HomeMy WebLinkAboutFriends of Faith Retirement Homes - Easement Agreement - 2.20.2023 (RECORDED) IIIII OIU DII I II III II IIII1011II 110111110 III
Doc ID: 011946910005 Type: GEN
Recorded: 05/23/2023 at 12:53:12 PM
Fee Amt: $27.00 Page 1 of 5
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00015673
C t� c 1�(3L-�-ec\o
Prepared by/Return to:Elizabeth L.Souer, 115 3rd 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 b 2j5 , 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.
ci° 1 ( `l) 5
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.
2
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
By: Uve,r n 404—
As: I•kOu10,r
STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss:
This instrument was acknowledged before me on 11 , 2022, by
Qe r r, , as Vka. of the City of Waterloo,
Iowa.
op"S, BRITNI C PERKIN
Iz
- tz, COMMISSION NO.845529 blic
*mninn* MY COMMISSION EXPIRES
IOWA JANUARY 27,2026
3
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EXHIBIT A
Tracts A and B, Southbrooke in the City of Waterloo,Black Hawk County,Iowa,and Lots 22,23,24,25 and 26,
Brookeridge in the City of Waterloo,Black Hawk County,Iowa,and that part of the Southwest Quarter of Section
3,Township 88 North,Range 13 West of the Fifth Principal Meridian,Black Hawk County,Iowa,all lying within
the following described tract:
Beginning at the Southeast corner of Lot 151, "Southaven First Addition"to the City of Waterloo,Black Hawk
County,Iowa;thence North 00°00'00"East along the East line of said Southaven First Addition and the East line
of"Southaven Addition"Waterloo,Black Hawk County, Iowa, 949.03 feet to the Southwesterly R-O-W line of
Park Lane;thence South 57°43'00"East along said Southwesterly R-O-W line of Park Lane; 1131.62 feet to the
Northwesterly R-O-W line of West Ninth Street; thence South 40°10'00" West along said Northwesterly RO-
W line of West Ninth Street, 155.85 feet; thence Southwesterly along said Northwesterly R-O-W line of West
Ninth Street, being a tangent curve concave Southeasterly and having a radius of 450.08 feet, an arc distance of
315.66 feet; thence South 00°01'00" East along the Westerly R-O-W line of West Ninth Street, 154.11 feet to
the Southeast corner of Lot 22, Brookridge in the City of Waterloo, Black Hawk County, Iowa; thence South
89°31'11"West along the South line of said Lot 22,200.00 feet to a point on the East line of Tract A,Southbrooke
in the City of Waterloo,Black Hawk County,Iowa;thence South 00°01'00"East along the East line of said Tract
A, 600.00 feet to the Southeast corner of said Tract A and the Northerly R-O-W line of Southbrooke Drive;
thence South 89°31'11" West along said Northerly R-O-W line of Southbrook Drive, 270.00 feet to the
Southwesterly line of Tract B,Southbrooke;thence North 48°40'57"West along said Southwesterly line of Tract
B, 570.95 feet to the Southeasterly R-O-W line of Brookeridge Drive; thence North 42°39'00"East along said
Southeasterly R-O-W line of Brookeridge Drive,242.00 feet to the Northeasterly R-O-W line of Fairlane Avenue,
65.62 feet;thence Northwesterly along said Northeasterly R-O-W line of Fairlane Avenue,being a tangent curve
concave Northeasterly and having a radius of 300.71 feet,an arc distance of 248.51 feet;thence North 00°00'00"
East along the Easterly R-O-W line of Fairlane Avenue, 0.97 feet to the Southwest corner of said Lot 151,
Southaven First Addition; thence North 89°33'00"East along the South line of said Lot 151, 130.00 feet to the
point of beginning,and also
Beginning at the Northwest corner of Lot 1, Brookeridge in the City of Waterloo, Black Hawk County, Iowa;
thence North 89°31'11"East along the North line of said Lot 1, 193.01 feet to the Northeast corner of said Lot
1; thence North 00°01'00" West, 290.08 feet to the Southwesterly R-O-W line of Park Lane; thence North
57°43'00"West along said Southwesterly R-O-W line of Park Lane, 5.44 feet to the Southeasterly R-O-W line
of West Ninth Steet;thence South 40°10'00" West along said Southeasterly R-O-W line of West Ninth Street,
166.93 feet; thence Southwesterly along said Southeasterly R-O-W line of West Ninth Street, being a tangent
curve concave Southeasterly and having a radius of 370.08 feet, an arc distance of 187.52 feet to the point of
beginning.
The East line of"Southaven First Addition"to the City of Waterloo,Black Hawk County,Iowa is assume to bear
North 00°00'00" East and the North line of Lot 1, Brookeridge in the City of Waterloo, Black Hawk County,
Iowa is assumed to bear North 89°31'11"East.
5
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 LOAQ-t�±. (( ,2023 by Brad Morris, as
Chair of Friends of Faith Retirement Homes, Inc. C
,�"�"Ls,,, LAURA FOLKERTSALL U\I�-
*Commission Number 760527 Notary Public
• My Commission xpires
'Ow /0-21-2g
4
liii H II I II 1111111 U 111 II
Doc ID: 011946930003 Type: GEN
Recorded: 05/23/2023 at 01:11:46 PM
Fee Amt: $17.00 Page 1 of 3
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2023-00015675
OA./ ac i s e-1cc}
Prepared by Seth Hyberger,Planner 1,715 Mulberry St., Waterloo,IA 50703-319-291-4366
AFFIDAVIT
STATE OF IOWA )
)ss.
CITY OF WATERLOO )
I, Seth Hyberger, Planner 1, City of Waterloo, Iowa having been first duly sworn
on oath do depose and state that I have knowledge of the facts contained herein and am
competent to testify to them.
I, Seth Hyberger, Planner 1, for the City of Waterloo, Iowa, supervise zoning
applications and minor plat applications for the City of Waterloo, Iowa.
I received a legal description on behalf of Friends of Faith located at 600 Park
Lane,to vacate and terminate an existing sanitary sewer easement at 600 Park Lane. This
easement vacation was approved by the Waterloo City Council on February 20, 2023, as
ordinance No. 5685 with the description written as follows:
An easement for the construction and maintenance of a sanitary sewer easement over and
across a tract of land 60 feet in width lying 30 feet on each side and extending along a
line described as follows:
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
GRANTED TO THE CITY OF WATERLOO, IOWA, BY HELEN BOND, FERN
MCCLANNAHAN, AND JESSIE B. KING, DATED NOVEMBER 13, 1961, AND
RECORDED WITH THE BLACK HAWK COUNTY, IOWA RECORDER ON
NOVEMBER 24, 1961, IN MISC. BOOK 136, PAGE 597.
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 23, BROOKERIDGE ADDITION
CO) 3
i
TO PARK LANE, EXCEPT THE ADJACENT 8' THEREFOR 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.
It has been brought to my attention, that a scriveners error has occurred in the
legal description of one easement vacation of Ordinance No. 5685. Where it states ...
"the North Line of Lot 23 Brookeridge Addition to Park Lane, except the adjacent
8' therefor"...
The legal description should state:
..... "the North Line of Lot 26 Brookeridge Addition to Park Lane, except the
adjacent 8' thereof"..."...
Moreover, said identical scriveners error was perpetuated in the legal description
the Resolution No. 2023-108, recorded on February , and written as follows
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 23,
BROOKERIDGE ADDITION TO PARK LANE, EXCEPT THE ADJACENT 8'
THEREFOR 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.
Where it states:
..... the North Line of Lot 23, Brookeridge Addition to Park Lane, except the
adjacent 8'therefor....
The legal description should state:
..... "The North Line of Lot 26 Brookeridge Addition to Park Lane, except the
adjacent 8' thereof"..."...
Finally, A Plat of Survey was prepared for said above parcel, given a Parcel letter of
"A", as approved by the Black Hawk County Auditor's Office, with a legal description in
the form of a"metes and bounds" description. Said Plat of Survey will be recorded and
is a representation of the corrected legal description as stated above.
No other changes are offered at this time.
Seth Hyberger
Subscribed and sworn to before me this 2b day of Apri 202 '
IM ANDERA Notary lic in and e State of Iowa
2 COMMISSION NO.772518
*ma* MY COMMISSION EXPIRES
' ik APRIL.11,2024