HomeMy WebLinkAboutSchildroth - Easement Agmnt - 9/9/2019Prepared by Tim Andera, 715 Mulberry Street, Waterloo, IA 50704.
Return to preparer after recording.
EASEMENT AGREEMENT
Phone (319) 291-4366
This Easement Agreement (the "Agreement") is entered into as of ,
2019, by and between Grant D. and Denise A Schildroth. ("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
$163.98, 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.
. Schildroth
ri
Denise A. Schildroth
STATE OF
ss.
-4/4 COUNTY)
Acknowledged before me o
Denise A. Schildroth.
"14400 TIM ANDERA {
'
2 _._ COMMISSION NO. 772518
* "'""" * MY COMMISSION EXPIRES
row" APRIL 11, 2021
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on k i v , 2019, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
CITY OF WATERLOO, IOWA
By:
Quentin Hart, Mayor
Attest:
e ley Fele e, City Clerk
], 2019, by Grant D. Schildroth and
Notary Public
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION EXPIRES
c - 3 2e; 2_
2