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Home My WebLink AboutJARF, LC - Sanitary Sewer Easement Agreement - 1/27/2020Prepared by Tim Andera. 715 Mulbenv Stmt. Waterloo !A 50703. Phone j1l�l291-4366 Retum to preparer after recording. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of January1_1, 2020, by and between the JARF, LC, an Iowa limited liability company ("Grantor") and the City of Waterloo, Iowa ("Grantee"). I. 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 S25.000.00, 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 to construct, maintain, repair and operate certain sanitary sewer improvements. Grantee intends to construct a new sanitary sewer line north of Premises (labeled as Proposed Sanitary on Exhibit "A") and hook it into the existing sanitary sewer line located on Premises (labeled as Ex Sanitary on Exhibit "A"). It is the intention of the parties that Grantee shall assume all responsibility for the construction, maintenance and operation of improvements made to the Premises, including the existing sanitary sewer line, and that Grantor shall have no liability relating to the Easement. 3. Gran tor Duties, Grantor shall deliver possession of the Premises to Grantee, "as is, where is", without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. Following transfer of possession of the Premises, Grantor shall have no further duty or obligation with respect to the 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. The foregoing privilege of Grantor shall not constitute a covenant that prohibits Grantee from mowing, burning, or otherwise damaging grasses or vegetation upon the Premises. 4. Grantee Duties. When the Grantee constructs, maintains, or operates the sanitary sewer on the Premises, it will take reasonable steps to restore the Premises to its condition prior to the construction, maintenance, or operation. Grantee will not disturb Grantor's use of the Premises, enter on the Premises, or make any repairs without first providing Grantor written notice, unless a situation exists where there is an imminent threat of injury to persons or property without action by the Grantee and Grantee will give notice to Grantor of the action taken. Grantee will act in a manner that causes the least possible disturbance to the Premises. To the extent permitted by applicable law, Grantee agrees to defend, protect, indemnify, and hold harmless Grantor 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, maintenance or operation of the sanitary sewer. 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 autho ' ed r presentatives as of the date first set forth above. By: Robert Fahr Its: Manager STATE OF IOWA ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA By: — at-A—PLY1754� �!y_ �— — Quentin Hart, Mayor Attest: Kelley Fe,% le, City Clerk This instrument was acknowledged before me on anUQYI� Dq , 2020, by Robert Fahr, as Manager of JARF, LC. J KAYLENE P.i. NATVIG Commission No.702357 My Commission Expires 2 f 1OW Ail .M 3M1JY43 TZESCT.o4.1 floisnimmo3 60114x3 orQutiertene..) ytA * STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) 1 This instrument was acknowledged before me on /� ( , 2020, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY HIGBY COMMISSION NO.738229 MY COMMISONZBES 'a Notary ' ublic 3 li E;(44itit 19 INDEX LEGEND General Description: Part of the Southwest 1/4, Section 33—T89N—R13W, Waterloo Surveyor, David L Schell (#16775) Surveying Compony: Wayne Claassen Engineering k Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 Plat Requested By: City of Waterloo Proprietor. WARF, LC. cc U C E S EASEMENT PLAT Sanitary Sewer Easement SHEET 1 OF 2 LEGAL DESCRIPTION SANITARY SEWER EASEMENT An Easement for Sanitary Sewer purposes over, under and across that part of the Southwest Quarter (SW 1/4) of Section Thirty—three (33), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Northeast corner of Parcel described in Land Deed Book 570, Page 62 in the Black Howk County Recorder's Office; thence SO1'34'26"E Fourteen and Eight Hundredths (14.08) feet along the East line of said Parcel; thence N88'24'51`E Twenty—nine and Thirty Hundredths (29.30) feet; thence N89'50'41"E Two Hundred Sixty—nine and Forty—three Hundredths (269.43) feet; thence N00'37'47"E Three and Forty—six Hundredths (3.46) feet; thence N88'17'17"E One Hundred Fifty and Thirty—nine Hundredths (150.39) feet; thence NO1'34'26"W Eleven (11.00) feet; thence N88'17'17"E Eighty—three (83.00) feet; thence 501'34'26`E Seventeen (17.00) feet; thence N88'17'17`E Two Hundred Eighty—five and Ninety—one Hundredths (285.91) feet; thence S54'46'56"E Twenty—two and Forty—eight Hundredths (22.48) feet to the East line of Tract described in Land Deed Book 568, Page 786 in aforesaid Recorders Office; thence N35'10'37"E Forty—five and Fifty—four Hundredths (45.54) feet along said East line to the Northeast comer of said Tract; thence S88'25'34`W Eight Hundred Sixty—three and Thirty—two Hundredths (863.32) feet along said North line to the point of beginning containing 15,960 square feet. NOTES: 1. The basis of bearings for this Plat of Survey is the West line of the SW 1/4 assigned a bearing of NO1'34'26"W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. sOPJ\o::* by *; LICENSED' - : 16775 ' cc "." IOWA nL CERTIFICATION I hereby certify that this land 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 State of Iowa. Signature \ y_ Scha0.? Date- JAh.) Ira 20 7-0 Pages or Sheets Covered by this Soak 2 My license renewal dote le December 31, 2020 License Ma 16775 ON3lldS3O \\ A re ‘3:11.! 44C 4• WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 120 1 INCH — 120 FEET 1, 1/4. SW 1/4. Fe SEC. uTSBN-elsw 0(FOUND W 0 DDNo. 2D�14361 i Y / C E S C1ty of Waterbe 15.00' Right -of -Way Aoquretition ID 569-606 4 ooze) -SnrPYaMo4• I EASEMENT PLAT PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 Sanitary Sewer Easement Part of the Southwest 1/4, Section 33—T89N—R13W, Waterloo, Black Hawk County, Iowa Proprietor. JARF, LC. Proposed t Son. So LAND DEED 565-793 PROPRIETOR: O'NEAL METALS. INC. SHEET 2 OF-2.\\ EWGp Sal. Sower Manhole r Foisting Son Saw Eon. co o l� Ne. 202 -08655 09 — %�L- gr- ^or lbnbolsD1S1717E-DSCID)�,rrlt ... ."� 1f.007T——(CE3p3f— —1JEBug. i T Tz7----T \, J0e574'51t-29DRNEWAv-CONCRETE o8 Warp Sam Sow0.0 ,\, Pof n= M' a1 wabrba --15AO' milA-o-Way Avpub 6 n LO S70-062 S9090'00'6 s15AU' L» H LAND D® 568-766 PROPREEOR1 : JARF, LC. a� ao'ne"E SW CORNER SEC. 33-109N-R1SW MSC. BOOK 33LEAD 2-me RIDGEWAY AVENUE (RIGHT-OF-WAY VARIES) �04 ON 3ltd S30 r 1