The URL can be used to link to this page

Home My WebLink AboutIPE1031 REV279, LLC-9/3/2019 (RECORDED) 11111111 l llII 10 HH H Doc ID: 009679350003 Type: GEN Recorded: 10/14/2019 at 02:48:43 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2020-00006859 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 ofp -✓ I , 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 .$46-, 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. 01) 3 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 — ,...ell401111 BY: 1)LLQ &— on Mixdorf Quentin Hart, Mayor By: Its: Attest: iI. i / /( / gib,__ 1 Kelley tichle, City Clerk STATE OF .:72-6)C(jcL ) ) ss. 616L,i 14y>1< COUNTY) Acknowledged before me on ' / 45 , 2019,by 3n J_(---/ j r-/ , as an authorized representative for IPE1031 REV279, LLC. le"' y• DEBRA MATTlX 7 COMMISSION NO. 770249 ' z ° MY COMMISSION EXPIRES6,0, 721,„.., ,,,_,,,,,_,6,,,,„ Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Veli-)>,-v `f , 2019, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. V r 4 ..z, ) A• NANCY HIGBY COMMISSION NO.788229 Notary 'ublic ` * MY MMISSI N EXPIRES '�w' 3 - 2: 2 Index Legend Location Parcel "C", SE 114 Description: Sec. 32, T89N, R13W 5th PM City of Waterloo, Iowa Requestor: Jamie Knutson, City of Waterloo Lir" Proprietor: IPE1031 REV279, 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 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 EC. Unplatted SW 1/4 Sec. 33, T89N, R13W rV (O dOwner:City of Waterloo W ° �®o co Unplatted SE 1/4 POB e°p Sec. 32, T89N, R13W � o° •V Owner:City of Waterloo °r� "</-1--,:'./,07 48.27 'c 01°34'26" c (43.88') (N 59°48'04" W) Unplatted SW 1/4 Parcel "C" SE 1/4 Sec. 33, T89N, R13W Sec. 32, T89N, R13W File#2018-16601 Owner:IPE1031 REV279,LLC Easement Description: A Permanent Storm Sewer Easement under,across,and upon that portion of Parcel"C"of the Southeast Quarter of Section 32,Township 89 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa,being more particularly described as follows: 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"to the northwesterly line of Martin Road;thence North 59°48'04"West 43.88 feet to the northwesterly line of Parcel"C";thence North 54°25'37"East 45.00 feet along the 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 Nasky,t t prepared and the related survey work was performed (j oa a.. Cgytttl by me or under my direct personal supervision and ":+9,;(Z- .0° ".�t h that I am a duly licensed Land Surveyor under the • Plat Legend: WILLIAM® / a G laws of the ate of to • Found Monument eoy 0 Set 5/8"x 24"Rebar r w� CASTLE � ��, /17 w/Blue Cap , 19715 m ^c' 1 � � "Iowa-19715' 's ,, 4,C) "" William W.Castle,PLS Date kl � u®�oa�o .�-+ ® Cut"X"in concrete, found or set - �' License Number 19715 0 30 60 " IOWA My License Renewal Date is December 31,2019. 123.45' Record Measurement a1 , 0 � (123.45') Field Measurement Scale:1 inch=60 feet Pages or sheets covered by this seal City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 4-9-2019 1 of 1 Phone: (319) 291-4312 Fax: (319)291-4262 Date Drawn: 8-7-2019 — — " Doc ID: 009679340001 Type: GEN Recorded: 10/14/2019 at 02:47:38 PM Eltit ) Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER Q Q Fi1e2020--00006(�858 th ( WM GO Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2019-664 RESOLUTION APPROVING AND ACCEPTING A DONATED PERMANENT EASEMENT AGREEMENT WITH IPE1031 REV279, LLC TO ALLOW FOR THE CONSTRUCTION AND FUTURE MAINTENANCE OF A STORM SEWER LOCATED AT 1246 MARTIN ROAD, 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 IPE1031 REV279, LLC, for property under, across, and upon that portion of Parcel "C" of the Southeast Quarter of Section 32, Township 89 North, Range 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, being more particularly described as follows: 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" TO THE NORTHWESTERLY LINE OF MARTIN ROAD; THENCE NORTH 59°48'04" WEST 43.88 FEET TO THE NORTHWESTERLY LINE OF PARCEL "C"; THENCE NORTH 54°25'37" EAST 45.00 FEET ALONG THE NORTHWESTERLY LINE OF PARCEL "C" TO THE POINT OF BEGINNING CONTAINING 900 SQUARE FEET, be and the same is hereby approved and accepted for a dedicated permanent easement, to allow for the construction and future maintenance of a storm sewer located at 1246 Martin Road, and authorizing the Mayor and City Clerk to execute said document. PASSED AND ADOPTED this 3rd day of September 2019. 4 ' i +,,, r < Quentin Hart, Mayor ATTEST: iktatU -,i/d) - __144 Kelley Felchl 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. 2019-664 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. .. ii4 j/ Kelley Felchl : , +SF L ': City Clerk