HomeMy WebLinkAboutIPE1031 REV279, LLC - Permanent Easement Agmnt - 9/3/2019Prepared by Tim Andera, 715 Mulberry Street, Waterloo, IA 50704. Phone (319) 291-4366
Return to preparer after recording.
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of k, 3 ,
2019, by and between IPE1031 REV279, LLC. ("Grantor"), and the City of Waterloo, Iowa
("Grantee").
1. Grant of Permanent Easement. In consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration in the amount of
$477.00, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby
grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the
"Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally
described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof.
2. Purpose. The Premises is intended for use by Grantee, its employees, contractors
and agents, to construct, inspect, maintain, repair, operate and remove certain drainage and utility
improvements (the "Improvements"). It is the intention of the parties that Grantee shall assume
all responsibility for the construction, maintenance and operation of the Improvements made to
the Premises, and that Grantor shall have no liability relating to the Easement or the
Improvements except as may arise from the Grantor's own negligent acts or omissions or willful
misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the
condition of same. Grantor shall have no duty to prepare the Easement Premises in any way for
Grantee's use. Following transfer of possession of the Easement Premises, Grantor shall have no
further duty or obligation with respect to the Easement Premises, except as set forth herein.
Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other
activities upon the Premises without the prior written consent of Grantee.
4. Miscellaneous Provisions. This Agreement shall run with the land and is binding
upon and shall inure to the benefit of the parties and their respective successors and assigns.
References in the singular number include the plural, and vice versa. This Agreement is the entire
agreement between the parties pertaining to the subject matter hereof and supersedes all prior
understandings or agreements relating to the subject matter hereof, whether oral or written, and this
Agreement may not be modified except by the mutual written agreement of both parties.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
on Mixdor
By:
Its:
CITY OF WATERLOO, IOWA
By: OkAki,{1
Attest:
Quentin Hart, Mayor
Ke ley Fele e, City Clerk
STATE OF u )
) SS.
�l�c,Kcuc,/< COUNTY)
Acknowledged before me on / 5 , 2019, by r) -jg,ziody74 , as an
authorized representative for IPE1031 REV279, LLC.
DEBRA MATTIX
COMMISSION NO. 770249
MYCOM ISSIOi4 EXP RES
STATE OF IOWA
) ss
•
Notary Public
BLACK HAWK COUNTY )
Acknowledged before me on 1µ/ , 2019, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
4�p1^` ANANCY
*
"
HIGBY
COMMISSION NO.788229
MY CO M SION EXPIRES
2
Publi
PROJECT:
PARCEL:
OWNER:
F.Y. 2020 Cardinal, Donald, Linbud, Martin Drainage Improvements
Contract #988
8913-32-426-004
Jon Mixdorf
OFFER TO DONATE FORM
As owner(s) of real estate needed for the above -referenced project and parcel, and
acknowledging the fact that we are entitled to just compensation for the subject property
interests, nevertheless, we desire to donate the storm sewer easement. We hereby waive such
compensation rights and will promptly execute the necessary documents for the City of
Waterloo, Iowa.
This donation to the City of Waterloo, Iowa, is made knowingly, voluntarily, and not under
coercion or threat of any nature by the City of Waterloo or its agents. Before signing this
form, we have had the opportunity to consult with our own legal and tax advisors. References
in the singular number include the plural, and vice versa.
8-15-- poi cy
Date
STATE OF IOWA)
) ss.
BLACK HAWK COUNTY )
Jon Mixdor
CEO Cardinal C nstruction
Representative ofIPE1031 REV279, LLC
Acknowledged before me on / , 2019, by.;72 /r),`s�'o� ,
and
�e.ena any
Notary Public
DEBRA MATTIX
COMMISSION NO. 770249
MY C MISSIOU EXPIRES
Index Legend
Location
Description:
Parcel "C", SE 1/4
Sec. 32, T89N, R13W 5th PM
City of Waterloo, Iowa
Requestor:
Jamie Knutson, City of Waterloo
Proprietor:
IPE1031 REV279, LLC
Surveyor:
William W. Castle
Surveyor
Company:
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
Return To:
715 Mulberry St, Waterloo, IA 50703 291-4312
0/4 /1
Plat of Easement
Permanent Storm Sewer Easement
Parcel "C", SE 1/4, Sec. 32, T89N, 13W 5th PM
City of Waterloo, Black Hawk County, Iowa
AE 1/4 Corner
Sec. 32, T89N, R13W
Unplatted SE 1/4
Sec. 32, T89N, R13W `�\ �
Owner: City of Waterloo Do
(43.88')
(N 59°48'04" W)
Unplatted SW 1/4
Sec. 33, T89N, R13W
Owner: City of Waterloo
POB
Parcel "C" SE 1/4
Sec. 32, T89N, R13W
File # 2018-16601
Owner: IPE1031 REV279, LLC
48.27' c
S 01°34'26" E c
Unplatted SW 1/4
Sec. 33, T89N, R13W
Easement Description:
A Permanent Storm Sewer Easement under, across, and upon that portion of Parcel "C" of the Southeast Quarter of Section
Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, being more particularly described
Beginning at the northeast corner of said Parcel "C"; thence South 01°34'26" East 48.27 feet along an east line of Parcel "C"
Martin Road; thence North 59°48'04" West 43.88 feet to the northwesterly line of Parcel "C"; thence North 54°25'37" East 45.
northwesterly line of Parcel "C" to the point of beginning containing 900 square feet.
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations using the Iowa State
Plane Coordinate System, North Zone, NAD 83 (2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Easement area: 900 SF
4. C - Per survey File #2018 16601
I hereby certify that this 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 Land Surveyor under the
laws of the State of lo
eoy
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2019.
Pages or sheets covered by this seal :
Plat Legend:
• Found Monument
O Set 5/8" x 24" Rebar
w/Blue Cap
'Iowa - 19715"
® Cut "X" in concrete,
found or set
123.45'
(123.45')
Record Measurement
Field Measurement
32, Township 89 North,
as follows:
to the northwesterly line of
00 feet along the
0 30 60
Scale: 1 inch = 60 feet
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Drawn By: WWC Scale:
Field Work Date: 4-9-2019
Date Drawn: 8-7-2019
Sheet No.
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