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Home My WebLink AboutSteelsmith Properties, LLC - (RECORDED)Permanent Easement Agreement - 9/3/2019 II IIII IIII IIIII IIIII III I II II IIII IIIII 010113 III 0 Doc ID: 009679370004 Type: GEN Recorded: 10/14/2019 at 02:50:18 PM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2020_00006861 -0-�oE '3c bo Prep ed 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 '14-1^4-3e' 3 2019, by and between Steelsmith Properties LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Permanent Easement. In consideration of the mutual promises and covenants contained herein, 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-1" and"A- 2" 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 storm sewer 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. ( ) LI IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO,IOWA �, By: DLA14 Steelsmith Propel i. �, C -� By: .,, Quentin Hart,Mayor I Its: A 1i� fr / / / // Attest: __" .11� I i. ,I_ . elley Fele ill , City Clerk STATE OF,. Q,,Q ) \�i\ 1(a,.�\ )ss. COUNTY) Acknowledged before me onNo\i/In 11, 2019,by t(iA 3}1,e..16\i - , as an authorized representative for Steelsmith Properties, LLC. z JASMINE CRIPPS g 'r Commission Number 763184 1 A Vvij m vri�i My Commission Expires 4 * ` May 24, 2022 No Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me onl ^,-- 4 , 2019,by Quentin Hart and Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa. may, Notary P lic \,,..___ -1.' ? {0p„<<. i NANCY HIGBY 14q, COMMISSIONaNO.788229 * MY C(yAfl^SIO EXPIRES 2 Index Legend Location' Unplatted SE 1/4, Sec. 21, T89N, R13W Description: Black Hawk County EXHIBIT A-1 City of Waterloo, Iowa Requestor: Jamie Knutson, City of Waterloo Proprietor: Steelsmith Properties, LLC Surveyor: William W. Castle Surveyor City of Waterloo Engineering Department Company: 715 Mulberry Street,Waterloo, IA 50703 Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312 Plat of Easement Permanent Storm Sewer System Easement Unplatted Southeast Quarter, Sec. 21, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Easement Description: A Permanent 20 foot wide Storm Sewer Easement across, under,across,and upon that part of the Southeast Quarter,Section 21,Township 89 north, Range 13 West of the 5th Principal Merdian,City of Waterloo, Black Hawk County, Iowa,being more particularly described as follows: Commencing at the southwest corner of the Southeast Quarter of Section 21,Township 89 North,Range 13 West of the 5th PM; thence North 00°46'36"West 30.06 feet along the west line of said Southeast Quarter(said west line also being the east line of Linbud Lane and the west line of Blakewoods Place Condominium)to the northwest corner of Blakewoods Place Condominimum and the point of begining of this description; thence North 00°46'32"West 258.55 feet along the said east line of Linbud Lane to its intersection with the south line of Alabar Avenue; thence easterly along the south line of Alabar Avenue on a 268.73 foot radius curve concave to the north a distance of 20.31 feet,said curve having a long chord of 20.31 feet bearing South 80°41'09"East; thence South 00°46'32"East 254.49 feet parallel with and 20 feet normally distant from the said east line of Linbud Lane to the north line of Blakewoods Place Condominium;thence South 87°4730"West 20.01 feet,along the north line of Blakewoods Place Condominium to the point of beginning containing 5,128 square feet. The west line of Blakewoods Place Condominium is assumed to bear North 00°49'36"West for the purpose of this description. 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:8,386 SF 4. H-Per survey Misc Book 300,Page 321;C-Per survey File#2003 07006 I hereby certify that this surveying document was prepared and the related survey work was performed ..#74 ®0060,,, '. by me or under my direct personal supervision and d �' I that I am a duly licensed Land Surveyor under the Plat Legend: c WILLIAM cr ?i r ELI �, c t, laws of t a State of I wa. • Found Monument W `� ' 0 Set 518'x 24"Rebar W CASTLE ®1 11101 17 w/Blue Cap 0 ® 19715 ° � 'v1I "Iowa-19715" ''J r, .6;0, William W.Castle,PLS Date ® Cut"X"in concrete, ' '°°0 al, _: License Number 19715 found or set 0 50 100 dQw/a My License Renewal Date is December 31,2019. 123.45' Record Measurement Pages or sheets covered by this seal: I$ 4 (123.45') Field Measurement Scale:finch=100 feet City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 8-16-2018 1 of Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn: 7-10-19 — — Plat of Easement EXHIBIT A-2 Permanent Storm Sewer System Easement Unplatted Southeast Quarter, Sec. 21, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Radius:268.73'(267.731 Arc:(140.64') 61.73'c(61.73') A:(29°59'08") (N 00°4632"W)/ Chord:138.84'(139.041 Chord Bearing:(N 86°29'15"E) Fd.1" Fd.#4 rebar Open Pipe I 1 w/out cap i Alabar ;Ave Set mag nail • l 16.56'(16.68') in HMA Set mag nail (N 70°26'46"E) pavement * in HMA 38.00'(38.001 `4 pavement (N 70°26'46"E) ? , ., Radius:268.73'(267.73') iN w Arc:(20.31') in r* CN *A A:(4°19'56") o ♦3 Chord:(20.31') Z 41,.. o Chord Bearing:(S 80041'09"E) reo�? •� m Fd.1-1/2" Lr) 1 'T Alabar Plaza open pipe C.I File#2014.23104 • 0iN co ♦ L c\IUnplatted SE 1/4214943 z Fd.(2)#4 rebars w/damaged yellow 20.01'S 87°47'30" NI cap. Used west ( u, cap. monument for line .. 348.8'(348.10'S 87°47'30"W) POB Fd.#4 rebar Fd.#4 rebar / w/yellow cap w/out cap 30.06'c(30.06')/O "Iowa-8033" (N 00°49'36"vv) 0 (29.99') EZ .0 Point of Commencement 0. SW corner SE 1/4 Sec.21,T89N,R13W 0 M Fd.rebar w/bent top&no ID cap under pavement.To be reset after construction. io Qa co En ;1 - ICC o co O co m I to ,7,' BlakewoodslPlace o Z b) Condominium Lo to S. —o- o File#2003-07006 % °., CU CD fV z ' - Csi [2 I ,V i ® I '� V CO POB\ 0 I Io io I o Z Fd.#4 rebar Fd.1" w/yellow cap Pinched IN,(30.04'))"Iowa-8033" Pipe Fd.#4 rebar —344.01'"345.11'c(343.99'N 89°20'33"E)— — — / w/out capSager Avenue 60'Public ROW Survey Notes: Plat Legend: 1. The Bearings shown on this survey are derived from GPS observations • Found Monument using the Iowa State Plane Coordinate System,North Zone,NAD 83(2011). 0 Set 5/8"x 24"Rebar 2. All dimensions are in US Survey feet and decimals thereof. w/Blue Cap 3. Easement area:8,386 SF "Iowa-19715" 4. H-Per survey Misc Book 300,Page 321;C-Per surveyFile#2003 07006 ® Cut"X"in econcrete, found or set 0 50 100 123.45' Record Measurement ��■� (123.45') Field Measurement Scale:1 inch=100 feet City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 8-16-2018 2 of 2 Phone: (319) 291-4312 Fax: (319)291-4262 Date Drawn: 7-10-19 — _ 11111111111 I i i iii ilii IIIII111 i 1 hili iiia 111111 ms`s Doc ID: 009679360002 Type: GEN Recorded: 10/14/2019 at 02:49:36 PM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2020-00006860 P"red bey1-10Ann M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2019-665 RESOLUTION APPROVING AND ACCEPTING A DONATED PERMANENT EASEMENT AGREEMENT WITH STEELSMITH PROPERTIES, LLC TO ALLOW FOR THE CONSTRUCTION AND FUTURE MAINTENANCE OF A STORM SEWER LOCATED AT 1040 ALABAR AVENUE, AND AUTHORIZE THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the donated, permanent Easement Agreement with Steelsmith Properties, LLC, for property under, across, and upon that part of the Southeast Quarter, Section 21, Township 89 north, Range 13 West of the 5th Principal Merdian, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH PM; THENCE NORTH 00°46'36" WEST 30.06 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER (SAID WEST LINE ALSO BEING THE EAST LINE OF LINBUD LANE AND THE WEST LINE OF BLAKEWOODS PLACE CONDOMINIUM) TO THE NORTHWEST CORNER OF BLAKEWOODS PLACE CONDOMINIMUM AND THE POINT OF BEGINING OF THIS DESCRIPTION; THENCE NORTH 00°46'32" WEST 258.55 FEET ALONG THE SAID EAST LINE OF LINBUD LANE TO ITS INTERSECTION WITH THE SOUTH LINE OF ALABAR AVENUE; THENCE EASTERLY ALONG THE SOUTH LINE OF ALABAR AVENUE ON A 268.73 FOOT RADIUS CURVE CONCAVE TO THE NORTH A DISTANCE OF 20.31 FEET, SAID CURVE HAVING A LONG CHORD OF 20.31 FEET BEARING SOUTH 80°41'09" EAST; THENCE SOUTH 00°46'32" EAST 254.49 FEET PARALLEL WITH AND 20 FEET NORMALLY DISTANT FROM THE SAID EAST LINE OF LINBUD LANE TO THE NORTH LINE OF BLAKEWOODS PLACE CONDOMINIUM; THENCE SOUTH 87°47'30" WEST 20.01 FEET, ALONG THE NORTH LINE OF BLAKEWOODS PLACE CONDOMINIUM TO THE POINT OF BEGINNING CONTAINING 5,128 SQUARE FEET. THE WEST LINE OF BLAKEWOODS PLACE CONDOMINIUM IS ASSUMED TO BEAR NORTH 00°49'36" WEST FOR THE PURPOSE OF THIS DESCRIPTION, be and the same is hereby approved and accepted for a dedicated permanent twenty (20) foot wide Storm Sewer Easement, to allow for the construction and future maintenance of a storm sewer located at 1040 Alabar Avenue, and authorizing the Mayor and City Clerk to execute said document. w..s. 'PASSED AND ADOPTED this 3rd day of September 2019. SP Ir. Quentin Hart, Mayor 0 ,ATTE'-T; (IA-) Resolution 2019-665 Page 2 Kelley Felch City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2019-665 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 3rd day of September 2019. Witness my hand and seal of office this 3rd day of September 2019. elley Felchl SEAT`, '" = City Clerk ,a. • I : ,. Prepared 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 10 3, 2019, by and between Steelsmith Properties LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Permanent Easement. In consideration of the mutual promises and covenants contained herein, 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-1" and "A- 2" 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 storm sewer 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. Steelsmith Prope By: Z' ,- Its: /lawn CITY OF WATERLOO, IOWA t By: Quentin Hart, Mayor STATE OFL1;utk Attest: elley Felch City Clerk 1 ,) ss. \ti\ COUNTY) ry Acknowledged before me on *m , 2019, by�1f VIA , as an authorized representative for Steelsmith 1 roperties, LLC. JASMINE CRIPPS • "t- Commission Number 763184 • • My Commission Expires ops* May 24, 2022 STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on ",o trL--\>'1--- � , 2019, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Public NANCY HIGBY COMMISSION NO.788229 MY Cp�M► SIGN eRES Notary P61ic 2 PROJECT: F.Y. 2020 Cardinal, Donald, Linbud, Martin Drainage Improvements Contract #988 PROPRIETOR: Steelsmith Properties LLC OWNER: Gregory L. Steelsmith 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. Date 200y STATE OF IOWA) VSVri\\ ) ss. BLACK IIAWK COUNTY ) Acknowledged before me on and 4ni Public Grego L. Steelsmith "di- I I , 2019, by C eo(y) L ddS 44.. JASMINE CRIPPS T- Commission Number 763184 • My Commission Expires awe May 24, 2022 Index Legend Location Description: Unplatted SE 1/4, Sec. 21, T89N, R13W Black Hawk County City of Waterloo, Iowa Requestor: Jamie Knutson, City of Waterloo Proprietor: Steelsmith Properties, 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 EXHIBIT A4 Plat of Easement Permanent Storm Sewer System Easement Unplatted Southeast Quarter, Sec. 21, T89N, R13W, City of Waterloo, Black Hawk County, Iowa Easement Description: A Permanent 20 foot wide Storm Sewer Easement across, under, across, and upon that part of the Southeast Quarter, Section 21, Township 89 north, Range 13 West of the 5th Principal Merdian, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: Commencing at the southwest corner of the Southeast Quarter of Section 21, Township 89 North, Range 13 West of the 5th PM; thence North 00°46'36" West 30.06 feet along the west line of said Southeast Quarter (said west line also being the east line of Linbud Lane and the west line of Blakewoods Place Condominium) to the northwest corner of Blakewoods Place Condominimum and the point of begining of this description; thence North 00°46'32" West 258.55 feet along the said east line of Linbud Lane to its intersection with the south line of Alabar Avenue; thence easterly along the south line of Alabar Avenue on a 268.73 foot radius curve concave to the north a distance of 20.31 feet, said curve having a long chord of 20.31 feet bearing South 80°41'09" East; thence South 00°46'32" East 254.49 feet parallel with and 20 feet normally distant from the said east line of Linbud Lane to the north line of Blakewoods Place Condominium; thence South 87°47'30" West 20.01 feet, along the north line of Blakewoods Place Condominium to the point of beginning containing 5,128 square feet. The west line of Blakewoods Place Condominium is assumed to bear North 00°49'36" West for the purpose of this description. 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: 8,386 SF 4. H - Per survey Misc Book 300, Page 321; C - Per survey File #2003 07006 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 l wa. William W. Castle, PLS License Number 19715 My License Renewal Date is December 31, 2019. Pages or sheets covered by this seal : 9 /boll? Date 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 0 50 100 Scale: 1 inch = 100 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: 8-16-2018 Date Drawn: 7-10-19 Sheet No. l oft Fd. 1" Open Pipe Set mag nail in HMA pavement Plat of Easement Permanent Storm Sewer System Easement Unplatted Southeast Quarter, Sec. 21, T89N, R13W, City of Waterloo, Black Hawk County, Iowa 61.73' ° (61.73') (N 00046'32" W) Aoabar Ave Fd. (2) #4 rebars w/damaged yellow cap. Used west monument for line POB N m (o 0 0 N Set mag nail in HMA pavement Radius: 268.73' (267.73') Arc: (140.64') A: (29°59'08") Chord: 138.84' (139.04') Chord Bearing: (N 86°29'15" E) Fd. #4 rebar w/out cap Radius: 268.73' (267.73') Arc: (20.31') A: (4°19'56") Chord: (20.31') Chord Bearing: (S 80°41'09" E) 16.56' (16.68') (N 70°26'46" E) 38.00' (38.00') (N 70°26'46" E) Alabar Plaza File # 2014-23104 Unplatted SE 1/4 21-8943 (20.01' S 87°47'30" UV) 348.8' (348.10' S 87°47'30" W) 30.06'0 (30.06') (N 00°49'36" VV) POB 0 9.05' N 00°49'3 0 0 t'') 0 z 0 M 0) V Fd. #4 rebar w/out cap Fd. #4 rebar w/yellow cap "Iowa - 8033" (29.99') Point of Commencement SW corner SE 1/ 4 Sec. 21, T89N, R13W Fd. rebar w/bent top & no ID cap under pavement. To be reset after construction. Blakewoods Place Condominiu 11 Fd. #4 rebar w/yellow cap (30.04') "Iowa - 8033" File # 2003-07006 Fd. #4 rebar w/out cap (541 Fd. 1" Pinched Pipe – 344.01' H 345.11' ° (343.99' N 89°20'33" E) — — — Sager Avenue 60' Public ROW EXHIBIT A-2 Fd. 1-1/2" open pipe m 0 0 z r• Lo 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: 8,386 SF 4. H - Per survey Misc Book 300, Page 321; C - Per survey File #2003 07006 Plat Legend: ® Found Monument O Set 5/8" x 24" Rebar w/Blue Cap "Iowa - 19715" El Cut "X" in concrete, found or set 123.45' (123.45') Record Measurement Field Measurement 0 50 100 Scale: 1 inch = 100 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: 8-16-2018 Date Drawn: 7-10-19 Sheet No. 2 of