HomeMy WebLinkAboutAscension Lutheran Church - Easement Agreement - 1.19.2021 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,Atte:Tim Andera.
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of 'l aD (
2021, by and between Ascension Lutheran Church of Waterloo, Iowa("Grantor"), and e City of
Waterloo,Iowa("Grantee").
1. Grant of Easements. In consideration of Grantee's payment of$17,674.80, 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, four (4) permanent easements (the
"Easements") in, to, upon, over, beneath and across the areas identified below (the "Easement
Area"), as visually depicted and legally described on Exhibit "A" attached hereto and by this
reference incorporated herein depicted and legally described on Exhibit "A" and Exhibit "B"
attached hereto and by this reference made a part hereof:
A. Storm sewer easement of 1,415 square feet as depicted and described on
Exhibit"A."
B. Drainage easement #1 of 6,955 square feet as depicted and described on
Exhibit"A."
C. Sewer easement #1 of 3,600 square feet as depicted and described on
Exhibit`B."
D. Sewer easement #2 of 5,025 square feet as depicted and described on
Exhibit `B."
2. Purposes. The Easements described in paragraphs LA and 1.13 are intended
primarily for purposes of storm sewer and related surface drainage of storm water, and the
Easements described in paragraphs 1.0 and 1.D are intended primarily for purposes of sanitary
sewer (the "Easement Purposes"). Grantee, its officers, employees, contractors, and agents,
shall have reasonable rights of ingress and egress over, across, and upon the Easement Area for
purposes of inspecting, maintaining, and upgrading the Easement Area and inspecting,
constructing, installing, operating, maintaining, repairing, and upgrading the ground surface and
such pipes, conduits,infrastructure, and other facilities as Grantee deems necessary to accomplish
the Easement Purposes. 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 substantially 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. Words and phrases shall be construed as in the singular or plural number, and as
masculine, feminine or neuter gender according to the definitions and the context. This Agreement
may not be modified except by the mutual written agreement of both parties. This Agreement may
be executed in multiple counterparts, each of which, including signed counterparts transmitted by
facsimile or other electronic means, shall be deemed an original, and all of which together shall
constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
GRANTOR GRANTEE
Ascension Lutheran Church of City of Waterloo,Iowa
Waterloo, Iowa
By: By:
Dean Boyce,President Quentin M. Hart, Mayor
By: Attest:
Janice Moore, Secretary Kelley Fel e, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on - j�{_�� I , 2021,by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
�
IN A YOUNG ` rn i A �� " C'
2 C�OMMI$SiON N0.8DBgOq Notary Publiej
2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 2021, by Dean Boyce and Janice
Moore as President and Secretary, respectively, of Ascension Lutheran Church of Waterloo,
Iowa.
Notary Public
3
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
This Temporary Construction Easement Agreement(the"Agreement") is entered into as
of April , 2021, by and between Ascension Lutheran Church of Waterloo, Iowa
("Grantor"), and the City of Waterloo, Iowa, an Iowa municipal corporation("Grantee").
WHEREAS, Grantee desires to obtain a temporary easement from Grantor for the
purpose of constructing storm sewer and storm water drainage improvements upon property of
Grantee and abutting property of Grantor(the "Easement Purpose"); and
WHEREAS, Grantor has agreed to grant a temporary construction easement to Grantee
upon approximately 5,455 sq. ft. of Grantor's property in the area visually depicted and legally
described on Exhibit"A" attached hereto and by this reference incorporated herein(the
"Easement Area"); and
WHEREAS, Grantor desires to grant a temporary easement over the Easement Area as
set forth herein.
NOW, THEREFORE, in consideration of$567.32 to be paid by Grantee to Grantor
promptly following the full execution of this Agreement,the work to be done by Grantee upon
the Easement Area, and for other good and valuable consideration, the sufficiency of which are
hereby acknowledged,the parties agree as follows:
1. Subject to the terms set forth in this Agreement, Grantor hereby grants to
Grantee, its employees, contractors and agents, a temporary construction easement over and
upon the Easement Area for the Easement Purpose. This easement shall automatically
terminate on completion of the Easement Purpose and the restoration of Grantor's property to
substantially its condition prior to the commencement of construction.
2. Grantor shall not interfere with or disturb Grantee's construction in furtherance
of the Easement Purpose within the Easement Area without advance written approval of
Grantee or its authorized representatives.
3. Except as may be caused by the negligent or intentional acts or omissions of
Grantor, its employees, agents or its representatives, Grantor shall not be liable for any injury or
damage to any person or property resulting from Grantee's exercise of the rights granted herein.
To the extent permitted by law, Grantee agrees to indemnify and hold Grantor, its employees,
agents and representatives,harmless against any loss, damage, injury or any claim or lawsuit for
loss, damage or injury arising out of or resulting from the negligent or intentional acts or
omissions of Grantee or its employees, contractors or agents.
4. Following completion of Grantee's work in the Easement Area, Grantee shall
restore the Easement Area substantially to its condition prior to the commencement of
construction work.
5. This Agreement shall not be recorded.
6. The recitals are incorporated herein by this reference. Words and phrases shall
be construed as in the singular or plural number, and as masculine, feminine or neuter gender
according to the definitions and the context. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
7. This Agreement may be executed in multiple counterparts, each of which,
including signed counterparts transmitted by facsimile or other electronic means, shall be
deemed an original, and all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF,the parties have executed this Temporary Construction
Easement Agreement by their duly authorized representatives on the date first set forth above.
GRANTOR GRANTEE
Ascension Lutheran Church of City of Waterloo,Iowa
Waterloo, Iowa
By: By: Q%t'� �--
Dean Boyce, President Quentin Hart, Mayor
By: Attest: 9
Janice Moore, Secretary tel-leyFe e, City Clerk
2
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INDEX LEGEND a
General Description: Sec.21-T89N-R13W,SW 1/4
Surveyor: Kyle J.Helland �{
Surveying Company/ Helland Engineering&Surveying,Ltd.
Return To: 6109 Chancellor Drive 0
Cedar Falls,Iowa 50613-6916 0
(319)-266-0161 2
Survey Requested By: Mark Werner P.E.1Stanely Consultants z
Proprietor: Ascension Lutheran Church/
North Star Community Services Inc.
FOUND NO.4 REBAR
wIYPC#7811
(/; PROPOSED PROPOSED
STORM SEWER CONSTRUCTION
w EASEMENT 4EN
TRACT'A"
o EASEMENT 5,455 SQ. FT. H.RAYHUGHES
Z D 1,415 SQ. FT.
o ; ADDITION
DUE EAST
.` ----- 147.25' DUE SOUTH 30.15'
N 00°56%'WS 00°59'E 20.0'
ul�CP 41.5' 48.6'
669 -- - ---
g �5 P.O.B. '' 00°563/'W 20.0' 347.8' --
6� CONSTRUCTION e ' '
�� 6O EASEMENT S 89 02 W 374.95 ---'
P.O.C.CONSTRUCTION EASEMENT
P.O.C.STORM SEWER EASEMENT P-0-B.
"- 90.1' DRAINAGE EASEMENT#1
DUE WEST FOUND NO.4 REBAR
i
w1YPC#8505
t
P.O.B.
SEORM SEWER
FOUND
NO.
T4 REBAR
r� TRACT'A"
PLAT OF SURVEY
257MISC. 787
DATED 08/24/1984
co LOCATION MAP
0
Z (ASSUMED BEARING)
COACHMAN DR.
"EASEMENT PLATS"
SW 114 y
o SEC. 21-T89N-R13W Bio G
WATERLOO
UNIVERSITYAVE.
N
W
FOUND NO.4 REBAR
FLOWER ST. PCO
AGF
GREENHILL RD.
FOUND 1"0 IRON PIPE
i wNPC#3862 TRACT"B"
PLAT OF SURVEY257 MISC.787
DATED 08/24/1984
PLAT OFSURVEYFILE2014.21673
` DATED 06/0612014
(BEARINGS ARE ASSUMED)
THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 40' 80 160'
HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG wLORANGE PLASTIC CAP#23212
6109 Chancellor Drive (00)RECORDEDAS FILENAME: 19-141-C.DWG
Cedar Falls,Iowa 60613-6916 SHEET 1 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW)�WN BY:CDR
(319)-268-0161
I hereby certify that this land surveying document was prepared EASEMENT PLAT
PU
L,4 NC�DS and the related survey work was performed by me or under my
�O a °°__ ° u direct personal supervision and that I am a duly licensed OF
o G Professi al Land surve or under the laws of the State of Iowa.
Lu KYLE J. °ems PART OF SW 114
o HELLAND o m KVyIeJ 'ems SEC. 21-T89N-R13W
o °• °23212°=°�Oc LlcenseNumber23212 WATERLOO, BLACK HAWK COUNTY, IOWA
My license renewal date is December 31,2021. FOR
IOW N All pages or sheets are covered by this seal except:
CITY OF WATERLOO
PROPOSED DRAINAGE EASEMENT#1 (Ascension Lutheran Church)
That part of the Southwest Quarter(SW 114) of Section No. 21, Township No. 89 North, Range No. 13 West of the Fifth
Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows:
Beginning at the Southwest corner of Tract"A" in H. Ray Hughes Addition dated 12/0911968 recorded in the Black
Hawk County Recorder, point being a set 1/2" rebar with license#23212;
thence along the North line 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 also being a Southerly line of Ascension Church, South 89002'
West a distance of 347.8 feet to a set 1/2" rebar with license 423212;
thence North 00056% West a distance of 20.0 feet;
thence North 89002' East a distance of 347.8 feet to the West line of said Tract"A" in H. Ray Hughes Addition;
thence along said West line South 00059' East a distance of 20.0 feet to the point of beginning.
Containing 6,955 sq.ft.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/'West for this description.
PROPOSED CONSTRUCTION EASEMENT (Ascension Lutheran Church)
That part of 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 Hawk County, Iowa, described as follows:
Beginning at the Southwest corner of Tract"A" in H.Ray Hughes Addition dated 1210911968 recorded in the Black
Hawk County Recorder, point being a set 1/2" rebar with license#23212;
thence North 00059'West a distance of 20.0 feet;
thence South 89002' West a distance of 347.8 feet;
thence North 00°563/'West a distance of 15.2 feet to a set 1/2" rebar with license#23212;
thence Due West a distance of 48.6 feet to the point of beginning;
thence Due West a distance of 41.5 feet to a set 1/2" rebar with license#23212;
thence South 60°413/4 West a distance of 66.9 feet;
thence North 36°58'/2 West a distance of 78.75 feet;
thence Due East a distance of 147.25 feet;
thence Due South a distance of 30.15 feet to the point of beginning.
Containing 5,455 sq.ft.
Subject to restrictions, easements, Covenants, ordinances, and limited access provisions of record and not of record.
Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4 West for this description.
PROPOSED STORM SEWER EASEMENT (Ascension Lutheran Church)
That part of 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 Hawk, County Iowa, described as follows:
Beginning at the Southwest corner of Tract"A" in H.Ray Hughes Addition dated 12/09/1968 recorded in the Black
Hawk County Recorder, point being a set 1/2" rebar with license#23212;
thence North 00059' West a distance of 20.0 feet;
thence South 89002' West a distance of 347.8 feet:
thence North 00°563/'West a distance of 15.2 feet to a set 1/2" rebar with license#23212;
thence Due West a distance of 90.1 feet to a set 1/2" rebar with license#23212;
thence South 60°413/4 West a distance of 66.9 feet to the point of beginning;
thence South 600413/'West a distance of 36.25;
thence North 11 003'West a distance of 82,15 feet;
thence South 36°58'/2 East a distance of 78.75 feet to the point of beginning.
Containing 1,415 sq.ft.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The West line of said Misc. Book 257 Page 787 is assumed to bear North 00°38'/4 West for this description.
HELLANDENGINEERING &SURVEYING LTD. • SET NO.4REBARx24"LONG w/ORANGE PLASTIC CAP#23212
6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19-141-C.DWG
(319)Cedar266-0161Na 50613-6916 SHE19-141 ET 2 OF 2 OPCP ASTIC CAP(O=ORANGE,SCALE: N/A PRO/R==RED,Y=YELLOW)RAWN BY:CDR
EASEMENT PLATS
OF
PART OF SW 1/4
SEC. 21-T89N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
CITY OF WATERLOO
Cn
1
INDEX LEGEND o
General Description: Sec.21-T89N-R1 3W,SW 114
Surveyor: Kyle J.Helland V,
Surveying Company) Helland Engineering&Surveying,Ltd.
Return To: 6109 Chancellor Drive 0
Cedar Falls,Iowa 50613-6916
(319)-266-0161 0
Survey Requested By: Mark Werner, P.E.Stanley Consultants/City of Waterloo
Proprietor. Ascension Lutheran Church
C
a LOT1
LU o "PAUL'S REPLAT OF A
PART OF LAWLESS
o ADDITION" Lor 16
LOT 12 EASEMENT#1 WATERLOO
- -N 89006W E 199.9'----
EASEMENT#1
--60.0'—_' 139.9' -- P.O.C.
! `! (139,96) \
Lu r FOUND NO,4 REBAR W
— _ _ _ _ _ — — _�o °n'o SOUTH LINE OF TRACT"A" �r°n' UPTONAVE.
0 0 - - -° o - - - - - - - - - - - o°
oca (="occo (60 R.O.W.)
ZI\ Uri I\ <n
60.0' 139.9' \
PROPOSED `-----S 89°06'/4'W 199.9'- ---'y
i P.O.B.
SEWER 1 EASEMENT#2
EASEMENT#1 15.0'
"H. RAY HUGHES
3,600 SQ.FT. ADDITION"
M WATERLOO
PROPOSED TRACT"o"
SEWER
"UNPLA7TED" EASEMENT#2
SW 1/4 5,025 SQ. FT, b
SEC. 21-T89N-R 13W M
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MAYNARD AVE. zn
Lo
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UPTON A E.
SEWER
EASEMENTS coA a
DR.
COACHMAN DR.
(60'R.0.W.)
TRACT B"
i
I
1 I
\ I
TRACT"A"
S 89°06'/a W 15.0'
(BEARINGS ARE ASSUMED)
THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 30' 60' 120'
HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 240 LONG w/ORANGE PLASTIC CAP#23212
6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19-141-B.DWG
Cedar Falls,Iowa 50613-6916 SHEET 1 OF 2 OPCPLASTIC CAP(0--ORANGE,R==RED,Y=YELLOW)ECT#19-141 �WN BY:CDR
(319)-266-0161
I hereby certify that this land surveying document was prepared
�Pt LANA and the related survey work was performed by me or under my PROPOSED SEWER EASEMENTS
�o o °° s direct personal supervision and that I am a duly Ilcensed OF PART OF TRACT"A"
G e G Professi nal Land Surveyor under the I s of the state of Iowa. $i PART OF SW 1I4
w KYLE J. _ / � / ��
LLo HELLAND e m KyyIeJ. a Ennd--k L SEC. 21-T89N-R13W
23212 °°SOT License Number 23212 WATERLOO, BLACK HAWK COUNTY, IOWA
My license renewal date is December 31,2021. FOR
10W P Ail pages or sheets are covered by this seal except:
ASCENSION LUTHERAN CHURCH
THIS PLAT REPRESENTS A SURVEY OF PROPOSED SEWER EASEMENT#1
That part Tract "A" Paul's Replat of a Part of Lawless Addition dated 12/10/1968 and part of 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 Hawk
County Iowa, described as follows:
Commencing at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the
Northeast corner of said Tract"A", point being a found 1/2" rebar;
thence along the South line of said Lot 1 South 89°06% West a distance of 139.9 feet to the Southwest corner of
said Lot 1, point being a found 1/2" rebar, also being the point of beginning;
thence South 00°59 East a distance of 60.0 feet to a set%"rebar with license#23212;
thence South 89°063/4 West a distance of 60.0 feet;
thence North 00059' West a distance of 60.0 feet to the Southeast corner of Lot 12 in Paul's Replat of a Part of
Lawless Addition;
thence North 89006%' East a distance of 60.0 feet to the point of beginning..
Containing 3,600 sq. ft.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The South line of said Lot 1 is assumed to bear North 89°06'/4 East for this description.
THIS PLAT REPRESENTS A SURVEY OF PROPOSED SEWER EASEMENT#2
That part of 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 Hawk County Iowa, described as follows:
Commencing at the Southeast corner of Lot 1 in Paul's Replat of a Part of Lawless Addition also being the
Northeast corner of said Tract"A", point being a found 1/2" rebar;
thence South 00°59' East a distance of 60.0 feet to the Northwest corner of Tract"D"of H. Ray Hughes Addition
dated 12/09/1968 recorded in the Office of the Black Hawk County Recorder, point being a set%"rebar with license
#23212;
thence along the West line of said H. Ray Hughes Addition South 00059' East a distance of 335.0 feet;
thence South 89°063/'West a distance of 15.0 feet;
thence North 00°59'West a distance of 335.0 feet;
thence North 89006%' East a distance of 15.0 feet to the point of beginning.
Containing 5,025 sq,ft.
Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record and not of record.
Note: The South line of said Lot 1 is assumed to bear North 89°063/4 East for this description.
jWrol HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4REBARX24"LONG w/ORANGE PLASTIC CAP#23212
6109 Chancellor Drive (00JRECORDED AS FILE NAME: 19-141-B.DWG
Cedar Falls,Iowa 50613-6916 SCALE` NIA PROJECT#19-141 DRAWN BY:CDR
(319)-266-0161 SHEET 2 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW)
PROPOSED SEWER EASEMENTS
OF PART OF TRACT"A"
& PART OF SW 1/4
SEC. 21-T89N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
FOR
ASCENSION LUTHERAN CHURCH