HomeMy WebLinkAboutM.T. Co., LLC - Easement Agmnt - 8/12/2019Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701
After recording, return to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, Attn: Noel Anderson.
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of kitAu, f 1 % 4' 1 `1
by and between M.T. Co. LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee").
1. Grant of Easement. In consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, 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,
beneath and across the Westerly sixty (60) feet (the "Easement Area") of the real estate
legally described as set forth on Exhibit "A" attached hereto (the "Premises").
2. Purpose. Grantee, its officers, employees, contractors, and agents, shall have
reasonable rights of ingress and egress for pedestrians and vehicles over, across, and upon the
Premises for purposes of constructing, installing, operating, inspecting, repairing, maintaining,
replacing, upgrading, and removing pipes, conduit, infrastructure, and other facilities for sanitary
sewer, storm sewer, water, and utilities services provided by any public or private company or
agency. Grantee shall have the right, but not the obligation, to trim and/or remove bushes, trees,
and other vegetation from the Easement Area. The parties agree that the Easement Area may in
the future be used as access for a fire lane in the event of future expansion of facilities at
Grantor's Premises.
3. 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, assigns and
transferees. 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.
EXHIBIT "A"
Legal Description — Premises Subject to Easement
The Westerly 60 feet of that part of the East half of the Southwest Quarter of Section No. 5, Township No.
89 North, Range No. 13 West of the 5th P.M. in the City of Waterloo, Black Hawk County, Iowa, lying
Southerly of the Southerly line of the Illinois Central Railroad Company right of way, except the West 270
feet in even width thereof.
M.T. CO., LLC
STATE OF IOWA
) ss
BLACK HAWK COUNTY )
•
Acknowledged before me on
Manager of M.T. Co., LLC.
EMILY C JONES
Notarial Seal - Iowa
Commission Number 813348
My Commission Expires Oct 19, 2021
CITY OF WATERLOO, IOWA
By: ..-1. ;VW -
Quentin
►`W
Quentin M. Hart, Mayor
Attest:
Kelley Fe1chS , City Clerk
((va'I A a(n, by e,34 r i Carel
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No Public
A4.174)
as
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY ) J /
Acknowledged before me on �` l 19 ,by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY CO MISSION EXPIRES
Notary Pu lc
2