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HomeMy WebLinkAboutFriends of Faith Retirement Homes, Inc. - Sanitary Sewer Easement and Encroachment Agmnt - 2.20.2023 (RECORDED) 11111111111 III IIII 1111 III 11111111111 II Doc ID: 011946920006 Type: GEN Recorded: 05/23/2023 at 12:53:49 PM Fee Amt: $32.00 Page 1 of 6 Black Hawk County Iowa SANDIE L. SMITH RECORDER File2 02 3-000 1 5 6 74 a_ 2ec\c-c Prepared by/Return to:Elizabeth L.Souer,115 3'd St.SE,P.O.Box 2107,Cedar Rapids,IA 52406-2107,(319)365-9461 SANITARY SEWER EASEMENT&ENCROACHMENT AGREEMENT THIS SANITARY SEWER EASEMENT & ENCROACHMENT AGREEMENT (hereinafter, this "Agreement") is made and entered into as of 7491 Zo Z3, by and between Friends of Faith Retirement Homes, Inc., an Iowa nonprofit corporate (hereinafter, 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, Owner has installed an 18"sanitary sewer(hereinafter,the"Sewer")on Owner's Property as indicated on the Sanitary Sewer Easement Plat attached hereto as Exhibit B (hereinafter,the"Plat")and desires to grant City an easement for access to and maintenance of the Sewer over a portion of Owner's Property as described on the Plat(hereinafter,the"Sewer Easement"); WHEREAS, Owner has proposed building a swimming pool that may encroach over portions of the Sewer Easement where the Sewer has been cased,as indicated on the Plat(hereinafter,the"Encroachment"), and has requested an allowance for the Encroachment;and WHEREAS, Owner is willing to grant the Sewer Easement to City, and City is willing to allow the Encroachment to encroach into the Sewer Easement,all subject to the terms and conditions set forth herein. NOW THEREFORE,in consideration of their mutual promises herein,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,Owner and City agree as follows: 1. Owner hereby grants and conveys to City a permanent easement for the purpose of operating, maintaining,using and reconstructing a sanitary sewer and all necessary appliances and fittings for use in connection with said improvements,together with adequate protection thereof and also a right- of-way with right of ingress and egress thereto, over, through and across the permanent easement area,over the portion of the Owner's Property described as the"(50.00')Sanitary Sewer Easement" as shown on the Plat and by this reference made a part hereof(hereinafter,the "Easement Area"). 2. Owner further grants to City the right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to Owner, and with minimal disruption of area. In the event of such emergency repair, City agrees to restore the surface grade and plant grass seed. Page 1 ( a) 3. City shall promptly backfill any trench made by it,and repair any damages caused by City within the Easement Area,provided,however,that with respect to any Encroachment installed by Owner City shall be liable to repair damage thereto only if caused by the gross negligence or willful misconduct of City. City agrees to indemnify, defend and hold Owner harmless against any and all claims for bodily injury,death or property damage arising out of and/or related to the easement rights granted herein or City's use thereof,except as otherwise limited by this Agreement. 4. Owner and City acknowledge that Owner reserves the right to use said Easement Area for purposes which will not interfere with City's full enjoyment of its rights hereby granted;provided,that Owner shall not erect or construct any building or other structures except as described in Paragraph 5 below; drill or operate any well; construct any reservoirs or other obstructions on said Easement Area; and will not diminish or add to the ground cover over said Easement Area. At its own risk Owner may plant trees and shrubs on the Easement Area, and if damage or destruction of such planting is reasonably necessary in connection with City's exercise of its rights under this Agreement then City shall have no duty to replace it. City further agrees that nothing in this Easement Agreement shall in any way preclude Owner from causing,allowing or permitting utilities to cross the Easement Area. FURTHERMORE,Owner and City agree as follows: 5. City hereby grants Owner the right to place and maintain,at Owner's sole risk,a swimming pool and related improvements in,upon and over the Encroachment area depicted on Exhibit B attached hereto, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or license agreement to and for access over,under and upon said Easement Area,expressly recognizing and acknowledging that any damage that occurs to the Sewer will be the sole risk and expense of Owner, including repair, removal or replacement expenses. Prior to commencing repair or maintenance work to the Sewer located within the Encroachment,City shall notify Owner of the work plans for such repair or maintenance work,except in cases of emergency, in which event City shall notify Owner of such work plans as soon as practicable.City shall not be liable for damage caused to the Encroachment arising from City's exercise of its rights under this Agreement,except for damage caused by the gross negligence or willful misconduct of City. 6. Owner shall protect, defend, indemnify, and hold harmless City and its successors and assigns, and its officers,elected officials,employees,and agents,and any agency to which the City has granted a utility franchise or right-of-way license agreement, from and against any claim, damages, liability and expenses(including,but not limited to,reasonable attorney's fees and costs of litigation)of any type or nature whatsoever,except those arising out of the grossly negligent acts or omissions of the indemnified parties, arising out of the use, maintenance or removal of said Encroachment. This covenant shall survive the termination of this Agreement. 7. This Agreement may be amended only in a written instrument signed by the parties. 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. [Signature pages follow.] Page 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 _1:),L4 Quentin Hart,Mayor STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss: This instrument was acknowledged before me on jJ le , ,by Quentin Hart as Mayor of the City of Waterloo, Iowa. %41111111./.411 .r a Publ'• A BRITNI C PERKINSo 0 Z COMMISSION NO.845529 41.• *.rmrm* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 Page 3 OWNER Friends of Faith Retirement Homes,Inc. fily V: By:Brad Morris Its:Chair STATE OF IOWA ) COUNTY OF BLACK HAWK )ss: This instrument was acknowledged before me on )X- & 2 , by Brad Morris,as Chair of Friends of Faith Retirement Homes, Inc. z/LJJ , ,,,, MICHAEL R.YOUNG Notary Public ,, -Commission Number 731479 •, 'M' My Commission Expires down November 12, 2025 Page 4 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 R-O-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, Brookeridge 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 Southbrooke 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; thence North 47°21'00" West along said 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 Street;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 Southeasterlyand havinga 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 assumed 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. Page 5 Exhibit B LEGAL DESCRIPTION Sanitary Sewer Easement An Easement for sanitary sewer purposes over,under and across that part of the Southwest Quarter (SW 1/4) of Section Three (03), Township Eighty-eight North (T88N), Range Thirteen West (R13W), of the Fifth Principal Meridian, and that part of Tract A and Tract B, Southbrooke, and that part of Lot Twenty-six (26), Brookeridge, all in Waterloo, Black Hawk County, Iowa. Said Easement is Forty (40.00) feet wide lying Twenty (20.00) feet on each side of the following described centerline, which is the current location of Eighteen(18) inch sanitary sewer line: Commencing at the Northeast corner of Lot Forty-two (42) Southaven Addition; thence S58°15'28"E Nine Hundred Twenty-eight and Twenty-three Hundredths (928.23) feet along the South right-of-way line of Park Lane to the point of beginning; thence S27°16'32"W Two Hundred Forty-two and Sixty-seven Hundredths (242.67) feet; thence S54°59'58"W Three Hundred Nineteen and Forty-five Hundredths (319.45) feet; thence S57°23'59"W Two Hundred Two and Sixty-two Hundredths (202.62) feet; thence S41°50'28"W Two Hundred Seventy-one and Five Hundredths (271.05) Hundredths feet; thence S89°36'46"W Fifty-five (55.00) feet to the Northeast right-of-way line of Fairlane Avenue and to the point of termination of aforesaid sanitary sewer easement containing 0.97 acres. The sidelines of said easement shall be lengthened and/or shortened to terminate at said Northeast right-of-way line, the Southeast right-of-way line of said Fairlane Avenue, aforesaid South right- of-way line of Park Lane and as needed to provide a continuous strip.