HomeMy WebLinkAboutFriends of Faith Retirement Homes - Easement Agreement - 2.20.2023Prepared by/Return to: Elizabeth L. Souer, 115 3'd St. SE, P.O. Box 2107, Cedar Rapids, IA 52406-2107, (319)365-9461
TERMINATION OF EASEMENT AGREEMENT
THIS TERMINATION OF EASEMENT AGREEMENT (hereinafter, this "Agreement") is made and
entered into as of 2,E) , 2023 by and between Friends of Faith Retirement Homes, Inc.,
an Iowa nonprofit corporation ereinafter, the "Owner"), and the City of Waterloo, Iowa, an Iowa municipal
corporation (hereinafter, the "City").
WHEREAS, Owner is the owner of real estate legally described on attached Exhibit A (hereinafter, the
"Owner's Property");
WHEREAS, pursuant to that certain Easement dated November 13, 1961 and recorded with the Black
Hawk County, Iowa Recorder on November 24, 1961, in Book 136 Misc, Page 597, as amended from time
to time (hereinafter, the "Sewer Easement"), an easement was granted over a portion of the Owner's
Property to the City for construction and maintenance of a sewer over and across a tract of land 60 feet in
width lying 30 feet on each side and extending along a line described as:
Commencing at a point on an extension of the center line of Park Lane, said point being 845.77
feet Southeasterly of the East line of Southhaven Addition in the City of Waterloo, Black Hawk
County, Iowa; thence Southwesterly a distance of 1052.4 feet to a point on the East line of the
Southwest Quarter of the Southwest Quarter of Section 3, Township 88, Range 13 West of the 5th
P.M., said point being 240 feet South of the Northeast corner of the Southwest Quarter of the
Southwest Quarter of said Section 3; thence continuing along an extension of the previous course
a distance of 261.75 feet; thence Westerly along a curve tangent to the last described course,
concave Northwesterly and having a radius of 740.96 feet a distance of 200.00 feet; and
Said sanitary sewer easement was amended by City of Waterloo Ordinance Number 2592,
adopted April 10, 1972, and recorded with the Black Hawk County, Iowa Recorder on April 12,
1972, in Misc. Book 199, Page 491, and described as follows:
A portion of the easement of record for the 18" sanitary sewer line between Brookeridge Drive
and Park Lane along the northwesterly side of the center line of the said sanitary sewer line
from the north line of lot 26, Brookeridge Addition to Park Lane, except the adjacent 8' thereof
on the northwesterly side of the centerline, and vacated from the north line of the south 1/ 2
Section 3, Township 88 North, Range 13 West of the 5th P.M. to Park Lane, except the
adjacent 12 feet thereof on the southeasterly side of the center line of said sanitary sewer line.
WHEREAS, the parties wish to terminate the Sewer Easement.
NOW, THEREFORE, in consideration of the foregoing, and of the mutual representations, covenants
and agreements set forth in this Agreement, and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree as follows:
1. Recitals. The recitals set forth above are incorporated herein by this reference.
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2. Termination. The City, as the dominant owner of the Sewer Easement, hereby agrees to terminate
the Sewer Easement as of the Effective Date.
3. Miscellaneous. The provisions of this Agreement hereof shall inure to the benefit of and bind the
successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the
land and with the title to the land; and shall be recorded in the Black Hawk County Recorder's
Office.
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IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized
representatives as of the date first set forth above.
CITY
City of Waterloo, Iowa
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By: CS20e-04,n-\-O_,y-*
As: 100..30(—
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss:
This instrument was acknowledged before me on
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Iowa.
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IOWA
BRITNI C PERKIN„
COMMISSION NO. 845529
MY COMMISSION EXPIRES
JANUARY 27, 2026
fir] , 2022, by
of the City of Waterloo,
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OWNER
Friends of Faith Retirement Homes, Inc.
By: Brad Morris
Its: Chair
STATE OF IOWA
COUNTY OF BLACK HAWK ) ss:
This instrument was acknowledged before me on , 2022 by Brad Morris, as
Chair of Friends of Faith Retirement Homes, Inc.
Notary Public
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OWNER
Friends of Faith Retirement Homes, Inc.
By: Brad Morris
Its: Chair
STATE OF IOWA
COUNTY OF BLACK HAWK
) ss:
This instrument was acknowledged before me on UM 0-wce, , 2023 by Brad Morris, as
Chair of Friends of Faith Retirement Homes, Inc.
0
LAURA FOLKERTS
- Commission Number 760527
• My Commission E,xpires
/0-2(-2y
L' LL47IL U\-I S
Notary Public
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