HomeMy WebLinkAboutBlakewood Place Condominiums - Easement Agmnt - 9/23/19Prepared 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 �- ,. 1 6,
2019, by and between Blakewoods Place Condominium ("Grantor"), and the City of aterloo, 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" 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. Temporary 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 temporary easement for purposes relating to construction of the Improvements (the
"Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Temporary
Premises") legally described as set forth on Exhibit "A-2" attached hereto and by this reference
made a part hereof. The Temporary Easement shall expire upon conclusion of all construction,
cleanup and demobilization activities upon the Premises. The Premises and the Temporary
Premises are collectively referred to as the "Easement Premises."
4. 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.
5. 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.
lakewoods Place Condominium
By: 4014e%.1_,,, iteter=m
Its: "0ksicien.1-'
STATE OF TO t4) )
) ss
.
itja akov.... COUNTY)
Acknowledged before me on '
authorized representative for Blakewoods lace Con
i
°"
'
; s
ANDREW C. ABBOTT
COMMISSION NO. 196734
MY COMMISSIONli d-,IRES
,-
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By: LALQ_r,L =- ( 7t
Attest:
Quentin Hart, Mayor
K-lle'Felchl 1 Ci
, 2019, by
nium
y
Clerk
,asan
Notary
Acknowledged before me on (9 - , 2019, by Quentin Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY COMMISSION EEXPIRES
Notary ' blic
2
PROJECT: F.Y. 2020 Cardinal, Donald, Linbud, Martin Drainage Improvements
Contract #988
PROPRIETOR: Blakewoods Place Condominium Association
OWNER: Blakewoods Place Condominium
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
STATE OF IOWA)
) ss.
BLACK HAWK COUNTY )
ed before me on
ames L. Hansen, President
Blakewoods Place Condominium President
, 2019, by iL-
ANDREW C. ABBOTT
COMMISSION NO. 196734
MYMMISSIIN�S
Index Legend
Location
Description:
Blakewoods Place Condominium
City of Waterloo, Iowa
Requestor:
Proprietor:
Surveyor:
Surveyor
Company:
Jamie Knutson, City of Waterloo
Blakewoods Place Condominium
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
Return To:
715 Mulberry St, Waterloo, IA 50703 291-4312
FX1-1I13I-r A _ 1
Fd. (2) #4 rebars
w/damaged yel ow
cap. Used west
monument for I ne
0
0
z
O
M
Plat of Easement
Permanent Storm Sewer System Easement
Blakewoods Place Condominium,
City of Waterloo, Black Hawk County, Iowa
Unplatted SE 1/4 21-89-13
(8.00' N 87°47'30" E)
348.8' (348.10' S 87°47'30" W)
T Fd. #4 rebar
'' w/yellow cap
i "Iowa - 8033"
Cr)
POB
0
ri
0
0
Z Fd. #4 rebar
w/yellow cap
(30.04') "Iowa - 8033"
J � d
co
m
of
(29.99')
Blakewoods Place
Condominium
File # 2003-07006
(8.00' S 89°10'24" VV)
Fd. #4 rebar
w/out cap
Fd. #4 rebar
w/out cap
0
z
4)
Fd. 1"
Pinched
Pipe
POC
—344.01' H 345.11' c (343.99' N 89°20'33" E) — — —
Sager Avenue
60' Public ROW
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: 3,353 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 tate o Wa.
tio
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2019.
Pages or sheets covered by this seal :
Easement Description:
A Permanent 8 -foot wide Storm Sewer
Easement under, across, and upon that
portion of Blakewoods Place Condominium,
City of Waterloo, Black Hawk County, Iowa,
being more particularly described as follows:
Commencing at the southwest corner of
Blakewoods Place Condominium, being the
intersection of the north line of Sager Avenue
and the east line of Linbud Lane (said east
line being the west line of Blakewoods Place
Condominium and also being the west line of
the Northeast Quarter of Section 28,
Township 89 North, Range 13 West of the
5th PM); thence North 00°49'36" West
113.00 feet along the said west line of
Blakewoods Place Condominium to the Point
of Beginning; thence continuing North
00°49'36" West 419.05 feet along said west
line to the northwest corner of Blakewoods
Place Condominium; thence North 87°47'30"
East 8.00 feet along the north line of
Blakewoods Place Condominium; thence
South 00°49'36" East 419.24 feet along a line
8 -feet normally distant from and parallel with
the said west line of Blakewoods Place
Condominium; thence South 89°10'24" West
8.00 feet, perpendicular to the last described
course, to the west line of Blakewoods Place
Condominium and the point of beginning
containing 3,353 square feet.
The west line of Blakewoods Place
Condominium is assumed to bear North
00°49'36" West for the purpose of this
description.
Plat Legend:
• Found Monument
O Set 5/8" x 24" Rebar
w/Blue Cap
"Iowa - 19715"
El Cut "X" in concrete,
found or set 0 50 100
123.45' Record Measurement
(123.45') Field Measurement 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: 7-22-19
Sheet No.
1 of 1
Index Legend
Location
Description:
Blakewoods Place Condominium
City of Waterloo, Iowa
Requestor:
Jamie Knutson, City of Waterloo
Proprietor:
Blakewoods Place Condominium
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
Ex+h r A - 2 -
Fd. (2) #4 rebars
w/damaged yel ow
cap. Used west
monument for line
0 I J
CO IPOBP
Plat of Easement
Temporary Construction Easement
Blakewoods Place Condominium,
City of Waterloo, Black Hawk County, Iowa
(8.00, Unplatted SE 1/4 21-89-13
(N 87°47'30" E)
(12.01' N 87°47'30" E)
348.8' (348.10' S 87°47'30" W)
Fd. #4 rebar
w/yellow cap
"Iowa - 8033"
(29.99')
9.53' S 00°49'36" E
z
Blakewoods Place
Condominium
File # 2003-07006
(12.00' S 89°10'24" W)
(8.00' N 89°10'24" E)
Fd, #4 rebar
w/yellow cap
(30.04') "Iowa - 8033"
Fd. #4 rebar
w/out cap
(541.47 N 0°24'08" NO
Fd. 1"
Pinched
Pipe
O
cts
O
— J
Fd. #4 rebar
w/out cap
POC
344.01' H 345.11' ° (343.99' N 89°20'33" E) — — —
Sager Avenue
60' Public ROW
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: 5,033 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 tate of I •.., a.
T/zz/9
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2019.
Pages or sheets covered by this seal : f T
Easement Description:
A Temporary 12 -foot wide Construction
Easement across and upon that portion of
Blakewoods Place Condominium, City of
Waterloo, Black Hawk County, Iowa, being
more particularly described as follows:
Commencing at the southwest corner of
Blakewoods Place Condominium, being the
intersection of the north line of Sager Avenue
and the east line of Linbud Lane (said east
line being the west line of Blakewoods Place
Condominium and also being the west line of
the Northeast Quarter of Section 28,
Township 89 North, Range 13 West of the
5th PM); thence North 00°49'36" West
113.00 feet along the said west line of
Blakewoods Place Condominium; thence
North 89°10'24" East 8.00 feet, perpendicular
to the last course, to the Point of Beginning;
thence North 00°49'36" West 419.24 feet
along a line 8.00 -feet normally distant from
and parallel with the said west line of
Blakewoods Place Condominium to the north
line of Blakewoods Place Condominium;
thence North 87°47'30" East 12.01 feet along
the north line of Blakewoods Place
Condominium; thence South 00°49'36" East
419.53 feet along a line 20 -feet normally
distant from and parallel with the said west
line of Blakewoods Place Condominium;
thence South 89°10'24" West 12.00 feet,
perpendicular to the last described course, to
the point of beginning containing 5,033
square feet.
The west line of Blakewoods Place
Condominium is assumed to bear North
00°49'36" West for the purpose of this
description.
Plat Legend:
• Found Monument
O Set 5/8" x 24" Rebar
w/Blue Cap
"Iowa - 19715"
® Cut "X" in concrete,
123.45'
found or set 0 50 100
(123.45') Field Measurement Scale: 1 inch = 100 feet
Record Measurement
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: 7-22-19
Sheet No.
1 of 1