HomeMy WebLinkAboutThe Rose of Waterloo, LP - Utility Easement Agreement - 9/25/2006 SEND TAX STATEMENT TO:
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PREPARED BY: Gregory A.McClenahan,4200 County Rd.42 W.,Savage,MN 55378,Telephone: (952)224-8667
UTILITY EASEMENT AGREEMENT
This Utility Easement Agreement is made this 3GPday of Pill a 5t , 2006, by and
between The Rose of Waterloo, L.P., an Iowa limited partnership ("Grantor") and the City of
Waterloo, a municipal corporation under the laws of Iowa("Grantee").
RECITALS
A. Grantor owns certain real estate located in Waterloo, Black Hawk County, Iowa, legally
described as:
See Parcel"E"Legal Description attached as Exhibit A.
("Rose Property").
B. Grantee desires to acquire an easement across the Rose Property to locate a sanitary
sewer trunk line.
NOW THEREFORE, in consideration of the benefits to be derived from the location of
the utility trunk line, and in further consideration of One and No/100 Dollars ($1.00), the receipt
of which is hereby acknowledged, and other valuable consideration, Grantor and Grantee agree
as follows:
1. Grant of Easement. Grantor does hereby convey to Grantee, its respective
successors and assigns, the right to construct, reconstruct, maintain and operate an underground,
36" sanitary sewer trunk line with the right to enter the Easement Area for the purposes of
construction, repairing, replacing, operating, maintaining, and removing the utility line in and
under the property legally described as follows:
See Sanitary Sewer Easement Legal Description attached as Exhibit B
("Easement Area").
2. Binding Effect. The grant of this easement shall be binding upon the heirs,
executors, administrators, successors and assigns of Grantor herein and shall inure to the benefit
of Grantee and its successors and assigns, who shall be entitled to use and enjoy the easement
granted by Grantor herein.
3. Use. The sanitary sewer trunk line is not currently located within the Easement
Area, but will be constructed within twelve (12) months of this Agreement, in accordance with
plans and specifications approved by Grantor and Grantee. The completed sanitary sewer
facilities will be inspected and approved by Grantee for satisfactory compliance with the
aforementioned plans and specifications. Grantor may use and enjoy the Easement Area, but not
to the exclusion of Grantee's use. Grantor may install its driveway and parking lot, curbing,
storm water retention ponds/rain gardens, sidewalks, perimeter fence, landscaping plants, and
building monument signage within the Easement Area, but shall not construct or install any other
structures or other permanent improvements which would otherwise interfere with Grantee's
ability to maintain its sanitary sewer trunk line within the Easement Area.
4. Restoration. Grantee, its successors and assigns, shall promptly restore or cause
to be restored the surface or subsurface of the Easement Area to substantially its prior condition
as existed before any construction, reconstruction, removal, replacement, operation,
maintenance, repair, improvement, or any other use of this easement and such restoration shall
be performed in a workmanlike manner. Such restoration specifically includes reconstruction of
any and all structures or permanent improvements referenced in paragraph 3 of this Agreement,
as well as any damage to any other permanent structures located on the Rose Property.
5. Hold Harmless. Grantee, its successors and assigns, shall hold Grantor, its
successors and assigns, harmless from any loss or damages to Grantee or other persons or entities
served by the sanitary sewer trunk line, direct or consequential, arising from excavation,
underground construction, installation, repair or maintenance in the Easement Area during the
initial construction or any other subsequent maintenance and repair of Grantee's sanitary sewer
trunk line or Grantor's surface improvements and/or permanent structures, excepting only
damages or loss arising from the gross negligence of Grantor, its successors and assigns.
This Agreement is effective the date referenced above.
"GRANTOR"
THE ROSE OF WATERLOO, L.P.,
an Iowa limited partnership
By: EverGr en Real Estate Development Corporation,
Gen Partner
By: 1Z,
/Gr�eA.'AAc6lenahan
Its: President
And,
By: Affordable Assisted Living of America, LLC,
Z0Itseneral P er
By:
Ric, d,Helgeso
Itstef Manage 7
STATE OF MINNESOTA, COUNTY OF SCOTT, ss:
On rjt4kQ LLQt —30 , 2006, before me, the undersigned, a Notary Public in
and for said state, Orsonally appeared Gregory A. McClenahan to me personally known, who
being by me duly sworn, did say that he is President of EverGreen Real Estate Development
Corporation, a Minnesota corporation, which is the general partner of The Rose of Waterloo,
L.P., an Iowa LIMITED PARTNERSHIP, and that the instrument was signed on behalf of the
partnership by authority of the partners and the general partner acknowledged the execution to be
the votWNOTARy
eed of the partnership by it and by the general partner voluntarily
executLE A. olt&RA
pt161JG TA
ml%&'pn @q�p Jea.3t,2M0 &PAL
g
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF SCOTT )
On 2006, before me, the undersigned, a Notary Public in
and for said state, per nally appeared Richard Helgeson to me personally known, who being by
me duly sworn, did say that he is Chief Manager of Affordable Assisted Living of America,
LLC, an Iowa limited liability company, which is the Co-General partner of The Rose of
Waterloo, L.P., an Iowa LIMITED PARTNERSHIP, and that the instrument was signed on
behalf of the partnership by authority of the partners and the general partner acknowledged the
execution to be the voluntary act and deed of the partnership by it and by the general partner
voluntarily executed.
Notary Public
DALE A. OWpA
NOTARY PLUJO-W6080TA
s
My CoenoW*Q 9oov"jw 31,2010 2
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"GRANTEE"
CITY OF WATERLOO., a
municipal corporation under the laws of Iowa
By:
144. rle7, r)
Its:
By:
YVa��y cKer C i y 1<�
Its:
By:
Its:
STATE OF IOWA, COUNTY OF BLACK HAWK, ss;
On 21-;- , 2006, before me, the undersigned, a
Notary Public in and for said state, personally appeared :jjtL
�1�1',N , and to me personally known,
who being by me duly sworn, did say that they arev1pP�
- ' ac's (-01� , and of the City of Waterloo, a
municipal corporation under the laws of the State of Iowa, and that the instrument was signed on
behalf of the City by authority of the City Council and they acknowledge ution to be
the voluntary act and deed of the City by it and by them vol e u d.
Notary Public
i
EXHIBIT A
PARCEL "E"
A SURVEY OF PARCEL "E", BEING ALL OF LOT 8 AND PARTS OF LOTS 1, 2 AND 3
OF URIAH DUBOIS ADDITION AND PARTS OF LOTS 48 AND 49 OF MORRIS CASE
ADDITION, OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION TWENTY-THREE
(23), TOWNSHIP EIGHT-NINE NORTH (T89N), RANGE THRITEEN WEST (R13W) OF
THE FIFTH PRINCIPAL MERIDIAN (5T" P.M.), IN THE CITY OF WATERLOO, BLACK
HAWK COUNTY, STATE OF IOWA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE MONUMENTED SOUTHWESTERLY CORNER OF SAID LOT 8,
URIAH DUBOIS ADDITION, ALSO BEING INTERSECTION OF THE EASTERLY RIGHT
OF WAY LINE OF UTICA STREET AND THE NORTHERLY RIGHT OF WAY LINE OF
MULBERRY STREET; THENCE N32'19'29"E 149.00 FEET ALONG SAID EASTERLY
RIGHT OF WAY, TO THE MONUMENTED NORTHWESTERLY CORNER OF SAID LOT
8 AND ALSO BEING THE SOUTHWESTERLY CORNER OF SAID LOT 49, MORRIS
CASE ADDITION; THENCE N32'15'38"E 179.82 FEET ALONG THE SAID EASTERLY
RIGHT OF WAY LINE OF UTICA STREET TO THE NORTHWESTERLY CORNER OF
SAID LOT 48, MORRIS CASE ADDITION AND THE SOUTHERLY RIGHT OF WAY LINE
OF FRANKLIN STREET (FORMER PRIMARY HIGHWAY NO. U.S. 20 AND IOWA
STATE HIGHWAY NO. 57); THENCE S57'46'33"E 139.40 FEET ALONG SAID
SOUTHERLY RIGHT OF WAY LINE TO A POINT 74 FEET NORTHWESTERLY OF THE
NORTHEASTERLY CORNER OF SAID LOT 48, DESCRIBED IN TOWN LOT DEED
BOOK 376 AT PAGE 265 OF THE BLACK HAWK COUNTY RECORDER'S OFFICE;
THENCE 548'34'34"E 64.91 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE
(DESCRIBED IN TOWN LOT DEED BOOK 376 AT PAGE 265) TO ITS INTERSECTION
WITH A LINE 10.00 FEET PARALLEL WITH AND NORMALLY DISTANT FROM THE
WESTERLY RIGHT OF WAY LINE OF OAK AVENUE, A PLATTED 33 FOOT PUBLIC
RIGHT OF WAY; THENCE 531'47'33"W 317.89 FEET ALONG SAID PARALLEL LINE TO
THE AFORESAID NORTHERLY RIGHT OF WAY LINE OF MULBERRY STREET, SAID
LINE ALSO BEING THE SOUTHERLY LINE OF THE AFORESAID LOT 3, URIAH
DUBOIS ADDITION; THENCE N57'55'56"W 206.25 FEET ALONG SAID NORTHERLY
RIGHT OF WAY LINE OF MULBERRY STREET, ALSO BEING THE SOUTHERLY LINES
OF SAID LOT 3 AND AFORESAID LOT 8, URIAH DUBOIS ADDITION TO THE POINT
OF BEGINNING CONTAINING 66,947.3 SQUARE FEET OR 1.537 ACRES.
Y
EXHIBIT B
SANITARY SEWER EASEMENT DESCRIPTION:
AN EASEMENT FOR PUBLIC SANITARY SEWER PURPOSES OVER, UNDER AND
ACROSS, PARCEL "E" OF THE SOUTHEAST QUARTER (SE V4) OF SECTION TWENTY-
THREE (23), TOWNSHIP EIGHT-NINE NORTH (T89N), RANGE THIRTEEN WEST
(R13W) OF THE FIFTH PRINCIPAL MERIDIAN (5T P.M.), SAID PARCEL "E"
COMPRISING OF PORTIONS OF LOTS 1, 2, 3 AND 8 OF URIAH DUBOIS ADDITION
AND PORTIONS OF LOTS 48 AND 49 OF MORRIS CASE ADDITION, ALL IN THE CITY
OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MONUMENTED NORTHWESTERLY CORNER OF SAID LOT 48,
MORRIS CASE ADDITION, ALSO BEING THE INTERSECTION OF THE EASTERLY
RIGHT OF WAY LINE OF UTICA STREET AND THE SOUTHERLY RIGHT OF WAY
LINE OF FRANKLIN STREET (FORMER PRIMARY HIGHWAY NO. U.S. 20 AND IOWA
STATE HIGHWAY NO. 57); THENCE S57'46'33"E 139.40 FEET ALONG SAID
SOUTHERLY RIGHT OF WAY LINE TO A POINT 74 FEET NORTHWESTERLY OF THE
NORTHEASTERLY CORNER OF SAID LOT 48, DESCRIBED IN TOWN LOT DEED
BOOK 376 AT PAGE 265 OF THE BLACK HAWK COUNTY RECORDER'S OFFICE;
THENCE S48'34'34"E 64.91 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE
(DESCRIBED IN TOWN LOT DEED BOOK 376 AT PAGE 265) TO ITS INTERSECTION
WITH A LINE 10.00 FEET PARALLEL WITH AND NORMALLY DISTANT FROM THE
WESTERLY RIGHT OF WAY LINE OF OAK AVENUE, A PLATTED 33 FOOT PUBLIC
RIGHT OF WAY; THENCE S31*47'33"W 317.89 FEET ALONG SAID PARALLEL LINE TO
THE NORTHERLY RIGHT OF WAY LINE OF MULBERRY STREET, SAID LINE ALSO
BEING THE SOUTHERLY LINE OF THE AFORESAID LOT 3, URIAH DUBOIS
ADDITION; THENCE N57'55'56"W 29.75 FEET ALONG SAID NORTHERLY RIGHT OF
WAY LINE OF MULBERRY STREET. ALSO BEING THE SOUTHERLY LINE OF SAID
LOT 3; THENCE N31'15'00"E 308.09 FEET TO AN ANGLE POINT; THENCE
N53'24'39"W 171.39 FEET TO A POINT ON THE AFORESAID EASTERLY RIGHT OF
WAY LINE OF UTICA STREET, SAID POINT BEING 7.25 FEET SOUTHWESTERLY OF
THE AFORESAID NORTHWESTERLY CORNER OF LOT 48, MORRIS CASE ADDITION;
THENCE N32'15'38"E 7.25 FEET ALONG SAID EASTERLY RIGHT OF WAY LINE TO
THE POINT OF BEGINNING CONTAINING 12,295.5 SQUARE FEET OR 0.282 ACRES