HomeMy WebLinkAboutLost Island Real Estate - Easement Agrmnt - 12.14.2020Prepared bv Christopher S. Wendland, P.O. Box 596, Waterloo. IA 50704. Phone(319) 234-5701
After recording, return to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, Attn: Tim Andera.
EASEMENT AGREEMENT — Public Warning Siren
This Easement Agreement (the "Agreement") is entered into as of December 8th, 2020 , by
and between Lost Island Real Estate, L.C. ("Grantor"), and the City of Waterloo, Iowa ("Grantee").
1; Grant of Easement. In consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration, 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, beneath
and across the real property depicted and legally described on Exhibit "A" attached hereto and
by this reference made a part hereof (the "Premises"). In support of the Easement, Grantor also
grants to Grantee reasonable rights of ingress and egress to the Premises, which currently has
access from a private drive off of Hess Road.
2. Purpose. Grantee, its officers, employees, contractors, and agents, shall have
reasonable rights of ingress and egress over, across, and upon the Premises for purposes of
constructing, installing, operating, inspecting, repairing, maintaining, replacing, upgrading, and
removing such improvements, infrastructure and other facilities for a public warning siren.
Grantee shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees,
and other vegetation from the Premises as reasonably necessary in support of the Easement
purposes and related activities. if Grantee's Easement activities disturb the soil, upon completion
Grantee shall level the soil and otherwise make reasonable effort to restore the Premises to the
condition it was in before work commenced.
3. 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, assigns and
transferees. 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.
LOST ISLAND REAL ESTATE, L.C. CITY OF WATERLOO, IOWA
By:t. !h¢i
Manager
BY:o �>c
Quentin M. Hart, Mayor
Attest:
Kelley Felchl City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on Oet,,', Zo2o , by f..A.4.4. b -) as
Manager of Lost Island Real Estate, L.C.
STATE OF IOWA
)
) ss.
t Ci/fowl";
Notary Public
JAN Y00000/UT
Commission 1\1oJ32502
January r 20,2023
BLACK HAWK COUNTY )
Acknowledged before me on - 11 t 2-49 24b . by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
2
Index Legend
Location
Description:
Parcel C, SE 1/4,
Section 11, T88N, R13W,
City of Waterloo, Iowa
Requestor:
Sandie Greco, C
Proprietor:
Surveyor:
Surveyor
Company:
Return To:
ty of Waterloo
Lost Island Real Estate, LC
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 291-4312
Exhibit "A"
Plat of Survey
Public Warning Siren Easement
Parcel "C" of the SE 1/4, Sec. 11, T88N, R13W,
City of Waterloo, Black Hawk County, Iowa
Public Warning Siren Easement Description:
An easement for the erection and operation of a public warning siren and for ingress and egress to access and maintain
the siren over that portion of Parcel "C" of the Southeast Quarter (SE 1/4), Section 11, Township 88 North, Range 13 West,
in the City of Waterloo, Black Hawk County, Iowa, and being more particularly described as follows:
Commencing at the Northeast corner of said Southeast Quarter (SE 1/4) of Section 11;
thence South 89° 17' 08" West 224.31 feet along the north line of said Southeast Quarter (SE 1/4) to the northern most
East line of said Parcel "C';
thence South 0° 13' 14" East 52.0 feet along said East line of said Parcel "C" to the Point of Beginning;
thence South 89° 46' 46" West 30.0' normal to said East line;
thence South 0° 13' 14" East 21.0 feet parallel with said East line;
thence North 89° 46' 46" East 20.0' normal to said East line;
thence South 0° 13' 14" East 60.0 feet parallel with said East line;
thence North 89° 46' 46" East 10.0' normal to said East line and to said East line;
thence North 0° 13' 14" West 81.0 feet along said East line to the Point of Beginning, containing 1,230 square feet (0.028
acres).
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North Zone, WAD 83 (2011).
2. All dimensions are in US Survey feet and decimals thereof.
Plat of Survey
Public Warning Siren Easement
Parcel "C" of the SE 1/4, Sec. 11, T88N, R13W,
City of Waterloo, Black Hawk County, Iowa
UNPLATTED
NE 1/4, 11-88-13
215.82'
S89°16'10"Wu
215.82' S 89'16'10" W °`
(215.82' S 89'15'10" W)
Fd. 1/2" Rebar
w/Red ID. Cap
"IOWA 16775"
(Typical unless noted)
line of the SE 1/4, POB
c. 11, T88N. R13W (30.0')
(S 89°46'46" W)
(21.0')
(S 0°13'14" E)
PROPOSED
EASEMENT
PARCEL "C"
SE 1/4, 11-88-13
Doc. No. 2020-22776
z
(20.0')
(N 89°46'46 E)
(60.0')
(S 0°13'14" E)
(10.0')
(N 89°46'46" E)
EAST LINE
PARCEL "C"
y-/
SE CORNER, NE 1/4, NE 1/4
SEC. 11, T88N, R13W
Fd. cut "X" in PCC Pavement
Doc. No. 2013-13208
N
zz
Eri
N N
EAST 1/4 CORNER
(NE CORNER SE 1/4)
SEC. 11, T88N, R13W
Fd. IDOT alum. cap
loose in PCC pavement
Misc Book 333-020
P.00
(224.31')
(S 891 Q8P-W)'i
theSE 114,1
N; 23 W
EX. SIREN
LOCATION
(52.0'):0,
(S Q3'14"' E)
PROPOSED
SIREN LOCATION
(81.0')
(N 0°13'14" W)
EX. GRAVEL
DRIVEWAY
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W
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