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Home My WebLink AboutAscension 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,Attn:Tim Andera. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of �O 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 91 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 I ,2021, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa. CINDY A Y®UNG --C`nCl A II A YU C^ COMM$SION NO.Boggoq Notary Publiej * * 'bwA MY C M RES L, 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: �� • Dean Boyce, President Quentin Hart, Mayor By: Attest: Janice Moore, Secretary 'KeWlleyFlele, City Clerk 2 as Cn I L . INDEX LEGEND E General Description: Sec.21-T89N-R13W,SW 114 � �i All Surveyor. Kyle J, Helland � Q t� Surveying Company/ Helland Engineering&Surveying,Ltd. eh Return To: 6109 Chancellor Drive 0 Cedar Falls,Iowa 50613-6916 0 (319)-266-0161 � Survey Requested By: Mark Werner P.E./Stanely Consultants Proprietor: Ascension Lutheran Church/ rr North Star Community Services Inc. FOUND N0,4 REBAR w/YPC#7811 PROPOSED PROPOSED STORM SEWER CONSTRUCTION w EASEMENT PROPOSED rRAcr'A" yo EASEMENT 5,455 SQ. FT. DRAINAGE H.RAYHUGHES 1,415 SQ. FT. EASEMENT#1 ADDITION 6,955 SQ.FT. �\ -- DUE 1 �25' - DUE SOUTH 30.15' Z. JS 00°59'E 20.0' 'w i �L N 00°563/x'W 15.2' �'�,�s 41.5' 48.6' EP N 89°02' E 347.8' --- �16 3�5 a� P.O.B. 00056%'W 20.0' 347.8' ---- \ COENASSEMENTON S 89002'W 374.95' - s P.O.C.CONSTRUCTION EASEMENT ` P.O.C.STORM SEWER EASEMENT P-03- 90.11 DRAINAGE EASEMENT#1 DUE WEST FOUND NO.4 REBAR i wIYPC#8505 i P.O.B. ST�I�M SEWER A EMENT FOUND NO.4 REBAR TRACT'A" v PLAT OF SURVEY 257 MISC. 787 DATED 08/24/1984 o° LOCATION MAP Z (ASSUMED BEARING) COACHMAN DR. "EASEMENT PLATS" a SW 1/4 o SEC. 21-T891V-R13W n' WATERLOO UNIVERSRYAVE. N C+? FOUND NO.4 REBAR FLOWER ST. p�O AGF GREENHILL RD. FOUND 1"0IRON PIPE wIYPC#3862 TRACT"e" PLAT OF SURVEY257 MISC.787 DATED 08/2411984 PLAT OF SURVEY FILE 2014-21673 DATED 06/06/2014 (BEARINGS ARE ASSUMED) THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 0' 40' 80' 160' iffrip HELLAND ENGINEERING &SURVEYINqLTD. • SETNO.4 REBARX24-LONGw/ORANGE PLASTIC CAP#232126109 Chancellor Drive 0)RECORDEDAS FILENAME: 19-141-C.DWGCedar Falls,Iowa 50613-6916 SHEET PCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW)ECT#19-141 �WN BY:CDR(319)-266-0161I hereby certify that this land surveying document was prepEASEMENT PLATLANand the related survey work was performed by me or unde �O a J direct personal supervision and that I am a duly licensed OF c G Professi al Land Survey or under the laws of the State of Iowa. u, a KYLE J. a ?' PART OF SW 114 e_ HELLAND o m + �fLc� 23212 : SEC. 21 T89N-R13W C) K e J a Number WATERLOO, BLACK HAWK COUNTY, IOWA � `° _ �O LicenseNumber23212 M license renewal date is December 31,2021. FOR °LOW 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 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 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#23212; thence North 00056% West a distance of 20.0 feet; thence North 89°02' 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'/4 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 12/09/1968 recorded in the Black Hawk County Recorder, point being a set 1/2" rebar with license#23212; thence North 00°59'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 60041%'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 000381/4 West for this description. PROPOSED STORM SEWER EASEMENT (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 12/09/1968 recorded in the Black Hawk County Recorder, point being a set Y2" rebar with license#23212; thence North 00°59' West a distance of 20.0 feet; thence South 89002'West a distance of 347.8 feet: thence North 000563/'West a distance of 15.2 feet to a set V rebar with license#23212; thence Due West a distance of 90.1 feet to a set 1/2"rebar with license#23212; thence South 60041% West a distance of 66.9 feet to the point of beginning; thence South 600413/x'West a distance of 36.25; thence North 11°03'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. W6109 line of said Misc. Book 257 Page 787 is assumed to bear North 00°38%'West for this description. HELLAND ENGINEERING &SURVEYING LTD. • SET NO.4 REBAR x 24"LONG w/ORANGE PLASTIC CAP#23212 Chancellor Drive (00)RECORDED AS FILE NAME: 19-141-C.DWG Cedar Falls,Iowa 50613-6916 SCALE: N/A PROJECT#19-141 DRAWN BY:CDR (319)-266-0161 SHEET 2 OF 2 OPCPLASTIC CAP(O=ORANGE,R=RED,Y=YELLOW) EASEMENT PLATS OF PART OF SW 1/4 SEC. 21-T89N-R13W WATERLOO, BLACK HAWK COUNTY, IOWA FOR CITY OF WATERLOO y 1 CD INDEX LEGEND General Description: Sec.21-T89N-R13W,SW 114 Surveyor. Kyle J.Helland Surveying Company/ Helland Engineering&Surveying,Ltd. .Lik iii i'e" � C Return To: 6109 Chancellor Drive Cedar Falls,Iowa 50613-6916 0 (319)-266-0161 a Survey Requested By: Mark Werner,P.E.Stanley Consultants/City of Waterloo ID Proprietor: Ascension Lutheran Church W LOT1 LU y o "PAUL'S REPEAT OF A UZ o ADDITION"PART OF LAWLESS LOT 16 LOT 12 co EASEMENT41 WATERLOO co P.O.B. - -N 89°06'/x'E 199.9'-------- ��— � EASEMENT#1&#2 /---60..0'– _--- 139.9' P.O.C. 139.96) N W l FOUND NO.4 REBAR W - - - - - - - - - - - oLo SOUTH LINE OF TRACT"N' o UPTON AVE. — — — — — — — — — — — — — — CDO oco o� coo (60'R.O.W.) Z U) C) 15.0' ; C) 60.0'-- -- 139.9' ------S 89°06'/d W 199.9'- ---- PROPOSED l P.O.B. SEWER EASEMENT#2 EASEMENT#1 15.0' "H. RAYHUGHES 3,600 SQ. FT. ADDITION" M WATERLOO PROPOSED TRACT"D" "UNPLATTED" SEWER SW 1/4 EASEMENT#2 SEC. 21-T89N-R13W 5,025 SQ.1 r. US co co 0 W Uci LOCATION MAP "' g MAYNARD AVELO o "�' TRACT"C" 0 w w z co a p U C LIPTON AVE. Z SEWER EASEMENTS COACH AN DR. o COACHMANDR. (60'R.0.W.) TRACT"B" i i TRACT'A" S 89°06'/4 W 15.0' (BEARINGS ARE ASSUMED) THIS SURVEY MEETS/OR EXCEEDS CURRENT"MINIMUM STANDARDS FOR PROPERTY SURVEYS" 030' 60' 120' HELLAND ENGINEERING &SURVEYING, LTD. * SET N0.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19-141-B.DWG Cedar Falls,Iowa 50613-6916 SCALE: 1"=60' PROJECT#19-141 DRAWN BY:CDR (319)-266-0161 SHEET 1 OF 2 OPCPLASTICCAP(O=ORANGE,R=RED,Y=YELLOW) I hereby certify that this land surveying document was prepared SPL LAho and the related survey . rkwasperformedbymeorundermy PROPOSED SEWER EASEMENTS s direct personal supervision and that I em a duly licensed OF PART OF TRACT"A" o a Pro fess[ net Land surveyor under the I s of the State of Iowa. $r PART OF SW 1/4 KYLE J. LL a HELLAND o m A � �I �� 0 23212 e Kylarn SEC.21-T89N-R13W ° �o License Number 23212 WATERLOO, BLACK HAWK COUNTY, IOWA My Ilcense renewal date is December 31,2021. FOR ... /OW P All pages or sheets are covered by this seal except ASCENSION LUTHERAN CHURCH THIS PLAT REPRESENTS A SURVEY OF PROPOSED SEWER EASEMENT 41 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'/0'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 00059 East a distance of 60.0 feet to a set'/z" rebar with license#23212; thence South 89006% 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°063/4 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 00059' 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 1/2" 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 89°063/4 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 89006%' East for this description. HELLAND ENGINEERING &SURVEYING, LTD. • SET NO.4 REBAR X 24"LONG w/ORANGE PLASTIC CAP#23212 6109 Chancellor Drive (00)RECORDED AS FILE NAME: 19-141-B.DWG Cedar Falls,Iowa 50613-6916 SCALE: N/A SHEET 2 OF 2 OPCPLASTIC CAP(O=ORANGEE,IR==RED,Y=YELLOW)ECT#19-141 RAWN BY:CDR 4&::(319)-266-0161 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