAST,10.75 FEET; THENCE SOUTH 89°09'48"EAST,201.88 FEET;THENCE NORTH 89°20'03"EAST,380.34 FEET TO THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE; THENCE SOUTH 00°30'19"EAST ON THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE,45.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 89°13'30"WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 337.05 FEET;THENCE NORTH 82"16'10"WEST,135.77 FEET;THENCE NORTH 89°09'48"WEST,316.29 FEET TO THE POINT OF BEGINNING. CONTAINING 31,313 SQUARE FEET OR 0.72 ACRE. JAScom SHEET 2 OF 2 Exhibit "C" Cont. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 TEMPORARY EASEMENT CROSSROADS PLAT NO.3 LOT I 121 EXISTING DRAINAGE EASEMENT uj 3 5 ------- =�-----4- I -------- ----------------? S 2 P.O.B. 1��^'-- S LINE SWI/4 10 9-- SEC 2-88-13W 1 --- - -- - - EXISTING 8'UTILITY EASEMENT VACATED MURPHY ROAD (66') ------------ ---� --- -----o FD I.P.W/ 123 124 125 YELLOW 122 PLASTIC CAP NO.78 1 LOT I LOT I 120 LOT I TRACT I CROSSROADS CROSSROADS ESTATES TRACT 2 ESTATES REPLAT NO. 5 REPLAT NO. 2 TEMPORARY EASEMENT BEARING/DISTANCE 1 TO 2 N 00°25'39"W 28.98' 2 TO 3 N 000 25'39"W 38.95' 3 TO 4 S 89°-0948-E 205.56' 4 TO 5 S 000 00'00"E ! 10.75' WT02890 09'48"E 201.88' 890 20'03"E 380.34' S 000 30'19"E 45.00' 89°13'30"W 337.05' 820 16'10"W 135.77' 890 09'46'W 316,29' AREA T.E. = 37,313 S.F. OR 0.72 ACRE 0 60 120 180 240 SCALE IN FEET A=COM SHEET 1 OF 2 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 DESCRIPTION:PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH,RANGE 13 WEST OF THE STH PRINCIPAL MERIDIAN,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89°(DEGREES)13' (MINUTES)30"(SECONDS)EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00°25'39"WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 33.00 FEETTO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE SOUTH 89°13'30"WEST ON THE NORTH LINE OF VACATED MURPHY ROAD,200.16 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00°04'06"EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE,34.60 FEET;THENCE SOUTH 89°09'48"EAST,199.90 FEETTO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00°25'39"EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING. CONTAINING 6,358 SQUARE FEET OR 0.15 ACRE. 9 com SHEET 2 OF 2 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERWO,.BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS;P O.BOX8050 MS 0.55.5 BENTONVILLE,:ARKANSAS'71712405.0. COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 i. PART OF THE SWI/4 OF THE :sWk/4 SEGI2-.88-13W EXISTING - -- 4 5 118, DRAINAGE EASEMENT z 'X w a. 3 :: - c V:ACATW,MORPR ROAD C661. 2 1' S LINE SWI/ SEC 2 8 I'3W -- SE COR' S6 8.WI/4 SEt; 2 88—`13W N89Q13'30"E� - 13f8 71;' {I85 REOOR 3{7pI SW 0<OR Ste �48�13W FD. YELLOW" PLASTIC CAP NO.7811 N PERMANENT EASEMENT BEARING!DISTANCE . 1 TO 2. N:89°13`:30"E 1 318 71' 1 3=17.85'. RECORD: 2_`o 9 i N 00"2&3v,W 33.00 3 TO4. S 89°IS 30"W 200.96' 0 20 40: GO 80 4•TO 5: N(),00104'06"E 34:60' ��--- - 5 TO 6 S'89°09`48'iE 499.90' _-� 6 TO3 S 00°25'.39'G E, 28;98 SCALE IN FEET .. '.. r MrG6r2eeNGy GfSG inuliad sweyriA AREA :F:E. 6,35$ SF Oj` Q1 ACRE eoew.G.riGom+.d nr:.ea "yuneetxnabwG..T:ian.ae w"tAV, �'44 ilia Is.a;MY msN.1i.d Ar+'yor ._.. 't' wW i, /y Stat!4T IW4.10 L(s pg - 1as+r Lrcanarm.ew 15°5 e'. #' py tuen imeml 4f'e:is.tlica.b.i 74';tO i ASCOM SHEET 1 OF;2. ---------•--------------- -----------------------------------------------------------------•------------------------------------------------- Exhibit "C" Cont, TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 DESCRIPTION:TEMPORARY EASEMENT I A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN,CITY OF WATERLOO,COUNTY I OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. I COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89'13'30"EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00`25'39"WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 61.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 89°09'48"WEST,199.90 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00'04'06"EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE,38.93 FEET;THENCE SOUTH 89°09'48"EAST,199.57 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00°25'39"EAST ON THE I EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 38.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,774 SQUARE FEET OR 0.18 ACRE. i I I I I I I I I REVISED 202,2016 I A_COM SHEET 2 OF 2 I ------------- ----------- ' ' --------------------------- ----------------------------------------------------------------------------------------------'----'-'------' | Exhibit "C" Cont. TEMPORARY EASEMENT D KY RUN CREEK INTERCEPTOR CITY OF WATERLOO,BLACK HAWK COUNTY,IOWA MART INC OWNER: WAL ADDRESS:P.O.BOX 8050 MS 0555 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 EXISTING DRAINAGE EASEMENT -2—--—————————————— —————- -------------- PART OF THE X SWI/4 OF THE SWI/4 LU SEC. 2-88-13W 200'RECORD 33.00, S LINE SWI/4 E -88-13W ----------- SE CDR SWI/4 SWI/4 SEC 2-3 1-1 1318.7 1' (1317.85 RECORD) FD YELLOW �—SW CDR SEC 2-88-13W PLASTIC CAP NO.7811 TEMPORARY EASEMENT 3TO4 N 890 09'48!'W 199.90, 199 T 0 20 40 60 so SCALE IN FEET REVISED 2/oZ2016 SHEET I OF 2 � � i-------'-'---------�---'---'---''-----'--'--'-'-------'---------�-'-------'--------'-- FFExhibit "C" ZW O U >- J U J J Q Z W Q H 3AI210 HtlHtlS W W WZ W S Z W I � -1-7 :,� -,.i W F- O W m 3 1 1 I = Q Q 0 Z WLLJ J 0 W W Cn IQ m CD WLLJ � F L>_ F. 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Vol W'�'"'f%°3Ail10 BI230NtlX3'ltl� adr o } Y O U 6 DRIVE, 34.60 FEET;THENCE SOUTH 89'09'48" EAST, 199.90 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00°2539" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING. CONTAINING 6,358 SQUARE FEET OR 0.15 ACRE. PARCEL 121 DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO. 3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00°25'39"WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 00°25'39"WEST ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 38.95 FEET;THENCE SOUTH 89009'48" EAST, 205.56 FEET;THENCE SOUTH 00000'00" EAST, 10.75 FEET; THENCE SOUTH 89°09'48" EAST, 201.88 FEET;THENCE NORTH 89020'03" EAST, 380.34 FEET TO THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE; THENCE SOUTH 00°30'19" EAST ON THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE,45.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 89013'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 337.05 FEET;THENCE NORTH 82°16'10"WEST, 135.77 FEET;THENCE NORTH 89°09'48"WEST, 316.29 FEET TO THE POINT OF BEGINNING. CONTAINING 31,313 SQUARE FEET OR 0.72 ACRE. AND DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO. 3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00°(DEGREES) 25' (MINUTES) 39" (SECONDS)WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET;THENCE SOUTH 89009'48" EAST,316.29 FEET;THENCE SOUTH 82'16'10" EAST, 135.77 FEET TO THE SOUTH LINE OF SAID LOT 1;THENCE SOUTH 89013'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 450.62 FEET TO THE POINT OF BEGINNING. CONTAINING 9,105 SQUARE FEET OR 0.21 ACRE. Exhibit "B" PARCEL 118 DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89°13'30" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00°25'39"WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 61.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 89°09'48"WEST, 199.90 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00'04'06" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE, 38.93 FEET;THENCE SOUTH 89°09'48" EAST, 199.57 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00°25'39" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 38.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,774 SQUARE FEET OR 0.18 ACRE. AND DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89°(DEGREES) 13' (MINUTES) 30" (SECONDS) EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00°25'39" WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE SOUTH 89°13'30"WEST ON THE NORTH LINE OF VACATED MURPHY ROAD,200.16 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00°04'06" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA Exhibit "A" Lot 1 of Crossroads Plat No. 3, Waterloo, Black Hawk County Iowa and The south 100 Feet of the following: Unplatted Waterloo West, Part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 88, Range 13, commencing at the Southwest Corner of said Section 2, thence due East 1317.85 Feet along the South line of Section 2 to the Southeast Corner of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 2, thence North along the East line of the of the Southwest Quarter of the Southwest Quarter a distance of 33 Feet to the point of beginning,thence continuing North along the said East line a distance of 710.7 Feet,thence South 48 degrees 48 minutes West 266.9 Feet, thence South 00 degrees 17.5 minutes West 534.9 Feet,thence South 90 degrees 00 minutes, East 200 Feet of the point of beginning. Exhibit "A" Lot 1 of Crossroads Plat No. 3, Waterloo, Black Hawk County Iowa and The south 100 Feet of the following: Unplatted Waterloo West, Part of the Southwest Quarter of the Southwest Quarter of Section 2, Township 88, Range 13, commencing at the Southwest Corner of said Section 2, thence due East 1317.85 Feet along the South line of Section 2 to the Southeast Corner of the Southeast Corner of the Southwest Quarter of the Southwest Quarter of said Section 2, thence North along the East line of the of the Southwest Quarter of the Southwest Quarter a distance of 33 Feet to the point of beginning, thence continuing North along the said East line a distance of 710.7 Feet, thence South 48 degrees 48 minutes West 266.9 Feet, thence South 00 degrees 17.5 minutes West 534.9 Feet, thence South 90 degrees 00 minutes, East 200 Feet of the point of beginning. Exhibit "B" PARCEL 118 DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO,COUNTY OF BLACK HAWK, STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89°13'30" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00'25'39" WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 61.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 89°09'48"WEST, 199.90 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00°04'06" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE, 38.93 FEET;THENCE SOUTH 89°09'48" EAST, 199.57 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00°25'39" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 38.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,774 SQUARE FEET OR 0.18 ACRE. AND DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, CITY OF WATERLOO,COUNTY OF BLACK HAWK, STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89° (DEGREES) 13' (MINUTES) 30" (SECONDS) EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE NORTH 00°2539" WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE SOUTH 89°13'30" WEST ON THE NORTH LINE OF VACATED MURPHY ROAD, 200.16 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00°04'06" EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE, 34.60 FEET;THENCE SOUTH 89°09'48" EAST, 199.90 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2; THENCE SOUTH 00°25'39" EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING. CONTAINING 6,358 SQUARE FEET OR 0.15 ACRE. PARCEL 121 DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO. 3, CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00°25'39" WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 00'25'39" WEST ON THE WEST LINE OF SAID LOT 1, A DISTANCE OF 38.95 FEET;THENCE SOUTH 89°09'48" EAST, 205.56 FEET;THENCE SOUTH 00°00'00" EAST, 10.75 FEET; THENCE SOUTH 89°09'48" EAST, 201.88 FEET;THENCE NORTH 89°20'03" EAST, 380.34 FEET TO THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE; THENCE SOUTH 00°30'19" EAST ON THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE,45.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 89°13'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 337.05 FEET;THENCE NORTH 82016'10" WEST, 135.77 FEET;THENCE NORTH 89°09'48" WEST, 316.29 FEET TO THE POINT OF BEGINNING. CONTAINING 31,313 SQUARE FEET OR 0.72 ACRE. AND DESCRIPTION: PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO. 3, CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00° (DEGREES)25' (MINUTES) 39" (SECONDS) WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET;THENCE SOUTH 89°09'48" EAST, 316.29 FEET;THENCE SOUTH 82016'10" EAST, 135.77 FEET TO THE SOUTH LINE OF SAID LOT 1;THENCE SOUTH 89°13'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 450.62 FEET TO THE POINT OF BEGINNING. CONTAINING 9,105 SQUARE FEET OR 0.21 ACRE. Exhibit "C" zo ten. Z, W 3AI80 HV8VS w w S LL, move Z — w o w m cnOH � � U a 1 , ¢ Omww ❑ I W w J = cn rmL7ww ~ = cE W I ¢ N J 0- W O U I my 0 3 ¢ p r Z W CL w I h aw w i i :57 �- IZ Q O_ O Ia N W I--I Q �- z = -J CD O O O � ~ Q W O a w _ W z ml— W 3w0Q IZW O ~ U W F I z l © 0LLMZwwZ_ Q �I m. CL LLJ CD W Z w ' = JOWzoW W X I w 3 0 Z W a w m o w z ' i W wYw J_ p (nJ W O o I, o I I N O H Q = p W r w /z/� c� ❑ I I w p m ~ m CC H O X Z _ 3 w W Wr 0 ~ W tr w z W W i I `" I &a J > W p 0 0 0 I moocn w � Q ¢ 3 �_ a I = r r 3 W W m Wcl� C� W Q o i / O W W W O H W W H Q d Z m 2 = J J 3 J w � � wF- I– Q m W (n » per / o = ¢ oo wLLr 3 a z � = cncrncn � om LL] //nn a (LYL Z i W I �I Z <I I w l Q W H I Z ti I V/ I Z n ¢ W I �� 3 I (�� I N W \L Z i Q 1 3 U F a 0w i z I ..Jcnn rc W Z � Z U 6 ¢J I 2 I W = wa I f � � LL L W W L} o X I I NZ W i I ❑ -Z <I CD ' I a H s J Q =oW M ' z y , � Q �H a I i 0 I 3� 0 3AIHCI bJIHCINVX3�C Y O wl V --------------------------------------- ------------------------------------------------------------------------------------------------- I I I I Exhibit "C" Cont. I i I I TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 I BENTONVILLE,ARKANSAS 72712-8050 1 COUNTY PARCEL NO.8813-02-353-003 j PROJECT PARCEL NO.118 I I I I EXISTING 5 DRAINAGE EASEMENT 6 rr r r r r r r r r r r r rrrr rrr - j ' -- ------- -- 4 118 3 P.O.B. a z PART OF THE W SWI/4 OF THE SWI/4 a SEC. 2-8$-13W 200'RECORD 33.00' ; VACATED MURPHY ROAD 166') �I S LINE SWI/4 2 SEC 2-88-13W -------------:-- ------------�------------------------------------ SE - -------------- ----------------- _ ------ ---------------------- SE CDR SWI/4 SWI/4 SEC 2-88-13W 1 N69013'30'E 1318.71' I (1317.85 RECORD) SW COR SEC 2-88-13W FD LP.W/ --- I YELLOW I PLASTIC CAP NO.7811 I i I I TEMPORARY EASEMENT BEARING/DISTANCE I 1 TO 2 N 890 13'30"E 1,318Y1' 1,317.85' RECORD 2 TO 3 N 000 25'39'W 61.98' 3 TO 4 N 890 09'48!'W 199.90' I 4 TO 5 N 000 04'06"E 38.93' j 5 TO 6 S 890 09'48"E 199.57' 6 TO 3 $000 25'39"E 38.93' 1 AREA T.E. = 7,774 S.F. OR 0.18 ACRE 0 20 40 60 80 I I SCALE IN FEET j �pt REVISED 2/02/1016 AS COM SHEET 1 OF 2 ------------ ------------------------ ----------------------------------------------------------------------------------------------- ---------- Exhibit "C" Cont. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89*13'30"EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00*25'39"WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 61.98 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE NORTH 89*09'48"WEST,199.90 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00*04'06"EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE,38.93 FEET;THENCE SOUTH 89-09'48-EAST,199.57 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00*25'39"EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 38.93 FEET TO THE POINT OF BEGINNING. CONTAINING 7,774 SQUARE FEET OR 0.18 ACRE. REVISED 2/02,2016 ASCOM SHEET 2 OF 2 --------------- --------------------------------------------------------------------------------------------------------- ----------------------- Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 I PART OF THE SWI/4 OF THE SWI/4 w - SEC. 2-88-13W a 5 118 DRAINAGE------- 6 -- a EASEMENT z uj X J d 3 r -- 4P.Q.B. 1 VACATED MURPHY ROAD (66') — 3 S LINE SWI/4 SEC 2-88-13W r.- — --- --- ----- ------- --- — -- -- — ----------------------------------- N89013'30 E SE COR SWI/4 SWI/4 SEC 2-88-13W " 1318.71'' (1317.85 RECORD) SW COR SEC 2-88-13W FO I.P.W/ --- YELLOW PLASTIC CAP NO.7811 PERMANENT EASEMENT BEARING/DISTANCE_ 1 TO 2 N 89°13130"E 1,318.71' 1,317.85' RECORD 2 TO 3 N 00°25'39'W 33.00" 3 TO 4 S 89°13'30"W 200.16 4 TO 5 N 000 04'06"E 34;60' — 0 20 40 60 80 5a 5 TO 6 __S 89°09'48' E .w.....#. 199;90'__— — _ I I 6 TO 3 S 000 25 39"E I 28:98—L---..._. _.__.�__ SCALE IN FEET AREA P.E. 6,358 S.F.OR 0.15 ACRE " ey"�'ry'""'"n Laew»v.n aseuum- e•rWH ryavmtP«.fmstupen lxtm..e sai ume e /"of ow r i � G' A t is r ■IOgEe X.FAUNu I rsay.e rw4.el daie a Dame«71,7010 A COM SHEET 1 OF 2 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART INC ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-353-003 PROJECT PARCEL NO.118 DESCRIPTION:PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 2, TOWNSHIP 88 NORTH,RANGE 13 WEST OF THE STH PRINCIPAL MERIDIAN,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE NORTH 89°(DEGREES)13' (MINUTES)30"(SECONDS)EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 1318.71 FEET(1317.85 FEET RECORD)TO THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE NORTH 00°25'39"WEST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 33.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED;THENCE SOUTH 89°13'30"WEST ON THE NORTH LINE OF VACATED MURPHY ROAD,200.16 FEET TO THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE;THENCE NORTH 00'04'06"EAST ON THE PRESENT EAST RIGHT-OF-WAY LINE OF ALEXANDRIA DRIVE,34.60 FEET;THENCE SOUTH 89°09'48"EAST,199.90 FEET TO THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2;THENCE SOUTH 00'25'39"EAST ON THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 2,A DISTANCE OF 28.98 FEET TO THE POINT OF BEGINNING. CONTAINING 6,358 SQUARE FEET OR 0.15 ACRE. AECOM SHEET 2 OF 2 Exhibit "C" Cont. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 TEMPORARY EASEMENT CROSSROADS PLAT N0. 3 LOT 1 121 EXISTING DRAINAGE EASEMENT 3 5w ___-------- --- I -------- --------------- _ 2 P.0.6. 5 LINE SWI/4 10 9J SEC -8 28-13W _ _ 8 t - - VACATED MURPHY ROAD (66') EXISTING 8'UTILITY EASEMENT ---FD I.P.W/ YELLOW -122 123 124 125 PLASTIC CAP NO.7811 LOT I LOT I 120 LOT I TRACT 1 TRACT 2 CROSSROADS CROSSROADS ESTATES ESTATES REPLAT NO. 5 REPLAT NO. 2 TEMPORARY EASEMENT BEARING/DISTANCE 1 T02 N 000 25'39"W 28.98' 2703 N 00'25'39"W 38.95' 3 TO 4 - S 890 09'48"E 205.56' N 1 47`05 S 000 00'00"E ! 10.75' 5 TO 6 S 89°09'48"E 201.88' 6 TO 7 N 890 20'03"E 380.34' 7 TO 8 S 000 30'19"E 45.00' 8 TO 9 S 89°13'30"W 337.05' 9 TO 10 N 82°16'10"W 135.77' 10702 N 890 09'48"W 316,29° AREA T.E. = 31,373 S.F. OR 0.72 ACRE o so 120 tso 240 SCALE IN FEET A=COM SHEET 1 OF 2 Exhibit "C" Cont. TEMPORARY EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 TEMPORARY EASEMENT DESCRIPTION:TEMPORARY EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO.3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00'25'39"WEST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEETTO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUING NORTH 00"25'39"WEST ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 38.95 FEET;THENCE SOUTH 89°09'48"EAST,205.56 FEET;THENCE SOUTH 00°00'00"EAST,10.75 FEET; THENCE SOUTH 89°09'48"EAST,201.88 FEET;THENCE NORTH 89°20'03"EAST,380.34 FEET TO THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE; THENCE SOUTH 00°30'19"EAST ON THE EAST LINE OF SAID LOT 1 ALSO BEING THE PRESENT WEST RIGHT-OF-WAY LINE OF SARAH DRIVE,45.00 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1;THENCE SOUTH 89°13'30"WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 337.05 FEET;THENCE NORTH 82°16'10"WEST,135.77 FEET;THENCE NORTH 89'09'48"WEST,316.29 FEET TO THE POINT OF BEGINNING. CONTAINING 31,313 SQUARE FEET OR 0.72 ACRE. Ad com SHEET 2 OF 2 Exhibit "C Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS:P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 PERMANENT EASEMENT CROSSROADS PLAT N0. 3 LOT I 121EXISTING DRAINAGE EASEMENT -------'---------------------—----—-- --------- —--—-- ——--� ----------—----------- -------- —------- 3 1 P.O.B. 4 VACATED MURPHY ROAD (66') EXISTING 8'UTILITY EASEMENT ---------—--——------ ------------ --------- -- w ---FD I.P.W1 ir YELLOW 122 123 124 125 0 PLASTIC CAP a N0.781I LOT I LOT Icr 120 LOT I TRACT I CROSSROADS CROSSROADS ESTATES ESTATES REPEAT ND. 5 REPLAT NO. 2 TRACT 2 PERMANENT EASEMENT 0 60 120 180 240 BEARING/DISTANCE 1 TO 2 N 000 25'39"W 28.98' 2 TO 3 S 891109'48"E 316.29' SCALE IN FEET 3 TO 4 S 82016'10"E 135.77' 4 TO 1 S 890 13'30"W 450.62' .pr[.n ,p.[by s prpq axwp[.m p.ewrw pr•.a vM.r p SM[1.r•[411 ll[m[.0 LAM S.nwyar AREA PE = 9,105 S.F.OR 0.21 ACRE 'pry f pr tl[enu rAMwi au ie OenMxr)1.2016 r A=COM SHEET 1 OF 2 Exhibit "C" Cont. PERMANENT EASEMENT DRY RUN CREEK INTERCEPTOR CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA OWNER: WAL MART RE BUSINESS TRUST ADDRESS: P.O.BOX 8050 MS 0555 BENTONVILLE,ARKANSAS 72712-8050 COUNTY PARCEL NO.8813-02-376-008 PROJECT PARCEL NO.121 PERMANENT EASEMENT DESCRIPTION:PERMANENT EASEMENT A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF CROSSROADS PLAT NO.3,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1;THENCE NORTH 00*(DEGREES)25'(MINUTES) 39"(SECONDS)WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ON THE WEST LINE OF SAID LOT 1,A DISTANCE OF 28.98 FEET;THENCE SOUTH 89°09'48" EAST,316.29 FEET;THENCE SOUTH 82°16'10"EAST,135.77 FEETTO THE SOUTH LINE OF SAID LOT 1;THENCE SOUTH 89°13'30" WEST ON THE SOUTH LINE OF SAID LOT 1,A DISTANCE OF 450.62 FEET TO THE POINT OF BEGINNING. CONTAINING 9,105 SQUARE FEET OR 0.21 ACRE. i I i I A COM SHEET 2 OF 2