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HomeMy WebLinkAboutEstate of Ramona and James Rooff Trust - Permanent Access Easement Agreement - 7.19.2021 Easement Recorders Cover Sheet Preparer Information: Martin Petersen 715 Mulberry Waterloo, IA 50703 Return Document To: Martin Petersen 715 Mulberry Waterloo, IA 50703 Grantors: City of Waterloo,IA 50703 Grantees: Estate of Ramona E.Rooff,James L.Rooff Trust Page 1 of 3 EASEMENT FOR PERMANENT ACCESS KNOW ALL PEOPLE BY THESE PRESENTS: That the CITY OF WATERLOO, IOWA (hereinafter called "Grantor"), of the County of Black Hawk, State of Iowa, in consideration of the sun of One Dollar ($1.00), to be paid and other good and valuable consideration, the receipt of which is hereby acknowledged by the Grantor, does hereby sell, grant and convey unto The Estate of Ramona E. Rooff and the James L. Rooff Trust (hereinafter called "Grantee"), perpetual Easements for access for purposes of ingress and egress, under, over,through, and across the following described real estate: (Legal Description,see attached as Exhibit A) (hereinafter called"Easement Area") for access on the surface of said Easement Areas. Said access easement being for the benefit of the following described property in the City of Waterloo,Black Hawk County, State of Iowa, generally known as 305 Paper Mill street: (Legal Description,see attached as Exhibit B) This Easement shall run with the land, and shall be subject to the following terms and conditions: 1. ERECTION OF STRUCTURES PROHIBITED: Grantee and its successors and assigns shall not erect any building, structure or fence over or within the Easement Area without obtaining prior written consent of the City. 2. OBSTRUCTIONS PROHIBITED: Grantee and its successors and assigns shall not erect or cause to be placed on the Easement Areas any structure, material, device,thing or matter, or plant or permit to grow any hedge or other vegetative growth, except grass. 3. CHANGE OF GRADE PROHIBITED: Grantee and its successors and assigns shall not change the grade, elevation, or contour of any part of the Easement Area without obtaining prior written consent of the City. 4. MAINTENANCE AND REPAIR: The maintenance of the Easement Area is the sole responsibility of the Grantee, their successors in interest,transferees and assigns. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to context. Page 2 of 3 k Signed this �� day of l�X ,2021. DQuentin Hart,Hart,Mayor, Waterloo,Iowa Kelley Felchlo City Clerk, Waterloo,Iowa STATE OF IOWA ) ( ss COUNTY OF BLACK HAWK ) On this i 1 day of �, , 204 ��, before me,the undersigned, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart, Mayor of Waterloo, Iowa and Kelley Felchle, City Clerk of Waterloo, Iowa, to me known to be the identical person(s) named in the foregoing instrument and who executed the same as his/her/their voluntary act and deed. Notary Public in and for the State of Iowa 1�%AtS rAARTlN PETERSEN oA _ Co-nmissiori Number 164583 Z tvly Commission Expires Page 3 of 3 Exhibit A An Easement for ingress/egress purposes over, under and across that part of the Northeast Quarter(NE 1/4) of Section Thirty-six (36),Township Eighty-nine North (T89N), Range Thirteen West(R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southeast corner of Parcel "F", Document No. 2021-22316 in the Black Hawk County Recorder's Office;thence N87°16'38"E Three and Thirty-five Hundredths (3.35)feet along the South line of said Parcel "F"to the East line of Lot One (01), Rooffs Addition and to the point of beginning;thence N87°16'38"E One Hundred (100.00) feet along the Easterly extension of the North line of Paper Mill Street to the Southeast corner of Parcel #11, City Lot Deed 660, Page 555 in aforesaid Recorder's Office; thence 502'34'22"E Sixty-five(65.00)feet along the Southerly extension of the East line of said Parcel #11;thence 587'16'38"E Seventy-seven and Seventy-four Hundredths (77.74)feet to the East line of James Street, aforesaid Rooffs Addition;thence N21°29'22"W Sixty-eight and Sixty-five Hundredths (68.65)feet along said East line to the point of beginning containing 5777 square feet. Exhibit B That part of Lot One (01), Rooffs Addition, and that part of the Northeast Quarter(NE 1/4) of Section Thirty-six(36),Township Eighty-nine North (T89N), Range Thirteen West(R13W),of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of Parcel "F", Document No. 2021-22316 in the Black Hawk County Recorder's Office; thence N88°32'50"E Twenty-seven and Forty-nine Hundredths (27.49)feet along the North line of said Parcel "F" to a line Twenty-five (25.00)feet East of and parallel to the West line of said Parcel "F" and to the point of beginning; thence S26°01'27"E One Hundred Twenty-five and Ninety-five Hundredths (125.95)feet along said Parallel line;thence N88°17'00"E Fifty-seven and Fifty- seven Hundredths(57.57)feet to the East line of aforesaid Parcel "F";thence 501'50'27"E Two Hundred Three and Eighty-seven Hundredths (203.87)feet along said East line to the Southeast corner of said Parcel "F";thence N87'16'38"E One Hundred Three and Thirty-five Hundredths (103.35)feet along the Easterly extension of the North line of Paper Mill Street to the Southeast corner of Parcel#11, City Lot Deed 660, Page 555 in aforesaid Recorder's Office;thence NO2°34'22"W Three Hundred Fifteen and Ninety-one Hundredths(315.91)feet along the East line of said Parcel#11 to the Northeast corner of said Parcel#11;thence S88°32'50"W Two Hundred Eight and Forty-eight Hundredths (208.48)feet along the North line of aforesaid Northeast Quarter(NE 1/4)to the point of beginning containing 0.96 Acres.