HomeMy WebLinkAboutSt. Edward's Church - Easement Agreement - 6/21/2021 Steven A.Weidner
Preparer Information: Swisher&Cohrt,P.L.C., 528 W 4th St.,Waterloo,IA 50704-1200; (319)232-6555
Return Document To: Swisher&Cohrt,P.L.C.,528 W 4th St.PO Box 1200,Waterloo,IA 50704-1200
EASEMENT AGREEMENT
This Easement Agreement (the "Agreement") is entered into as of Jt.t,hr_ ZA ,
2021, by and between the City of Waterloo, Iowa ("Grantor") and St. Edward's Church,
Waterloo, Iowa, an Iowa non-profit corporation ("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 are hereby acknowledged, Grantor does hereby grant and convey to Grantee, and Grantee
does hereby accept, a permanent easement (the "Easement Area") in, to, upon, over, beneath and
across that portion of Miller Park, Waterloo, Iowa, described as an easement on attached Exhibit
"A", which by this reference is 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. Grantee will be responsible for maintenance of the storm sewer
piping and drainage basin and will remove and relocate same as reasonably required by Grantor.
Grantee, its officers, employees, contractors, and agents shall have reasonable rights of ingress
and egress over, across, and upon the Premises and the surrounding property of Grantor 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 all 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 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-a-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.
(Signature Page Follows)
2
CITY OF WATERLOO, IOWA ST. EDWARD'S CHURCH, WATERLOO,
�� / IOWA �2
BY �' W By: - 1"0
Quentin M. Hart,Mayor Fr. Scott Bullock, Pastor
Attest: Attest:lzzl .
Kelley F Ile, City Clerk Toni Pint-Burke;Business Manager
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on 2021, by
Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of
Waterloo, Iowa.
Notary Public in the State of Iowa
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on , 2021, by Fr.
Scott Bullock and Toni Pint-Burke as Pastor and Busin ss Manager, respectively, of St.
Edward's Church,Waterloo, Iowa.
A-L 2.
Notary Public in the State of Iowaa,,
gi CJ<� A 74kn
,) .` .
3
EXHIBIT "A"
STORM WATER MANAGEMENT AND DRAINAGE EASEMENT
Permanent Easement Description
A permanent storm water management and drainage easement located in Miller Park, City
of Waterloo, Blackhawk County, Iowa, and more particularly described as follows:
Commencing at the Southwest Corner of Lot 1, Block 1 of Miller Park Addition to said City of
Waterloo;
Thence South 89° 50' 47" East (Assumed Bearing), 580.04 feet along the South Line of said
Block 1 to the Southeast Corner of Lot 8, Block 1 in said Miller Park Addition;
Thence South 000 50' 12" East, 4.49 feet along the West Line of Miller Park to the Point of
Beginning;
Thence South 65° 00' 55" East, 71.63 feet;
Thence North 89°07' 42" East, 284.02 feet;
Thence North 14° 21' 08" East, 166.16 feet to the South Right-of-Way Line of Carolina
Avenue;
Thence South 890 36' 04" East, 230.00 feet along said South Right-of-Way Line;
Thence South 00° 50' 12" East, 100.00 feet;
Thence South 34° 19' 36" West, 301.18 feet;
Thence North 63° 52' 53" West, 112.12 feet;
Thence North 00° 52' 18" West, 120.00 feet;
Thence South 890 07'42" West, 288.61 feet;
Thence North 65°00' 55" West, 66.54 feet to the West Line of Miller Park;
Thence North 00° 50' 12" West, 22.22 feet along said West Line to the Point of Beginning;
Containing 1.73 Acres, subject to other easements of record.
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