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HomeMy WebLinkAbout2021-452-06.21.2021 (RECORDED) iIIIIIIIII�►IIIIIIIIIIIIII►►IIIIIIIIIIIIIIII�I►►IIII►IIIIIIIIIIIIIillllllllilll Doc ID: 011808350003 Type: GEN Recorded: 08/08/2022 at 03:17:24 PM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00002210 Cir'j [) IN/CtIt"0U Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2021-452 RESOLUTION APPROVING A STORMWATER EASEMENT AGREEMENT WITH ST. EDWARD'S CHURCH IN CONJUNCTION WITH THE CONSTRUCTION OF A STORM SEWER AND DETENTION BASIN IN MILLER PARK, TO BE MAINTAINED BY ST. EDWARD'S CHURCH. WHEREAS, the Permanent Stormwater Easement Agreement dated June 21, 2021,. for the parcel described in attached Exhibit "A", is to allow for drainage improvements near St. Edward's Church property located at 1423 Kimball Avenue; and WHEREAS, the City of Waterloo, Iowa, does hereby accept a permanent stormwater easement in, to, upon, over, beneath and across that portion of Miller Park, Waterloo, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Permanent Easement Agreement between St. Edward's Church and the City of Waterloo, Iowa, for property located in. Miller Park, to allow for drainage improvements near St. Edward's Church property, for the property legally described in attached Exhibit "A", is accepted and approved. PASSED AND ADOPTED this 21'day of June 2021. Quentin Hart, Mayor ATTEST: Keller felchie Kelley Felchle, City Clerk CERTIFICATE I, Kelley Felchle, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2021-452 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21"day of June 2021. Witness my hand and seal of office this 21 St day of June 2021. Kelley Felchle Kelley Felchle, City Clerk SEAL ' So C�1J 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 00° 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 89°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 89°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. SHEET 1 OF 2 r c 1 1 -- _ 0 l� O VERMONT ST z 00 N CO N 0 1_ 1 _.. - z o 0 w I\wa Z .14j d W a,- 1O o F. W 0 0 � a o a 1t N tri wrn 4gFs " ' 14w !A vwiv FS w < J 6n H CC 0 0 t a. � to 4.ry Q J W 0 W Q 006 0 I 000Zl M,BIZS.00 N W Z S 5 © WI �; —a— 10'TEMPORARY EASEMENT {— Z10'TEMPORARY EASEMENT — ,— `4 Z 1 W X 0 ,� >( ` J Q w i 4 W W I— t_N i' N LL 4 bbb Q.�•i YN L1 O T gUA L• - a P. Q — l.l_ � m a. w z a z IJ 20 J w Li a w F-- 0— < 1 0 iTe w v. % n T ro �" yz m h ,n V _Ct Y 0 zo H J m O Z N J O A N u 1 %J J V a !`s es1d IIUI III III IIIII II II IIIO II I I II I IIIII III 1 II I I II W Doc ID: 011808360005 Type: GEN Recorded: 08/08/2022 at 03:19:42 PM Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2023-00002211 t-k ‘6-1/4\10x\ 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 3k.uric, 7� , 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 ( _1) 6 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. V 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 By: By: '- 52 P L Quentin M. Hart, Mayor Fr. Scott Bullock, Pastor Attest: C Attest:C .R- PLA ---iEt-A-liP 8-D`a/X020 Kelley F le, City Clerk Toni Pint-Burke;Business Manager STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on 21 , 2021, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. ��"` TRACIA S ROSS JAC4cLe—tiVii )2-4.-- )COMMISSION NO.811963 * *rowsMY 8MISSIIO-0N IRESNotary Public intate of Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on )9 , 2021, by Fr. Scott Bullock and Toni Pint-Burke as Pastor and Busin ss Manager, respectively, of St. Edward's Church, Waterloo, Iowa. 4.J.p--C, CO cz--,--eit— Notary Public in the State of Iowa, i L-�71f3 A , wc:SP4.n 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 00°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 89°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 89° 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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