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HomeMy WebLinkAboutJustin and Mahala Else - Acquisition Contract - 1/6/2020Prepared by/Return to: Carolyn Surman, JCG Land Services, Inc., 9001 Hickman Road, Suite 100, Urbandale, IA 50322 515.382.1698 SPACE ABOVE THIS LINE FOR RECORDER OFFER TO PURCHASE AND AGREEMENT Page 1 PARCEL NO. 02 COUNTY: Black Hawk PROJECT NO. TOF-284 PROJECT NAME: Ansborough Ave. Intersection Improvements TO: Justin L. Else and Mahala Else, husband and wife On this go. day of y , 2019, the City of Waterloo, Iowa, a municipal corporation organized under the laws of the State of Iowa (hereinafter referred to as "CITY" or "BUYER") acting by and through the undersigned, its authorized Agent, hereby offers to buy the real estate situated in Black Hawk County, Iowa, and legally described on the attached Right of Way Acquisition Plat. This offer shall terminate on 30 days from offer date. If accepted by SELLER, as evidenced by SELLER'S signature below, the parties agree as follows: 1. SELLER AGREES to sell and furnish to BUYER a conveyance document, on form(s) furnished by Buyer, and Buyer agrees to buy the following real estate, hereinafter referred to as the premises as described on pages four and five and which include the following buildings, improvements and other property: land only. The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER CONSENTS to any change of grade related to the project and accepts payment under this agreement for any and all damages arising therefrom. SELLER ACKNOWLEDGES full settlement and payment from Buyer for all claims per the terms of this agreement and discharges Buyer from liability because of this agreement and the construction of this public improvement project. 2. Possession of the premises is the essence of this agreement and Buyer may enter and assume full use and enjoyment of the premises per the terms of this agreement. SELLER grants Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER may surrender possession of the premises or building or improvement or any part thereof prior to the time at which SELLER has hereinafter agreed to do so, and agrees to give Buyer ten (10) days' notice of SELLER'S intention to do so in writing. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. PAYMENT AMOUNT AGREED PERFORMANCE DATE $ on right of possession $ on conveyance of title $ on surrender of possession $ 125.00 on possession and conveyance Within 30 Days of BUYER Approval $ 125.00 TOTAL LUMP SUM BREAKDOWN: ac. = acres / sq.ft. = square feet Land by Fee Title 30 sq.ft. Underlying Fee Title sq.ft. Permanent Easement sq.ft. Temporary Easement 47 sq.ft. Landscaping/Other Total Additional Damages $ 105.00 $ 20.00 $ 125.00 DISTRIBUTION: ONE COPY RETURNED TO BUYER -- ONE COPY RETAINED BY SELLER Page 2 4. SELLER WARRANTS that there are no tenants on the premises holding under lease except:None 5. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 7 pages. 6. This agreement shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: Bank of America, N.A., 101 South Tryon Street, Charlotte, NC 28255 7. SELLER agrees that amounts payable by SELLER for real estate taxes, special assessments, mortgage payoffs, liens, or judgments shall be deducted at closing from the purchase price. SELLER AGREES to obtain court approval of this contract, if requested by Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. BUYER agrees that any drain tile and/or underground irrigation systems which are located within the premises and are damaged by construction shall be repaired at no expense to SELLER. BUYER shall have the right of entry upon SELLER'S remaining property along the right of way line, if necessary, for the purpose of connecting said drain tile and/or underground irrigation systems. 9. If SELLER holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this agreement, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of SELLER. 10. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a Declaration of Value by the Code of Iowa. 11. BUYER hereby gives notice of SELLER's five-year right to renegotiate construction or maintenance damages not apparent at the time of the signing of this agreement as required by the Code of Iowa. 12. This written agreement constitutes the entire agreement between BUYER and SELLER and there is no agreement to do or not to do any act or deed except as specifically provided for herein. 13. SELLER states and warrants that there is no well, solid waste disposal site, hazardous substances, nor underground storage tanks on the premises described and sought herein, except:None 14. BUYER is also granted a Temporary Easement, described on the "Temporary Easement for Construction Exhibit", on SELLER'S property for the purpose of allowing the City, its agents, contractors and employees a right of entry in, upon and onto the above -described property for but not limited to surveying, grading, storing materials and equipment and providing access during the construction of the Ansborough Ave. Intersection Improvements project and appurtenant facilities thereto. The Temporary Construction Easement shall terminate the earlier of: eighteen (18) months from initiation of construction on Seller's property by the City, or upon acceptance of the project by the City Council of the City of Waterloo. Page 3 SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lump su�j payment shown herein is just and unpaid. X Just. Else ALL PURPOSE ACKNOWLEDGMENT STATE OF _1-ow CA - COUNTY OP Bi e k } ) ss: On this.. day of /t yy , A.D. 20 / / , before me, the undersigned, a Notary Public inland for said State, personally appeared -Tiasi-;n L. Else ra„ ,111Mra l., aJ 0. F l5a to me personally known or X proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. X M ala 'se (NOTARY SEAL) 71" c (Sign in Ink) (Print/Type Name) . Notary Publif in and or the State of " hj*. MICHAEL 0 NCL$APPLE Commission Number 780044 My Commission Expires August 23, 2019 1 BUYER'S APPROVAL Signed by: Signed by: COUNTY OF iL�(� zt i k } ss: On this v14fr\ day of Gl_V\ , 20-0 , before me, the undersigned, personally appeared known to me to be an agent of the City of Waterloo, Iowa and who did say that said instrument was signed on behalf of City by its authority duly recorded in its minutes, and said agent acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of the City and by it voluntarily executed. / (Date) / -LA) (Date) (Date) CAPACITY CLAIMED BY SIGNER: X INDIVIDUAL _ CORPORATE Title(s) of Corporate Officer(s): _ Corporate Seal is affixed _ No Corporate Seal procured _ PARTNER(s): _ Limited Partnership _ General Partnership _ ATTORNEY -IN -FACT EXECUTOR(s) or TRUSTEE(s) _ OTHER: SIGNER IS REPRESENTING: List name(s) of person(s) or entity(ies) Justin L. Else Mahala Else GUARDIAN(s) or CONSERVATOR(s) BUYER'S ACKNOWLEDGMENT STATE OF I 0 J c NANCY 1-1!GBY COMMISSION NO.788229 MY COMMISSION EXPIRES Notary Pulic in apd for the tatof Iowa Index Legend Location: Requester: Proprietor. Surveyor: Surveyor Company: Return To: Lot 6 Meadowdale Second Filing City of Waterloo City of Waterloo Engineering Department Justin L. Else Jimmy D. Rose Anent Design Ament Design 625 32nd Avenue SW Cedar Rapids, IA 52404 amentmol(olgm ail.com 0 2.5 5 SCALE: 1"= 5' 10 NOTES: 1. DISTANCES IN FEET AND DECIMALS THEREOF. 2. BEARINGS SHOWN ARE BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE (NADB3) 3. FIELD WORK COMPLETED 3/30/2019 LINE TABLE o N 89°18'19" E 6.00' S 0°29'02" E 11,19' N 8°39'47" W 6.75' S 89°18'19" W 5.04' N 0°29'02" W 4.50' PREPARED FOR CITY OF WATERLOO ENGINEERING DEPARTMENT ANSBOROUGH AVE./DOWNING AVE. ROADWAY IMPROVEMENTS CITY OF WATERLOO # TOF-284 IDOT #STP—A-8155(757)-86-07 OMNM BY: APPROVED 9Y °A,E. Lk ri116, 9:31am Ansborouoh Downing Right -of -Way exhiblLdwn I EI P.O.C. NW COR OF EAST 58' OF LOT 8 RIGHT-OF-WAY ACQUISITION PLAT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING CITY OF WATERLOO BLACK HAWK COUNTY, IOWA DOWNING AVENUE (66' R.O.W) EXISTING ROW LINE N 89°18'19" E 51.94' (58.00') P.O.B PROPOSED R.O.W. LINE EAST 58' OF LOT 6 MEADOWDALE SECOND FILING PIN 8913-28-276-021 JUSTIN L. ELSE WARRANTY DEED DOC 62011-12632 OWNER JUSTIN L. ELSE 903 DOWNING AVE WATERLOO, IA 50701 SURVEYOR AMENT DESIGN JIMMY D. ROSE 625 32ND AVENUE SW CEDAR RAPIDS, IOWA 52404 Flo LEGEND 0 • (R) P.O.B. P.O.C. REVISION DESCRIPTION APPROVED DATE EXISTING R.O.W. LINE PROPOSED RIGHT-OF-WAY ACQUISITION SET 4" DIA. REBAR / ALUM CAP#11309 FOUND MONUMENT RECORD DIMENSION POINT OF BEGINNING POINT OF COMMENCEMENT Ament DESIGN .. A ENE. C' .1bi .re4nlm PARCEL DESCRIPTION PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDA LE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18'19" EAST, 51.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°I8'19" EAST, 6.00 FEET ON SAID RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 11.19 FEET ON THE EAST LINE OF SAID LOT 6; THENCE, NORTH 8°39'47" WEST, 6.75 FEET; THENCE, SOUTH 89°18'19" WEST, 5.04 FEET; THENCE, NORTH 0°29'02" WEST, 4.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 30 SQUARE FEET. tea\\\ g9\otk At. LANp �\1� .. R,,,ye i a : JIMMY D, ROSE 4. E 11309 �\.IOWA d I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE REIATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPSW,CI0N AND THAT I AM A DULY UCENSED LAND SURVEYOR UNDER THFJL WUA OF THE STATE OF IOWA. ge— OR NO. 11309 /0, 02,/9 MY UCENSE RENEWAL DATE IS DECEMBER 31, 2019 ENNRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPECIFIED BELOW. RIGHT-OF-WAYACQUISITION 903 DOWNING AVE PART OF EAST 58 FEET OF LOTS, MEADOWDALE SECOND FILING ACQUISITION PLAT AMENT PROJECT NUMBER: SHEET No_ 1 OF 2 AMENT DESIGN CEDAR RAPIDS, IOWA (319-378-1401) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 903 DOWNING AVENUE WATERLOO, IOWA, 50701 PROJECT PARCEL NO. OWNER: JUSTIN L. ELSE 903 DOWING AVE. WATERLOO, IA 50701 PARCEL NO. 8913-28-276-021 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18'19" EAST, 51.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°18'19" EAST, 6.00 FEET ON SAID RIGHT OF WAY LINE TO THE NORTHEAST CORNER OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 11.19 FEET ON THE EAST LINE OF SAID LOT 6; THENCE, NORTH 8°39'47" WEST, 6.75 FEET; THENCE, SOUTH 89°18'19" WEST, 5.04 FEET; THENCE, NORTH 0°29'02" WEST, 4.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 30 SQUARE FEET. Page 2 of 2 0 2.5 5 SCALE: 1"= 5' LEGEND • (R) P.O.B. P.O.C. 10 PROPOSED TEMPORARY EASEMENT PARCEL BOUNDARY FOUND MONUMENT RECORD DIMENSION POINT OF BEGINNING POINT OF COMMENCEMENT NOTES: 1. DISTANCES IN FEET AND DECIMALS THEREOF. 2. BEARINGS SHOWN ARE BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE (NAD83) 3. FIELD WORK COMPLETED 3/30/2019 PREPARED FOR CITY OF WATERLOO ENGINEERING DEPARTMENT ANSBOROUGH AVE./DOWNING AVE. ROADWAY IMPROVEMENTS CITY OF WATERLOO # TOF-284 IDOT #STP-A-8155(757)-86-07 DRAWN ev, L, APPROVED ar: JDR ogre. March 29, 10:10am Ansborough @ Downing Right -of -Way exhibit.dwg I EI P.O.C. NW COR OF EAST 58' OF LOT 6 OWNER JUSTIN L. ELSE 903 DOWNING AVE WATERLOO, IA 50701 SURVEYOR AMENT DESIGN JIMMY D. ROSE 625 32ND AVENUE SW CEDAR RAPIDS, IOWA 52404 NO. REVISION DESCRIPTION EXISTING ROW LINE N 89°18'19" E 49.94' (58.00') APPROVED DATE TEMPORARY EASEMENT FOR CONSTRUCTION EXHIBIT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING CITY OF WATERLOO BLACK HAWK COUNTY, IOWA DOWNING AVENUE (66'R.O.W) P.O.B. / PROPOSEDT.E. LINE 1 / /�ILL PROPOSED R.O.W. LINE EAST 58' OF LOT 6 MEADOWDALE SECOND FILING PIN 8913-28-276-G21 JUSTIN L. ELSE WARRANTY DEED DOC #2011-12632 Ament 3,8.1401 1; tt 1 EXISTING R.O.W. LINE TEMPORARY EASEMENT 903 DOWNING AVE PART OF EAST 58' LOT 6 MEADOWDALE SECOND FILING PARCEL DESCRIPTION PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18'19" EAST, 49.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°18'19" EAST, 2.00 FEET ON SAID RIGHT OF WAY LINE; THENCE, SOUTH 0°29'02" EAST, 4.50 FEET; THENCE, NORTH 89°18'19" EAST, 5.04' THENCE, SOUTH 8°39'47" EAST, 6.75 FEET TO THE EAST LINE OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 14.06' ON SAID EAST LINE; THENCE, NORTH 8°39'47" WEST, 18.93 FEET; THENCE, SOUTH 89°18'19" WEST, 5.30 FEET; THENCE, NORTH 0°29'02" WEST, 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 47 SQUARE FEET. LINE TABLE N 89°18'19" E 2.00' S 0°29'02" E 4.50' N 89°18'10" E 5.04' S 8°39'47" E 6.75' S 0°29'02" E 14.06' N 8°39'47" W 18.93' S 89°18'19" W 5.30' N 0°29'02" W 6.50' TEMPORARY EASEMENT AMENT PROJECT NUMBER: 1 of AMENT DESIGN CEDAR RAPIDS, IOWA (319-378-1401) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 903 DOWNING AVENUE WATERLOO, IOWA, 50701 PROJECT PARCEL NO. OWNER: JUSTIN L. ELSE 903 DOWING AVE. WATERLOO, IA 50701 PARCEL NO. 8913-28-276-021 PARCEL DESCRIPTION: TEMPORARY EASEMENT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18' 19" EAST, 49.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°18'19" EAST, 2.00 FEET ON SAID RIGHT OF WAY LINE; THENCE, SOUTH 0°29'02" EAST, 4.50 FEET; THENCE, NORTH 89°18'19" EAST, 5.04' THENCE, SOUTH 8°39'47" EAST, 6.75 FEET TO THE EAST LINE OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 14.06' ON SAID EAST LINE; THENCE, NORTH 8°39'47" WEST, 18.93 FEET; THENCE, SOUTH 89°18'19" WEST, 5.30 FEET; THENCE, NORTH 0°29'02" WEST, 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 47 SQUARE FEET. Page 2 of 2 TEMPORARY CONSTRUCTION EASEMENT (CORPORATE GRANTOR) For the consideration of ONE and NO/100---($1.00)---Dollars and other valuable consideration in hand paid by the City of Waterloo, Iowa, Justin L. Else and Mahala Else, husband and wife (hereinafter referred to as "GRANTOR"), organized and existing under the laws of the State of Iowa does hereby grant to the City of Waterloo, Iowa, the RIGHT, PRIVILEGE and EASEMENT to use and occupy temporarily during the initial construction of the road and highway to be constructed in connection with the Ansborough Ave. Intersection Improvements, project number TOF-284, over the following described real property, to wit: Property legally described in the attached Temporary Easement for Construction Exhibit and by this reference made a part hereof. As a further consideration of this Grant, The City of Waterloo, Iowa herein agrees as follows: 1. That the City of Waterloo, Iowa shall perform the construction work contemplated herein at its sole cost and expense and in compliance with all applicable laws and regulations and in a good and workmanlike manner without disturbing the operations and activities of "GRANTOR", or its lessee on the remainder of "GRANTOR's property in the vicinity of the Easement Area. The City of Waterloo, Iowa shall timely and fully pay all such costs of the construction and shall keep the Easement Area and the rest of "GRANTOR"'s property free and clear of Mechanic's Liens and Material's Liens at all times. 2. That in the event fences, driveways other appurtenances to the property being acquired by the Easement for Public Highway, are damaged during the construction, the City of Waterloo, Iowa will cause the said improvements on the property herein described to be repaired and restored to a condition fully equal to that existing before construction operations were commenced. 3. That immediately following the construction herein referred to, the City of Waterloo, Iowa will cause to he removed from the Temporary Easement Area, all debris, surplus material and construction equipment and leave the Temporary Easement Area in a neat and presentable condition and to restore the Temporary Easement Area and its surface to the condition it was in prior to the City of Waterloo, Iowa's construction activities. 4. That the right, privilege and easement herein granted shall cease and terminate immediately following the completion of construction, final inspection and acceptance of the road/highway by the City of Waterloo, Iowa and the performance by the City of Waterloo, Iowa of the conditions and covenants herein set out or within 18 months of the commencement of construction by the City of Waterloo, Iowa, the date of which will be given to "GRANTOR" by the City of Waterloo, Iowa, whichever may occur earlier. 5. The City of Waterloo, Iowa is hereby given permission by "GRANTOR" to allow for the shaping of slopes beyond the permanent right of way line, in accordance with project plans. THIS INSTRUMENT, and the covenants and agreements herein contained, shall inure to the benefit of and be binding and obligatory upon the heirs, executors, administrators. successors and assigns of the respective parties. 817106 IN WITNESS WHEREOF, we have hereunto set our hands this sday of , 2019. /. ahal.se STATE OF IOWA ) SS. COUNTY OFttn,f K0,,v3 L ) nJ 22- On this J day of J�a , 2019, before me, the undersigned, personally appeared known to me to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. /177 77? dire/ MICHAEL 0 HOLSAPPLE J v Conrnission Number 780044 My Commission Expires August 28, 2019 817106 Notary Public in and for t of Iowa 2 O 2.5 5 SCALE: 1". 5' LEGEND • (R) P.O.B. P.O.C. 10 PROPOSED TEMPORARY EASEMENT PARCEL BOUNDARY FOUND MONUMENT RECORD DIMENSION POINT OF BEGINNING POINT OF COMMENCEMENT NOTES: 1. DISTANCES IN FEET AND DECIMALS THEREOF. 2. BEARINGS SHOWN ARE BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE (NAD83) 3. FIELD WORK COMPLETED 3/30/2019 PREPARED FOR CITY OF WATERLOO ENGINEERING DEPARTMENT ANSBOROUGH AVE./DOWNING AVE. ROADWAY IMPROVEMENTS CITY OF WATERLOO # TOF-284 IDOT #STP—A-8155(757)-86-07 DRAWNLJR APPROVED BY: oaTe: March 29, 10:10am Ansborough 6 Downing Right -of -Way exhibit.dwq I El JLDR P.O.C. NW COR OF EAST 58' OF LOT 6 OWNER JUSTIN L. ELSE 903 DOWNING AVE WATERLOO, IA 50701 SURVEYOR AMENT DESIGN JIMMY D. ROSE 625 32ND AVENUE SW CEDAR RAPIDS, IOWA 52404 NO. REVISION DESCRIPTION APPROVED EXISTING ROW LINE N 89°18'19" E 49.94' (58.00') DATE TEMPORARY EASEMENT FOR CONSTRUCTION EXHIBIT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING CITY OF WATERLOO BLACK HAWK COUNTY, IOWA DOWNING AVENUE (66' R.O.W) P.O.B. ®I I PROPOSED T.E. LINE 1 L _�_ PROPOSED R.O.W. LINE EAST 51.OF LO u A0041,,l7ALE 113C0i90 FILING PIN 8913-28-276.O'.1 JUSTIN L ELSF VVAPPANTY DEED OOC; 420I I-12632 EXISTING R.O.W. LINE PARCEL DESCRIPTION PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18'19" EAST, 49.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°18'19" EAST, 2.00 FEET ON SAID RIGHT OF WAY LINE; THENCE, SOUTH 0°29'02" EAST, 4.50 FEET; THENCE, NORTH 89°18'19" EAST, 5.04' THENCE, SOUTH 8°39'47" EAST, 6.75 FEET TO THE EAST LINE OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 14.06' ON SAID EAST LINE; THENCE, NORTH 8°39'47" WEST, 18.93 FEET; THENCE, SOUTH 89°18'19" WEST, 5.30 FEET; THENCE, NORTH 0°29'02" WEST, 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 47 SQUARE FEET. TEMPORARY EASEMENT 903 DOWNING AVE PART OF EAST 58' LOT 6 MEADOWDALE SECOND FILING LINE TABLE N 89°18'19" E 2.00' S 0°29'02" E 4.50' N 89°18'19" E 5.04' S 8°39'47" E 6.75' S 0°29'02" E 14.06' N 8°39'47" W 18.93' S 89°18'19" W 5.30' N 0°29'02" W 6.50' TEMPORARY EASEMENT AMENT PROJECT NUMBER: SHEET NO. 1 of2 AMENT DESIGN CEDAR RAPIDS, IOWA (319-378-1401) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 903 DOWNING AVENUE WATERLOO, IOWA, 50701 PROJECT PARCEL NO. OWNER: JUSTIN L. ELSE 903 DOWING AVE. WATERLOO, IA 50701 PARCEL NO. 8913-28-276-021 PARCEL DESCRIPTION: TEMPORARY EASEMENT PART OF THE EAST 58 FEET OF LOT 6 IN MEADOWDALE SECOND FILING, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST 58 FEET OF LOT 6; THENCE, NORTH 89°18' 19" EAST, 49.94 FEET ON THE SOUTH RIGHT OF WAY LINE OF DOWNING AVENUE TO THE POINT OF BEGINNING; THENCE, NORTH 89°18' 19" EAST, 2.00 FEET ON SAID RIGHT OF WAY LINE; THENCE, SOUTH 0°29'02" EAST, 4.50 FEET; THENCE, NORTH 89°18'19" EAST, 5.04' THENCE, SOUTH 8°39'47" EAST, 6.75 FEET TO THE EAST LINE OF SAID LOT 6; THENCE, SOUTH 0°29'02" EAST, 14.06' ON SAID EAST LINE; THENCE, NORTH 8°39'47" WEST, 18.93 FEET; THENCE, SOUTH 89°18'19" WEST, 5.30 FEET; THENCE, NORTH 0°29'02" WEST, 6.50 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 47 SQUARE FEET. Page 2 of 2