HomeMy WebLinkAboutBCS Properties - Easement Agmnt - 1/28/19Prepared 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
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT is entered into by and between BCS Properties, LLC
("Grantor") and the City of Waterloo, Iowa ("City").
WHEREAS, Grantor is the owner of real estate legally described as:
Lot 1, Village West 2" Addition, City of Waterloo, Black Hawk County, Iowa ("Grantor
Property").
WHEREAS, City wishes to be granted an easement on the west 15 feet of the east 25 feet
of Grantor Property for the right to construct, maintain, and repair utilities.
NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Grant of Easement. Grantor does hereby grant and convey to City, its
successors and assigns, a perpetual easement for the erection, laying, building, and maintenance
of a utilities over, across, on and/or under the west 15 feet of the east 25 feet of Grantor Property
more particularly shown on the attached Exhibit "A" ("Easement Premises"). City agrees that all
provisions of the Waterloo Code of Ordinances, including without limitation the Waterloo
subdivision ordinance, relating to dedication of easements for a utilities are applicable and
binding on City.
2. Construction. City will be responsible for any erection, laying, building, and
maintenance of the utilities. Upon completion of construction of the utilities, City will take
reasonable steps to restore the Easement Premises to its original condition that existed prior to
the construction of the utilities.
3. 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.
4, Indemnification. City agrees to defend, protect, indemnify and hold harmless
Grantor and its officers, employees, agents, and assigns, 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, installation or maintenance of the utilities.
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) This Agreement is subject to approval and acceptance by the City Council of the
City.
BCS Properties, LLC
By ` rent Dahlstrom
Its: Manager
City of Waterloo, Iowa
By: Quentin Hart
Its: Mayor
Attest:
State of Iowa
Black I-lawk County
ss.
This record was acknowledged before me on this .ZJ day of Janes , 2019, by Brent
Dahlstrom, as Manager of BCS Properties, LLC.
JILL 1. KRAAYENBRINK
Commission Number 797477
My Commission Expires
July 29, 2019
State of Iowa
Black Hawk County
)
SS.
This record was acknowledged before me on this day of , 2019, by
Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo,
Iowa,
Notary Public
PLAT OF SURVEY
PUBLIC UTILITY EASEMENT
INDEX LEGEND
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CITY OF WATERLOO, BLACK HAWK COUNTY,
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IF6573WORWCOMP9-ETE5,g/02019
LAPSADDLE-GARBER ASSOCIATES, INC,
tie EAST MAIN STREET, P.O. BOX 754,
MARSHALLTOWN, IOWA 50158
PHONE 641-7524701
i pHARRISQOGACONSULTANTS.COM
liTiVEY PREPARED ETY:
E.PC1f,i0
IJEREMY HARRIS
LINE DATA
LINE NUMBER '
BEARING I DISTANCE
LI
S990506W 1 10.00
12
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1.3
S60000825 1 15.ori
14
10 IE I 15.00'
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N015057W 1 275.047
L7
S800505W 1 11.34'
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50.57521 218.005
605752•W 2786111
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467,15
MD i/75700
aec 422259
4/570 *22259
3‘ PUBUC UriuTy
EASEMENT
5 3,270 SO FT/ 0.08 ACRES
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780 1/2' PEW PONT79711/2' REIM
INT OF BEGINNING w/ d22259
wt *22259
POINT OF COMMENCEMENT FND IPPRIBAR
WPC 422259
500TH UNE SW " lid
-WEST RIDGEWAY AVENUE
SCRIPTION
A 15.05 PUBUG UTILITY EASEMENT LOCATED ENTIRELY WITHIN LOT 1 OF VILLAGE WEST LEGEND:
2N0 ADDITION, CITY CIE WATERLOO, BLACK HAWK COUNTY, TOW&
MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER A GOVERNMENT CORNER MONUMENT FOUND
CERTAIN PARCEL OF LAND DESCREBED AS LOT I OF VILLAGE WEST 544) ADDITION AND
RECORDED IN INS1RUMENT NO. 2019-08828029144 THE OFFICE OF THE RECORDER, BLACK HAWK A
00(245 IV IOWA: THENCE, N/39)060ITE 45845/.00040 THE SOUTH UNE OF SAID LOT I TQ THE
POINT OF BEGINNING: THENCE, 140^53'57W 218.00 TC A PENNI ON THE NORTH UNE 07 01990 LOT •
1: THENCE, t489°0006'E 15.00r ALONG SAD 4405741 (2440 TO THE NORTHWEST CORNER OF A 0 SET 142' x 30' REBAR w/BLUE PLASTIC
CERTAIN PARCEL OF LAND DESCRIBED AS PARCEL 'CY; THENCE, S05367E 218.00 ALONG THE ID CAP *22259
WEST UNE OF SAID PARCEL '0' TO THE SOUTHWEST CORNER OF SAID PARCEL "0.; THENCE,
S/343•00'08V 15.00. ALONG THE SOUTH UNE OF SAID LOT 1 TO THE P01457 07 BEGINNING, ( ) RECORDED AS
00457141441440 3,270 SO 77/ 0,08 ACRES.
«/570422259
CND 1/2) REBAFI
•4/57C 478033
F80 irr REBA.9
w/ 8PC #22259
OT 4
SW CORNEA
00 /4 SW 1/4
SECTION 3349-13
GOVERNMENT CORNER MONUMENT SET
1/2' 30' REBAR wiBLUE PLASTIC 10 CAP *22259
PARCEL 004 107 CORNER MONUMENT FOUND
SCALE 1.=60
60 AB°
ZO4`151.1Zatd
NOTE:
ALL BEARINGS ARE THE RESULT OF ORS. OBSERVATIONS.1
BCS PROPERTIES LLC SURVEY
CITY OF WATERLOO, BLACK HAWK COUNTY
I hereby certify that this land surveying document was prepared
and the related survey work was performed by me or under
my direct personal supervision and that I am a duly Licensed
Professional Land Surveyor under the laws of the State of Iowa.
JEREMY A. HARRIS, PLS date
Iowa License Number 22259
My License Renewal Date Is December 31, 2019
Pages or sheets covered by this
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