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HomeMy WebLinkAboutXL Colt- 2/6/2017 (RECPRDED 11111111111111111111111111111111111111111111111111 ' Doc ID: 009679330005 Type: GEN Recorded: 10/14/2019 at 02:46:31 PM Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa SANDIE L. SMITH RECORDER Q '] Fi1e2020-00006851 IAAIcoco Prep red By: Eric W. Johnson, P.O. Box 178, Waterloo,IA 50704-0178 (319)234-1766 After Recording Return To: Eric W.Johnson, P.O. Box 178, Waterloo, IA 50704-0178 SANITARY SEWER EASEMENT AGREEMENT THIS SANITARY SEWER EASEMENT AGREEMENT is entered into by and between XL Colt Farms, LLC ("XL Colt") and the City of Waterloo, Iowa("City"). WHEREAS, XL Colt is the owner of real estate legally described as: See attached Exhibit"A"which is to be developed into a subdivision to be known as Audubon Hills First Addition, Waterloo, Black Hawk County, Iowa("Audubon Hills First"). and real estate to the west of Audubon Hills First being part of the preliminary plat for Audubon Hills and to be platted into further additions ("XL Colt Property"). WHEREAS, XL Colt wishes to grant an easement on XL Colt Property to City for the right to construct, maintain, and repair a sanitary sewer to serve Audubon Hills First. NOW THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Grant of Easement. XL Colt does hereby grant and convey to City the right to construct, maintain, and repair a sanitary sewer on XL Colt Property more particularly shown on the attached Exhibit"B" ("Easement Premises"). XL Colt agrees that all provisions of the Waterloo Code of Ordinances, including without limitation the Waterloo subdivision ordinance, relating to dedication of easements for sanitary sewer are applicable and binding on XL Colt. 2. Maintenance. XL Colt and any other party using Easement Premises shall maintain and be responsible for the cost of maintaining Easement Premises and such cost of maintenance shall include reconstruction when reasonably necessary. Notwithstanding the above provisions, either party causing damage to Easement Premises through negligence on the GP) j part of that party themselves or others for them or their behalf shall be wholly responsible for any such damage resulting from any such negligence. Each party will take reasonable steps to restore the Easement Premises to its condition prior to the construction, repair, or maintenance of the sanitary sewer. 3. Indemnification. XL Colt agrees to defend, protect, indemnify and hold harmless City from and against all claims, demands, liens, costs, losses, expenses and liabilities of any kind, including attorney's fees, arising out of or resulting from or related to the construction or maintenance of the sanitary sewer on XL Colt Property. 4. Running of Benefit and Burdens. All the provisions of this Agreement, including the benefits and burdens, run with the land and are binding on and adhere to the benefit of the heirs, assigns, and successors of the parties. 5. Miscellaneous. (a) This Agreement shall be constructed, construed, and enforced in accordance with the laws of the State of Iowa. (b) This Agreement sets forth the entire understanding of the parties and no terms, conditions, or warranties other than those contained herein and no amendments thereto shall be valid unless made in writing and signed by the parties hereto. (c) The prevailing party in any legal action brought to enforce this Agreement shall be entitled to reasonable attorney fees and costs. I Colt Far _ LLC9 City of Waterloo, Iowa A/ -G y: David Lederma By: Quentin M. Hart Its: Manager Its: Mayor ATTEST: elley-Fzhizt City Clerk FelahtG STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. //CC This record was acknowledged before me on this na day of Ma , 2018, by David Lederman, as Manager of XL Colt Farms, LLC. /at( 161,- Notary Public • roc r. VA;��J t ' f .r STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. S-� This record was acknowledged before me on this day of , 2018, by Quentin M. Hart and Kelley Felchie, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 4'&AL.f NANCY HIGBY 229 ,; r COMMISSION N.ERES 0:L CO�IVUSSI� XPIES Fu vi1 F31 DESCRIPTION: A STRIP OF LAND BEING 30 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES,THE CENTERLINE OF WHICH IS EXTENDED WESTERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN AUDUBON PARK FIFTH ADDITION TO THE CITY OF WATERLOO, IOWA;THENCE SOUTH 77°44'43"EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 16°41'20"EAST,A DISTANCE OF 87.88 FEET; THENCE SOUTH 82°24'20"EAST,A DISTANCE OF 367.83 FEET; THENCE NORTH 0°15'57" WEST,A DISTANCE OF 153.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 82°24'20" WEST,A DISTANCE OF 370.88 FEET;THENCE NORTH 85°34'29" WEST,A DISTANCE OF 400.00 FEET;THENCE NORTH 81°12'22"WEST,A DISTANCE OF 182.62 FEET; THENCE NORTH 70°20'57" WEST,A DISTANCE OF 239.96 FEET TO A POINT ON THE EASTERLY LINE OF AUDUBON PARK 6th ADDITION, SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE EASTERLY AND WESTERLY ENDS THEREOF. CONTAINING 0.822 ACRES OR 35,804 SQUARE FEET, MORE OR LESS. AND A STRIP OF LAND BEING 50 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES, THE CENTERLINE OF WHICH IS EXTENDED NORTHERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA;THENCE SOUTH 19°34'28"EAST ALONG THE EASTERLY LINE OF SAID AUDUBON PARK SIXTH ADDITION,A DISTANCE OF 30.00 FEET;THENCE SOUTH 70°20'57"EAST,A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 19°45'21"EAST,A DISTANCE OF 216.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF US HIGHWAY 20, SAID POINT ALSO BEING THE POINT OF TERMINATION;THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTHERLY AND SOUTHERLY ENDS THEREOF. CONTAINING 0.248 ACRES OR 10,822 SQUARE FEET,MORE OR LESS. 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SMITH RECORDER F11e2020-00006856 way- /00 Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2017-88 RESOLUTION APPROVING THE REQUEST BY XL COLT FARMS TO DEDICA IE A 30 FOOT AND 50 FOOT WIDE PERMANENT SANITARY SEWER EASEMENT, TO ALLOW FOR CONSTRUCTION AND FUTURE MAINTENANCE OF A SANITARY SEWER LINE, GENERALLY LOCATED BETWEEN AUDUBON PARK SIXTH ADDITION AND AUDUBON HILLS FIRST ADDITION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following described property: A STRIP OF LAND BEING 30 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES, THE CENTERLINE OF WHICH IS EXTENDED WESTERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 1 IN AUDUBON PARK FIFTH ADDITION TO THE CITY OF WATERLOO, IOWA; THENCE SOUTH 77°44'43" EAST ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 224.92 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTH 16°41'20" EAST, A DISTANCE OF 87.88 FEET; THENCE SOUTH 82°24'20" EAST, A DISTANCE OF 367.83 FEET; THENCE NORTH 0°15'57" WEST, A DISTANCE OF 153.95 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 82°24'20" WEST, A DISTANCE OF 370.88 FEET; THENCE NORTH 85°34'29" WEST, A DISTANCE OF 400.00 FEET; THENCE NORTH 81°12'22" WEST, A DISTANCE OF 182.62 FEET; THENCE NORTH 70°20'57" WEST, A DISTANCE OF 239.96 FEET TO A POINT ON THE EASTERLY LINE OF AUDUBON PARK 6TH ADDITION, SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE EASTERLY AND WESTERLY ENDS THEREOF. CONTAINING 0.822 ACRES OR 35,804 SQUARE FEET,MORE OR LESS, AND A STRIP OF LAND BEING 50 FEET WIDE TO BE USED FOR SANITARY SEWER PURPOSES, THE CENTERLINE OF WHICH IS EXTENDED NORTHERLY AND IS DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1 IN AUDUBON PARK SIXTH ADDITION TO THE CITY OF WATERLOO, IOWA; THENCE SOUTH 19°34'28" EAST ALONG THE EASTERLY LINE OF SAID AUDUBON PARK SIXTH ADDITION, A DISTANCE OF 30.00 FEET; THENCE SOUTH 70°20'57" EAST, A DISTANCE OF 100.00 FEET TO THE POINT OF BEGINNING OF THE TRACT OF LAND HEREINAFTER DESCRIBED; THENCE NORTH 19°45'21" EAST, A DISTANCE OF 216.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF US HIGHWAY 20, SAID POINT ALSO BEING THE POINT OF TERMINATION; THE SIDELINES OF SAID STRIP ARE TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTHERLY AND SOUTHERLY ENDS (kW Resolution 2017-88 Page 2 THEREOF. CONTAINING 0.248 ACRES OR 10,822 SQUARE FEET, MORE OR LESS; be and the same is hereby dedicated for the purpose of construction and future maintenance of a sanitary sewer line, generally located between Audubon Park Sixth Addition and Audubon Hills First Addition. PASSED AND ADOPTED this 6th day of February 2017. Quentin Hart, Mayor ATTEST: ü&' jedkg"..___ Kelley Fe dhle City Cler 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 2017-88, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 6th day of February 2017. Witness my hand and seal of office this 6th day of February 2017. � aw 1 . � Kelley Felchle � t City Clerk . :: a -+# .ate" �{ int e • 1. a4