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HomeMy WebLinkAboutJames L. Grady - Easement Agreement - 12/19/2022fy e,U) /2-/-Zz Prepared by Christopher S. Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 Return to preparer after recording. EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of 1-2/I9 /2-622s by and between the City of Waterloo, Iowa ("City") and James L. Grady, Trustee of the James L. Grady Revocable Trust U/A dated March 4, 2013 and Jeanette J. Grady, Trustee of the Jeanette J. Grady Revocable Trust U/A dated March 4, 2013 (collectively, "Owner"). 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, Owner does hereby grant and convey unto City, and City does hereby accept, an easement (the "Easement") in, to, upon, over, and across the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. 2. Purpose. The Premises is intended for use by City, future owners of the City Property, and the employees and agents of each of them, for purposes of ingress and egress between Shaulis Road and the City Property legally described as set forth on Exhibit "B" attached hereto (the "City Property"). The Premises shall not be used for any other purpose without the prior written consent of City. It is the intention of the parties that City shall assume all responsibility for the construction, maintenance and operation of improvements made to the Premises, and that Company shall have no liability relating to the Easement or any such improvements. 3. Term. The Easement shall continue in force and effect for a term of five (5) years, ending December 31, 2027, subject to renewal for an additional term of five (5) years if the City delivers written notice of renewal to Owner before the termination date. Notwithstanding the foregoing, the Easement shall automatically terminate at such time as a public street or road is constructed that connects the City Property (defined below) with Shaulis Road and is open for public use. City may also terminate the Easement at any time upon 60 days' advance written notice to Owner. 4. Compensation to Owner. City shall pay to Owner the sum of $500.00 per year for the easement rights granted to City under this Agreement. The initial payment shall be made within 30 days after approval of this Agreement by the Waterloo City Council. Subsequent payments shall be made on or before January 1 of each following year during the term of the Easement. 5. Owner Duties. Owner makes the Premises available to City, "as is, where is", without any representation or warranty as to the condition of the Premises. Owner shall have no duty to prepare the Premises in any way for City's use, and Owner shall have no further duty or obligation with respect to the Premises, except as set forth herein, other than the duty not to cause damage to improvements made by City to the Premises. 6. Easement Conditions. City agrees that its acceptance of the Premises is subject to each and all of the following terms, conditions, covenants, and restrictions, which are covenants running with the land: a. City will maintain and operate the Premises and the Easement in accordance with all applicable laws and regulations, and a standard of reasonable care. b. As against Owner, City shall solely bear all responsibility, cost, and expense for design, construction, repair, maintenance, operation and any other work relating in any way to the Easement and the Premises, and any improvements placed on or made to the Premises, except for damage caused to such improvements by Owner, its employees, agents, tenants or invitees, for which damages Owner shall be responsible. c. Upon termination of the Easement, City shall be responsible to remove all improvements that it placed or constructed on the Premises and for "deep ripping" the area affected by construction, use or removal of such improvements. 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 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. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts delivered by electronic means, shall be deemed an original and all of which shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 2 JAMES L. GRADY REVOCABLE TRUST U/A DA ED MARCH 4, 2013 By: lf/11(-60 be- J es L. Grady, Trustee JEANETTE J. GRADY REVOCABLE TRUST U/A DATED MARCH 4, 2013 B eanette J. Gras , T stee STATE OF IOWA ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: "' ^'"` • KARIE STAMPE COMMISSION NO. 750951 «w MY COM7Oy(,IPS Kelley F chle City Clerk Acknowledged before me on�.by James L. Grady as Trustee of the James L. Grady Revocable Trust U/A dated March 4, 2013. TIM ANDERA COMMISSION NO.772518 MY COMMISION EXPIRES 1.. 20 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on ikkwh,l 7 , by Jeanette J. Grady as Trustee of the Jeanette J. Grady Revocable Trust U/A dated March 4, 2013. 3 KARIE STAMPS COMMISSION NO. 750951 MY Cy� STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) v/ Acknowledged before me on WexYl P✓ I , by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY H!CBY COMMISSEON NO.788229 MY COMMISSION IX IRES 4 EXHIBIT "A" Description of Easement Premises As measured from the South line of Section 9, the South 710 feet of the West 50 feet of the following described real estate: The South One-half of the Southeast Quarter of Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in Black Hawk County, Iowa, except that part conveyed for road purposes in Land Deed Record 91, Page 186 and except that part conveyed to the City of Waterloo in 550 LD 609 of the records of said County, and except that part for roads shown on Survey Doc. #2012-14745. EXHIBIT "B" Description of City Property An area generally described as: The East 360 feet of the North Half of the South Half of the Southwest Quarter (N'/z S'/ SW '/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth P.M., Black Hawk County, Iowa. and The South 350 feet of the East 360 feet of the South Half of the North Half of said Southwest Quarter.