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Home My WebLink AboutKoelker Properties - Easement Agreement - 7/6/2021 Tim Andera.City of Waterloo,Planning and Zoning,Waterloo,IA 50703. Phone(3 19)291-4366 After recording,return to City of Waterloo,715 Mulberry Street,Waterloo,IA 50703,Attn:Noel Anderson. EASEMENT AGREEMENT This easement agreement is entered into as of 2021 between Koelker Properties, LLC(Grantor)and the City of Waterloo,Iowa(Grantee), 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 Southerly thirty (30) feet (the "Easement Area") of the real estate legally described as set forth on Exhibit"A" attached hereto (the "Premises"). 2. Purpose. The Premises is intended for use by the Grantee,its officers, employees, contractors, and agents,to construct,inspect,maintain,repair,operate and remove certain sanitary sewer and utility improvements (the "Improvements"), together with a right of reasonable ingress and egress thereon. It is the intention of the parties that Grantee shall assume no responsibility for the construction, maintenance and operation of the Improvements made to the Premises, and the Grantor shall have no liability relating to the Easement of the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement Premises to Grantee, "as is, where is", without any representation of warranty as to the condition of same. Grantor shall have no duty to prepare the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other activities upon the Premises without the prior written consent of Grantee. 4. 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 :.r s,3es. s . - & k F e r 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. Koelker Properties, LLC CITY OF WATERLOO, IOWA By: By: tT Quentin M. Hart, Mayor Title: �— Attest: Vulh elley Felchl City Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTYe;; ) Ac ow edged before me on�ltlQ z3,221 b Q as iof Koelker Propertie PEGGYA.MORRIS �f��S Notarial Seal-Iowa Commission No.210201 Notary My Commission Expires 8___A'Ll STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 2-67- by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respective) , of the City of Waterloo, Iowa. EM - Notary P liC" ' iow� 2 EXHIBIT"A" Legal Description—Premises Subject to Easement That part of the Southeast Quarter (SE1i4) in Section No. 5 Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the Southwest Corner of Tract "A" per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 0020'04" West, 30.00 feet along the West line of said Tract "A" and Tract "B" per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 89°40'50" East, 204.12 feet to a point on the east line of said Tract "B"; thence South 0°20'03" East, 30.00 feet along the east line of said Tract "A" and Tract "B" to the Southeast Corner of said Tract "A'; thence South 89040'50" West, 204.12 feet along the northern right-of-way line of West Airline Highway to the Point of Beginning, containing 6,120 Square feet. UTILITY EASEMENT EXHIBIT INDEX LEGEND OOATIO : OUTHEAST QUARTER SEC.S-Ta9N-R13W, ATERLOO,BLACK HAWK COUNTY,IOWA ROPRIETOR: OELKER PROPERTIES LLC URVEY REQUESTED BY: CITY OF WATERLOO IELD WORK COMPL /10/2020 SURVEY PREPARE CLAPSADDLE-GAReER ASSOCIATES,INC, ESPOND TO: 106 NORDIC DRIVE, ECAA FALLS,IOWA 50613 HONE 319-266-0258 STEWARTQCGACONSULTANTS.COM j ('��...I':5 .7'71-9EL._E'._ FILE 4104-115/1 DATED/3.98.2015 FOUND IRON PIN W1 PLASTIC FOUND ASTICON CAP#23212 NW/ORWGE N89°39'21"E(N89°4DYi'E) ALUMINUM CAP#19715 . aD4.tr VACATED NORTHERN RIGHT-OF-WAY UNE TRACT) -1ir_ NO°20'04'W 65.97 —.-+ f'!LE'S00-0e00961? SO°20'03'E 65.98' (NOO°194468.01 NORTH UNE 3Q' `; fS00°18'40'E 66.07 UTILITY EASEMENT N89°40'STE - 204.12 r 204.12' _._._.. y , NO'20DVW 30.00' r _. _..._. S89"4015"N.-.._. i ) d0'19'W) I i SO'20'p3'E 50.00 f u.r 1 (S00 11.40'17 27.19 204.12 _._..` r. SW CORNEA TRACT 1' S89°40'50"W ` POINT OF BEGINNING J f;. r/ � r:,. SEE DETAIL'S' SEE DETAIL"A' _ NORTHERN RIGHT-OF-WAY UNE E.AIRLINE HIGHWAY (GROSS-AREA) (EASE-ARN I (NET-AREA) N.UNE r ,A N.LINE /r ^o \TRACT'B' TRACT'B' / 9_a °,` TRACT'm 5,520 S0.R. 5,520 S0.FT. 0 SO,FT. N.UNE r m T TRACT V 13,470 50.Fi. 600 S0.Fi. 12,870 SD.R. TRACT'A' rl ' N.LINE 1 �� TOTAL 18,990 S0.FT. 6.120 S0.FT. 12,870 S0.FT. 1 TRACT'A' r '� r LEGEND: o 4 m!= '^� g'w ♦ GOVERNMENT CORNER MONUMENT FOUND iy$ Cin j y p GOVERNMENT CORNER MONUMENT SET m'- - r 1(2'x W REBAR wIORANGE PLASTIC ID CAP#17162 r 'r _. , j • PARCEL OR LOT CORNER MONUMENT FOUND rr t 0 SET 1/2'x 30'REBAR w/ORANGE PLASTIC I �, rr TO CAP#17162 RECORDED AS CORNER TRACT"A' DETAIL'A' rr '� DETAIL'S" rr FOUND IRON PIN W1 ORANGE NOTTO i SW CORNER TRACT•A• NOT TO PLASTIC CAP#23212 NOTE: SCALP �` FOUND IRON PIN W/ORANGE I` SCALE ,' ALL BEARINGS ARE THE RESULT OF G.P.S. PLASTIC CAP#23212 - OBSERVATIONS USING IOWA REGIONAL POINT OF BEGINNING COORDINATE SYSTEM ZONES USING IOWA DOT REAL TIME NETWORK, DESCRIPTION That part of the Southeast Quarter(SO)in Section No.5 Township No.89 North,Range No.13 Westof the Fifth Principal Meridian,in the City of Waterloo, Black Hawk County,Iowa,described as follows: Beginning at the Southwest Corner of Tract'A°per Plat of Survey recorded in File 2019-9817 dated 12/21/2018 in the Office of the Black Hawk County Recorder; thence North 0°20'04'West,30.00 feet along the West line of said Tract'A'and Tract°B'per Plat of Survey recorded in File 2019-9617 dated 12/21/2018 In the Office of the Black Hawk County Recorder;thence North 89°4050'East,204.12 feet to a point on the seat line of said Tract-B';thence South 0°20V3'East,30.00 feet along the east line of said Tract Wand Tract•B"to the Southeast Comer of said Tract°Ay thence South 89°40'50"West,204.12 feet along the northern rlght9f-way line of West Airline Highway to the Point of Beginning,comaining 6,120 Square feet. AIRUNE HIGHWAY UTILITY EASEMENT SURVEY BLACK HAWK COUNTY N I hereby certify that this land surveying document was prepared 5 R. 87-,y� and the related survey work was performed bymea under PJl�10EN "Fy my direct personal supervision and that 1 am a duly Licensed Professional Land Surveyor un er the laws of the State of Iowa. y� Clal,ss4dlsiww Auacista.Ivc —y. 1C. � � ZLJ Z( 9,W rvcrdcomti 17162 �'Fd,m" 0813 co p Travis R.Stewart,PLS date rna,szecoea O,w Iowa license Number 17162 DRAWNSHEETNa SCALE I"=50' Fs IOWA P, My Ucense Renewal Date.is December 31,2021 WC1 OF 1 ® s70A,� L A� " Pages or sheets covered by this seal: THIS SHEET PATE PROJECT NO. D 50, .-- 08-17-2020 2435.05 J'.I14dvN:1&MN1auIM'1P2135•U41yFMOM16iJOp-YUW�,p.Ptl:fb..OG01.2'-A15m-65iSfi