HomeMy WebLinkAboutNorth Star Community Service, Inc. - Easement Agreement - 3/15/2021 Prepared by 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
This Easement Agreement (the "Agreement") is entered into as of 1 S,
2021,by and between North Star Community Services,Inc. ("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 in the amount of31S 9.20, 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 a 7-foot by 40-foot strip of land seven (the "Easement Area"),
as depicted and legally described on Exhibit"A" attached hereto and by this reference made a
part hereof(the"Premises").
2. Purpose. The Easement is intended primarily for purposes of a storm sewer and
surface drainage of storm water, and Grantee, its officers, employees, contractors, and agents,
shall have reasonable rights of ingress and egress over,across,and upon the Premises for purposes
of inspecting, constructing, installing,operating, repairing, maintaining,replacing, and upgrading
the Easement Area and such pipes, conduits, infrastructure and other facilities as Grantee deems
necessary to accomplish the purposes of the Easement. Grantee shall have the right, but not the
obligation, to trim and/or remove grasses, bushes, trees, and other vegetation from the Easement
Area 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 rum 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.
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IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
NORTH STAR COMMUNITY CITY OF WATERLOO, IOWA
SERVICES, INC.
By: )a-� Sc By:
Quentin M. Hart, Mayo
Title:
Attest: _
Kelley Felchl , City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY ) ,p
Acknowledged before me on Fe,�,. 19 , 2D 2 1 ,2021,by y Q"� ScI1 wCi.q,21/
as eZW C'U' GL- 01 h1 of North Star Community Services, Inc.
��rnis� BRIDGET M HARTMANN Notary Pubfic
Z�Z ,..-inisson Number 734082
My�anmissn Ex r185
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on I r tQ,'(� , 2021, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary blic
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EXHIBIT"A"
Legal Description of Easement Area
That part of Tract"A"per plat of Survey dated 08/24/1984 and recorded in Misc. Book 257 Page
787 in the Office of the Black Hawk County Recorder,all lying in the Southwest Quarter(SW
1/4) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth Principal
Meridian, Waterloo, Black County Iowa, described as follows:
The North 7.0 feet of the West 40.0 feet of said Tract"A".
Containing 280 sq. ft.
Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4' West
for this description.