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HomeMy WebLinkAboutAllen and Angie Alcorn - Permanent Easement Agmnt - 8/24/2020 Prepared by Christopher S.Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(3 19)234-5701 Return to preparer after recording. PERMANENT EASEMENT AGREEMENT 11 This Easement Agreement (the "Agreement") is entered into as of A�kq - 2020, by and between the Allen Alcorn and Angie Alcorn, husband and wife ("Grantor") and the City of Waterloo,Iowa("Grantee"). 1. 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 $21,150.00,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. Said Easement is 1.41 acres. 2. Purpose. The Premises is intended for use by Grantee to construct, maintain, repair, operate, inspect, remove and replace certain drainage way improvements (the "Project") as set forth in project plans on Exhibit"B",to connect watersheds in the vicinity of Logan Avenue and north of Donald Street with the natural watercourse of Virden Creek. Grantor understands and agrees that the Premises, following completion of Grantee's improvements, will be a watercourse that from time to time may carry a substantial volume of surface water flow. 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, and that Grantor shall have no liability relating to the Easement. Grantee will comply with all applicable law,rules or regulations pertaining to the Project and maintain all applicable records related to the Project. 3. Temporary Construction Easement. In support of the Project improvements to be constructed on the Premises, Grantor further grants to Grantee a temporary construction easement over and upon a strip of land fifty (50) feet in width that is parallel to and abuts the Premises on the Southerly side. The temporary easement will automatically terminate without further action by either party thirty (30) days after completion of the Project. The temporary easement area is 1.15 acres and compensation for the temporary construction easement is in the amount of$1,725.00, a value of ten percent of the full $15,000.00 offered price per acre based on the size of the temporary easement. 4. Actions for Benefit of Grantor. Grantee will undertake the following actions for the benefit of Grantor in connection with the Project: a. Relocation of Fill. Fill excavated on the Premises that is not used for the Project shall remain on the Grantor's premises, to be dumped and leveled upon a location on Grantor's land that is mutually agreed upon between the Grantor and contractor. Any relocated fill shall not be placed in the Zone AE, 100-Year Floodplain. b. Vehicle Crossing. Grantee will install a single 40' wide crossing on a 6:1 slope, similar to what other property owners have requested in connection with this Project. This crossing is intended to provide adequate width for farming equipment to traverse the drainage way. The Grantee will work with the Grantor to determine a mutually agreeable location for placement of hard-surfaced concrete crossing. C. Riprap. Grantee shall place riprap on the creek bank opposite the side where the waterway intersects with Virden Creek. Concrete will be extended from Station 135+90 to 136+50::L. Riprap will be placed from Station 136+50 to the creek. d. Deep Ripping. Grantee or its hired contractor shall be responsible for"deep ripping"the temporary construction easement area that is disturbed by construction. e. Easement Pa ents. Grantee will pay to Grantor the sums stated in Section 1 and Section 3 for the permanent easement and the temporary construction easement,respectively, within 14 days after the Waterloo City Council approves this Agreement following Grantor's delivery of three(3)original signature copies to Grantee's Planning and Development Department, properly notarized. f. Legal Fees. Grantee will reimburse Grantor for up to $500.00 of documented legal expenses incurred by Grantor in connection with this Agreement and other matters relating to the City's attempts to acquire land from Grantor for the Project. 5. Grantor Privileges. Grantor may exercise the privileges described below, subject to any terms or conditions stated: a. Mowing and Baling. Grantor may mow the slopes of the drainage way and bale hay,provided that no damage is caused to the drainage way. Grantor shall promptly report to Grantee any damage caused or otherwise observed. Grantor may not conduct other activities upon the Premises without the prior written consent of Grantee. Any bales made shall be removed from the Premises promptly so as not to interfere with the purpose for which the Easement was granted. 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, without liability to Grantor, to serve the intended purpose of the Easement. 2 b. Tiling. Grantor is permitted to discharge drain tile outlets into the drainage way after submitting plans to the Grantee on the type, size and location of proposed outlets, which plans need to be approved by the Grantee in advance. At its discretion Grantee may plug, destroy or take other appropriate action, without liability to Grantor, with respect to any drain tile outlets that have not been previously approved for discharge upon the Premises. Grantor or its contractors shall obtain an excavation permit through the City of Waterloo Engineering Department before commencing work within the Premises. 6. Tree Removal. Grantee will remove all trees within the Premises and temporary easement area from the edge of the farm field to Virden Creek, at Grantee's own expense. 7. Use of Premises; Crop Damages. After the grant of this Easement to Grantee, Grantor may continue to use the Premises for farming and cultivation purposes in a manner that is consistent with the usage prior to the granting of the Easement. Grantor may continue such usage until Grantor receives a written notice from Grantee, prior to planting, that Project activities will be proceeding to the extent that some or all future farming and cultivation in and upon the Premises should cease. If any crop has been planted before Grantor receives a notice to cease farming, Grantor shall have an opportunity to remove the crop, if harvestable, or will be paid crop damages by the Grantee. Crop damages after a July 1 notice date will be the sum of(a)Grantor's reasonable documented input costs and (b) the product of$100.00 multiplied by the number of tillable acres affected. Crop damages on or before a July 1 notice date will be to reimburse Grantor for its reasonable documented input costs. Crop damages will be paid within 30 days after reasonable proof of Grantor's input costs is provided to the Grantee. 8. Transfer of Possession. 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 and Grantor shall have no duty to prepare the Premises in any way for Grantee's use. Subject to the continuing activities of Grantor that are authorized by this Agreement, transfer of possession shall be deemed to occur on the date this Agreement is approved by the Waterloo City Council. Grantee shall record this Agreement in the county land records following approval. 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. 9. 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. [signatures on next page] 3 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 By: l ►15�� L1 Allen Alcorn Quentin Hart, Mayor dIII,44� Attest: Angie Aldgm kelley Fel c e, ity Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on, UM.Ag 2020, byyand 'e Alcorn, husband and wife. — AL 6- TIM ANDERA 0 � COMMISSION NO.772518 * # MY COA RILS1O202,1PIRES ADVO, otary Pu llc STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Auokks 2020, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respecti ely, of the City of Waterloo, Iowa. Notary Ifublico *w ° I�IANO'1 fl�L7 L7 7 COMMISSION N0.7g8229 * ` MY CSM SSION EXPIRES " -2` 2- 4 EXHIBIT "A" Permanent Easement Legal Description A part of the West 15 acres of the S''/z of the NW'/4 of the SE'/4 of Section 12, Township 89 North, Range 13 West of the 5t"P.M., Black Hawk County, Iowa, being more particularly described as follows: Commencing at the Sl/4 corner of said Section 12; thence N 00°53'50" W along the West line of the SE'/4 of said Section 12, 1835.74 feet to the point of beginning; thence N 00°53'50" W continuing along said West line, 99.69 feet;thence S 65°38'15"E, 96.54 feet; thence S 89053'58"E, 910.27 feet to a point on the East line of the West 15 acres of the S'/z of the NW'/4 of the SE'/4 of said Section;thence S 00°52'33" E along said East line, 60.01 feet; thence N 89053'58" W, 997.57 feet to the point of beginning.