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Home My WebLink AboutJARF, LC - Sanitary Sewer Easement Agreement - 1/27/2020 (RECORDED)III I I II II III 11 II 111 II III I II Doc ID 009773450005 Type GEN Recorded 03/04/2020 at 04:20:46 PM Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa SANDIE L. SMITH RECORDER 00015207 prerarej.. y Tim Andera. 715 Mulhenv Street. waterloo. IA 5070'3 Phone (319 1791-436fi Retum to preparer after recording. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of January, 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 WIT ► ESS WHEREOF, the parties have executed this Easement Agreement by their duly au rized r presentatives as of the date first set forth above. CITY' OF WATERLOO, IOWA By: ClAj ACC%14'"' Quentin Hart, Mayor By: ° obert ahr Its: Manager STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Attest: elley F , chle, City Clerk This instrument was acknowledged before me onTinuilrt.. Oq _ , 2020, by Robert Fahr, as Manager of JARF, LC. KAYLENE M. NATVIG Commission N0.702357 My Commission -Zl-2U2i Notaublic 2 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) 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.788229 A7!'S ��419.9jQNtiEVAIES Notary Public 3 INDEX LEGEND General Description: Part of the Southwest 1/4, Section 33—TB9N—R13W, Waterloo Surveyor David L. Schell (,16775) Surveying Company: Wayne Claossen Engineering & Surveying, Inc. 2705 University Avenue (P.O. Bon 898) Waterloo. Iowa 50704 (319)235-6294 Plat Requested By: City of Waterloo Proprietor. JARF, LC. LEGAL DESCRIPTION SANITARY SEWER EASEMENT C E S •Ex4 EASEMENT PLAT Sanitary Sewer Easement ‘‘,144 h SHEET 1 OF 2 M 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 comer of Parcel described in Land Deed Book 570, Page 62 in the Black Hawk County Recorder's Office; thence S01'34'26'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 NOO'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 N01'34'26°W Eleven (11.00) feet; thence N88'17'171 Eighty—three (83.00) feet; thence S01'34'26'E Seventeen (17.00) feet; thence N88'17'17'E Two Hundred Eighty—five and Ninety—one Hundredths (285.91) feet; thence S54'46'56nE 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 Recorder's Office; thence N3510'37'E Forty—five and Fifty—four Hundredths (45.54) feet along said East line to the Northeast corner of sold Tract; thence S88'25'34' N 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 N01'34'26'W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. a��5"" -- i. -- ',;. e. ��®••'•••..:",V_� CERTIFICATION I hereby certify that this land surveying document was prepared and the related eurvey 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 Iow a Q * ~' \ 1 __r*_ LICENSEDL- k: 177' p c 16T/5 Signature* x \ cam. schen,*.E1., ) n�1 IOWA '.• * Date" Jn.i ,1(% 20 7-0 LicenseNo 15775 I.''`%�y frgL Pages or Sheets Covered by this Sea* 2 LactOw:`'\` My license renewol date its December 31, 2020 ON 3113 S30 I ProPmed Son. Promend Sm. Sower 1,_ _r_Samr_Monholo_pon isoo ,Y, ,snss tEmwg aay +L77 ONLD-----r L-I----srtt axT-- Hwn meuro San. boor ` \1 4' (N86'24'51'E_20J0D V - T W x WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 0 120 1 INCH = 120 FEET CORNER 1/4. 1/4. le SG 33 -T®N-RUN .Qi U N. �18-14381 EASEMENT PLAT Sanitary Sewer Easement Part of the Southwest 1/4, Section 33-TB9N-R13W, Waterloo, Black Hawk County, Iowa Proprietor. JARF, LC. Clty of Waterbn Aequm4tioo. LDLD 5 96 -608 LAND D® 565-703 PROPRIETOR O'NEAL METALS, INC. SHEET 2 OF 2 ` Existing Son. Siva 14— .34'q (40. (M.00•)y ttig Son. Sonce Etna. 7 No. a 20-0 CIO, of Dewlap AomIntlIkm ID 570-082 I C E S LAND DEED 5 JARF. PROPRIETOR JARF. LC. 5 00Y1 • aNacoo ao'E 25' r SW CORNER ovumSEC.-LEAD/1PLUS) 1 Boa 322--800 RIDGEWAY AVENUE (RIGHT-OF-WAY VARIES) ON 3l1d S30 r