HomeMy WebLinkAboutBCS Properties Easement Agmnt - 1/28/19 (RECORDED)1111 iiiiiiiiiiiii 1111iiiiiii0111iiiiiiiiiiiiiiii 11 iii iiiiiiiiiiiii
Doc ID 009502050004 Type GEN
Recorded:
Fee Amt: $22.00/Pape 1t of9421 01 AM
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F1102019-00013543
CitiieLV_ecdon
Prepared 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.
(aa)
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 attomey'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 I?ahlstrom
Its: Manager
Kelley Felchle, y Clerk
City of Waterloo, Iowa
By: Quentin Hart
Its: Mayor
State of Iowa
Black Hawk County
ss.
This record was acknowledged before me on this day of jOin , 2019, by Brent
Dahlstrom, as Manager of BCS Properties, LLC.
JILL L KRAAYENBRINK
Commission Number 797477
My July i 2019�
pi
State of Iowa
Black Hawk County
)
ss.
This record was acknowledged before me on this day of 44n k L ti , 2019, by
Quentin Hart and Kelley Felchle, as Mayor and City Clerk, respectively, of the City of Waterloo,
Iowa.
'ow*
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION BORES
PLAT OF SURVEY
PUBLIC UTILITY EASEMENT
LUiA
INDEX LEGEND
IaN: s Y• •F ILIA
MC -45
OF WATERLOO, BLACK
'�'�'•- IBC5 PROPERTIES LLC
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WK COUNTY,
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CS PROPERTIES, LLC
402019
ESPONO TO:
JEREMY HARRIS
<UPSADOLEOAA0ER ASSOCIATES,
8 EAST WIN STREET, P.O. BOX 754,
RSHALLTOWN, IOWA 50168
HONE 941.752-$701
NAANS43COACONSULTANTSCOM
LINE DATA
LINE NUMBER
REARING
DISTANCE
LI
58006063
10.00
12
NAB b808'0
10.09
19
509'06108M
15.00
14
N899690E
15.00
L5
S0'S'STE
288.00
18
N05S52W
275.0
L7
55996118W
11.34' ,
15 95i5GBW 12055
4E0Uso5' 10074
'5952E2IECPj
105157295.521
50356902+1,141 FN" iff atEna
805 022253
EXHIBIT A
FYO1R'61NF
BP0*12259
_-------- 1X590566907)_34.7
1—.__—_
_--
07.19
*2 25
.. NB9'000'E
1/2•967.10rYC 02225399
11
sal.
A
791E 13
PUBLIC UTILITY !/
EASEMENT V
3)70 50 FT/ 0.08 AC1E5 1
A-
0 -0"
h
0-0"Iry
t
-------- N099096£- --
------
458.06
MB 1/08501* POINT OF BEGINNING
W 52E /22259
POINT OF COMMENCEMENT '4 Vf01823 ./ MOGI 396943
SOMME SW 1/4 91044/815 *22259 SOMAS girE ._ .
WEST RIDGEWAY AVENUE SONNL2$SE 114 SW 171
ROU' MEM
02033
101 2
DESCRIPRON
2MOO WIDE PUBLIC unary EASEMENT LOCATED ENTIRELY YNTHIN LOTS OF VILLAGE WEST LEGEND:
280 50011198, CRY OF WATERLOO. BLACK HAWKCOUNTY, IOWA
MORE PARTKA1ARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER A GOVERNMENT CORNER MONUMENT FOUND
OFA CERTAIN PARCEL OF LAND 000024BED AS LOT I OF VILLAGE WE572NDA0041102 AND A GOVERNMENT CORNER MONUMENT SET
RECORDED IN INSTRUMENT NO. 201900615029 IN THE OFFICE OFTHEAECORTTER, SLACK HAWK 522320•1E0MlvaoE PLA5110 ID CAP 022259
CUUN1Y, IOWA; THENCE, N8913600£ 450,86 ALONG THE scum UNE OF 5410 LOT I TO THE
P0047 0108006141140; TO A POINT OWNS NORTH UNE OF 540 LOT PARCEL OR LOT CORNER MONUMENT POLAND
N
1;THENCE, 1160060(0E 15.00 ALONG SAID NORTH UNE TO THE NORTHWESTCORNER OFA 0 SET 1/0430 REBARw/BLUE PIAS110
CERTAIN PARCEL OFIAND DESCRIBEDAS PARCEL NY: THENCE, S0'53.52E 213.0 ALONG THE 10 CAP 022259
WEST UNE OF SAID PM:100110f TO THE SOUTHWEST CORNER OF SATO PARCEL 'EP; THENCE, I / RECORDED AS
55S'0008W 16.0 ALONG T110 5019TH UNE OF S40 LOT 170 THE POINT OF BEGINNING,
CONTAINING 3,27030 FT/ 0.011 ACRES. NOTE;
ALL BEARINGS METHS RESULT OF G.P.S. OBSERVATIONS.
N
SCALE I'=e0
0 60
BCS PROPERTIES LLC SURVEY
CITV OF WATERLOO, BLACK HAWK COUNTY
1 hereby certify that Ws land surveying 80005404 was prepared
and the related sway work was p#Homred byma or under
my dlect personal supervkbn and that I am a duly licensed
Professional Land Survey°, Unger Te laws 01 the Stab of Iowa.
Iowa License
n e Numbs, 2S2 dale
laveGmMRRenewal
nwal a32I9
My
Pa e8 or a eets µ l rOats Is Ns seal _.21119
Pagae wslnem covered by Ns 0•M:_. THIS SHEET____
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DATE PSJ,EW NO.
1442019 509_4.05