The URL can be used to link to this page

Home My WebLink AboutBlakewood Place Condominiums - Easement Agmnt - 9/23/19 (RECORDED) 11111111 II I I IIII IIIII I III III I II 111111 II 9-- Doc ID: 009715780004 Type: GEN Recorded: 12/03/2019 at 01:57:40 PM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER F11e2020_00010092 Prepared by Tim Andera,715 Mulberry Sheet,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 le 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. G3 ) 4 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. CITY OF WATERLOO, IOWA / V—, 7 By: O.k:t_Cfti,'L t 40------ lakewoods Place Condominium Quentin.Hart, Mayor By: .vis L. licuic- Its: S;devi'i' l' Attest: A / It A/k ,,4 1 K-11e' Felchlh Cr Clerk STATE OF TO tti9A+ ) ) ss. ii.tet,.. Ait., , COUNTY) Acknowledged before me on .4 2c) , 2019, by ,� L , as an authorized representative for Blakewoods lace Con.(f(ITfi)!'nium ANDREW C.ABBOTT COMMION NO.196734i t MY CQ 'owl' V�eA, Z Notary ,!ms`s — STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on OC- ‘ , 2019, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. m-,.,.it NANCY H(GgY � _' COMMISSION N0.788229 MY COMMISSION EXPIRES Notary ' blic Boa* ',4..--__5--.A.0.-C t 46 2 Index Legend Lpcation Blakewoods Place Condominium Description: City of Waterloo, Iowa Requestor: Jamie Knutson, City of Waterloo Proprietor: Blakewoods Place Condominium EX H I g 1?" _ ] 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 System Easement Blakewoods Place Condominium, City of Waterloo, Black Hawk County, Iowa Fd.(2)#4 rebars Unplatted SE 1/4 21-89-13 w/damaged yellow (8.00'N 87°47'30"E) Easement Description: cap. Used west p monument for line 348.8'(348.10'S 87°47'30"W) A Permanent 8-foot wide Storm Sewer Fd.#4 rebar Fd.#4 rebar w/out cap Easement under,across,and upon that k w/yellow cap 7 >� "Iowa-8033" portion of Blakewoods Place Condominium, xCity of Waterloo, Black Hawk County,Iowa, ES (29.99')being more particularly described as follows: x Commencing at the southwest corner of Q. Blakewoods Place Condominium,being the Z . intersection of the north line of Sager Avenue M and the east line of Linbud Lane(said east .o4.4 line being the west line of Blakewoods Place Condominium and also being the west line of M the Northeast Quarter of Section 28, <I w Township 89 North, Range 13 West of the Cr o ✓' co 5th PM);thence North 00°49'36"West 113.00 feet along the said west line of y Z ) °r Blakewoods Place Blakewoods Place Condominium to the Point Zr o of Beginning;thence continuing North io u) Condominium 00°49'36"West 419.05 feet along said west a' �- N line to the northwest corner of Blakewoods —o m File#2003-07006 N �® Place Condominium;thence North 87°47'30" z �I v ,, y: East 8.00 feet along the north line of o L` �? r ? '� Blakewoods Place Condominium;thence co N South 00°49'36"East 419.24 feet along a line _ v1:3 8-feet normally distant from and parallel with r 'a ?` Q the said west line of Blakewoods Place N L al _ Condominium;thence South 89°10'24"West A8.00 feet,perpendicular to the last described ...t cu course,to the west line of Blakewoods Place V I ■E h' ..� Condominium and the point of beginning o I J x ' V containing 3,353 square feet. nn IPOB 0 W — The west line of Blakewoods Place Condominium is assumed to bear North --- \- 00°49'36"West for the purpose of this description. o m (8.00'S 89°10'24"W) O (h r O z_-_, Oi Z Fd.#4 rebar Fd.1" w/yellow cap Pinched �� (30.04') "Iowa-8033" Pipe Fd.#4 rebar —344.01'H 345.11'c(343.99'N 89°20'33"E)— — — w/outcap Pooh 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 ..a.m., prepared and the related survey work was performed e.sSOPJAt. by me or under my direct personal supervision and ,.®sn <, .7 44-,49... .. that I am a duly licensed Land Surveyor under the Plat Legend: ' " WILLIAM Ce tr laws of the .tate o Jolva. • Found Monument W e t 7 / _ 0 Set 5/8"x 24"Rebar e co1.. CASTLE ' 1 F� 7.4e/(5 w/Blue Cap �u e � m ',14/JA i_ 11q,O, ,, 19715 of William W.Castle, PLS Date "Iowa" -i c n° ,y `I''' ® Cut"X"in concrete, Q. License Number 19715 found or set 0 50 100 tlAi iow(ateA My License Renewal Date is December 31,2019. 123.45' Record Measurement —i Pages or sheets covered by this seal: f / (123.45') Field Measurement Scale:finch=100 feet i City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No. 715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 8-16-2018 1 of 1 Phone: (319) 291-4312 Fax: (319)291-4262 Date Drawn: 7-22-19 — _ Index Legend Location Blakewoods Place Condominium Description: City of Waterloo, Iowa Requestor: Jamie Knutson, City of Waterloo . E .Proprietor: Blakewoods Place Condominium X '$ r A ` 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 Temporary Construction Easement Blakewoods Place Condominium, City of Waterloo, Black Hawk County, Iowa Fd.(2)#4 rebars (8.00') Unplatted SE 1/4 21-89-13 w/damaged yellow (N 87°47'30"E) Easement Description: 12.01'N 87°47'30"E) p cap. Used west ( monument for line 348.8'(348.10'S 87°47'30"W) A Temporary 12-foot wide Construction Fd.#4 rebar Fd.#4capbar Easement across and upon that portion of / / w/yellow cap "Iowa-8033" Blakewoods Place Condominium,City of I � (29.99Waterloo,Black Hawk County, Iowa,being ') more particularly described as follows: a IV,` Commencing at the southwest corner of �`I Blakewoods Place Condominium,being the 1,, intersection of the north line of Sager Avenue >XI and the east line of Linbud Lane(said east .0 )e` line being the west line of Blakewoods Place /iXi 1.+ ?x w Condominium and also being the west line of II the Northeast Quarter of Section 28, Township 89 North, Range 13 West of the Q 5th PM);thence North 00°49'36"West CO a, 113.00 feet along the said west line of vM ,C` L y rn - �'• ;r Blakewoods Place Blakewoods Place Condominium;thence v ooo North 89°10'24"East 8.00 feet,perpendicular 1›,1 to the last course,to the Point of Beginning; M �, Condominiumoz,r thence North 00°49'36"West 419.24 feet L —g– m File#2003-07006 N k0 along a line 8.00-feet normally distant from 03 z v o y: and parallel with the said west line of %Q o1" )' z --- Blakewoods Place Condominium to the north 03 C :: line of Blakewoods Place Condominium; _ J LI thence North 87°47'30"East 12.01 feet along Q the north line of Blakewoods Place m _ Condominium;thence South 00°49'36"East I(N1 1SI ' 419.53 feet along a line 20-feet normally distant from and parallel with the said west V I line of Blakewoods Place Condominium; o I ":"111 (,) thence South 89°10'24"West 12.00 feet, MM OB 0 perpendicular to the last described course,to N. CO J — the point of beginning containing 5,033 square feet. The west line of Blakewoods Place Condominium is assumed to bear North o(° (12.00'S 89°10'24"W) 00°49'36"West for the purpose of this ro v (8.00'N 89'10'24"E) description. 2' Fd.#4 rebar Fd.1" w/yellow cap Pinched ^ (30.04') "Iowa-8033" Pipe Fd.#4 rebar —344.01'H 345.11'c(343.99'N 89°20'33"E)— — — w/out cap \1 POC Sager Avenue ®fie V � f'1 rr �.Y 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 sSION 4'�,ya prepared and the related survey work was performed �p.tl�P�p�,��h..N n., by me or under my direct personal supervision and th Q0: t I am a duly licensed Land Surveyor under the Plat Legend: �� WILLIAM a Alcn W. laws of th -tate of to a. • Found Monument lit�, CASTLE n R gg 0 Set 5/8"x 24"Rebar �� 9 w/Blue Cap '„ � �� s "Iowa-19715" > " b0 4;-,,4William W.Castle, PLS Date ® cut"x"in concrete, lt' Ij0 as�® - License Number 19715 found or set 0 50 100 VY, My License Renewal Date is December 31,2019. 123.45' Record Measurement (123.45') Field Measurement Scale:1inch=100 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: 8-16-2018 1 of 1 Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:7-22-19 — —