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HomeMy WebLinkAboutBroadway Limited LC, Permanent Easement Agmnt - 6.20.2023 (RECORDED) liii 11111 1111111111111 III III II I I II Doc ID: 011987720004 Type: GEN Recorded: 08/07/2023 at 03:06:28 PM Fee Amt: $22.00 Page 1 of 4 Black Hawk County Iowa SANDIE L. SMITH RECORDER ii 7 Q Q File2024-00001 / 98 ed �y�Nl(AdPrepbenerson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 PERMANENT EASEMENT AGREEMENT This easement agreement is entered into as of , 2t` , 2023 between Broadway Limited LC (Grantor) and the City of Waterloo, Iowa (Grantee), 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 is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a permanent easement (the "Easement") in, to, upon, over, beneath and across the real estate legally described as set forth on Exhibit "A" attached hereto (the "Premises") for the amount of $826.78. 2. Purpose. The Premises is intended for use by the Grantee, its officers, employees, contractors, and agents, to construct, inspect, maintain, repair, operate and remove certain sanitary sewer and utility improvements (the "Improvements"), together with a right of reasonable ingress and egress thereon. It is the intention of the parties that Grantee shall assume no responsibility for the construction, maintenance and operation of the Improvements made to the Premises, and the Grantor shall have no liability relating to the Easement of the Improvements except as may arise from the Grantor's own negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement Premises to Grantee, "as is, where is", without any representation of warranty as to the condition of same. Grantor shall have no duty to prepare the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other activities upon the Premises without the prior written consent of Grantee. 4. 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 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. 3 (Ba) Broadway Limited LC CITY OF WATERLOO, IOWA By: G /�-Z-`—/-„--Y. By: DA-LeNt.SC-1474-4-1 Quentin M. Hart, Mayor / - v/' Its: + Attest: Kelley F hle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) WIa.Iit4-WI ,J�l ,SS Acknowledged before me on 5 J25/202 3 , by C.'t3 ��e�r.' ( as ?AltrgalE. for Broadway Limited LC. At5N64. CHRISTOPHER HOWLS 1 I VakAAI(/ a��� 2 4"°N COMMISSION NO. 836664 Notary PuSc * MY COMMISSION EXPIRES al IOWA // X.^r/AS STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) 2 Acknowledged before me on .1jdL / l' j �, , by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respecti ely, of the City of Waterloo, Iowa. .,Pa, `. BRITNI C PERKINS - � ° * r COMMISSION NO.845529rAUF z �� *rt , * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 No :r al 4 • \;41// Index Legend 5A44 ! r Location: Parts of the NE 1/4 of the SW 1/4 and the SE 1/4 of the SW 1/4 of Section 10,T 89 N,R 13 W of the 5th P.M.,City of Waterloo,County of Black Hawk,State of Iowa Requestor: City of Waterloo,Iowa Proprietor: Broadway Limited LC j Surveyor: Michael R.Fagle Company: AECOM Michael R.Fagle,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 I Return To AECOM,mike.fagle@aecom.com-319-232-6531 PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT EASEMENT IN THE NAME OF THE CITY OF WATERLOO , IOWA PROJECT PARCEL NO . 99 TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO . 975 WATERLOO , IOWA FOR BEARING-DISTANCE TABLE AND DESCRIPTION AREA PERMANENT EASEMENT = 2599 SQUARE FEET OF WHICH 1821 SQUARE FEET IS EXISTING SANITARY SEWER EASEMENT. AREA OF PERMANENT EASEMENT 778 SQUARE FEET. � OO SEE SHEET 2 OF 2 \1 4 )-( FND . PK NAIL 540, PART OF LOT 24 NE COR . SW 1/4 bc .`� CLOVERDALE ACRES SEC . 10-89- 13W 1 0 <<.. EXISTING 20 ' n \�G• SAN .SEWER I vZ n EASEMENT ' -o se N �-<7 Z N 2;5)913 C Z 0 '� o G 'Qf4tiF� PERMANENT I o /Y/ EASEMENT y /Lq r FND . PINCH ,0 `\..• \.� ® e PIPE gooti . © © — — — — — — — — — — �'l/j�r1,9 .O 40 FND . 1/2" REBAR NE COR . SE 1/4 ��'oqO q< oAgf� 0 SW 1/4 SEC . 10-89-13W �-Ty g0ly P .O .B . lx.STD /0 00 `. PE�F?, .Qqj ` 1 0-10 E LINE OF THE SE 1/4 SW 1/4 tit 34 SEC . 10-89- 13W tx 11 ti0� )1 4<"�G• FND . PK NAIL SE COR . SW 1/4 I SEC . 10-89- 13W V I hereby certify that this Land Surveying 0 50 100 150 200 document was prepared by me or under my direct personal supervision and - III = p,, that 1 am a duly Licensed Land Surveyor - IIIII t25 e****"'••..N and r th law of he State of Iowa. SCALE IN FEET - �� 9-13-2022 V MICHAEL R. '.0' e FAGLE nos MICHAEL R. FAG E Date e License number 8505 "' ,Ov... `,,, My license renewal date Is December 31,2022 AECOM SHEET 1 OF 2 Pages or sheets covered by this seal: THIS SHEET PREPARED BY: MICHAEL R. FAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA, 50703, 319-232-6531 PERMANENT EASEMENT IN THE NAME OF THE CITY OF WATERLOO , IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO . 975 WATERLOO , IOWA Description Permanent Easement Parcel 99: A parcel of land situated in part of the Northeast 1/4 of the Southwest 1/4 and part of the Southeast 1/4 of the Southwest 1/4 all in Section 10, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence North 01° (Degree) 07' (Minutes) 40" (Seconds) West (assumed bearing for the purpose of this description) along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 1289.54 feet to the Point of Beginning; thence North 79°49'28" West, 131.97 feet; thence North 10°10'32" East, 20.00 feet; thence South 79°49'28" East, 127.97 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence South 01°07'40" East along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 20.40 feet to the Point of Beginning. Containing 2599 square feet of which 1821 square feet is existing sanitary sewer easement. Area of permanent easement = 778 square feet. BEARING / DISTANCE PERMANENT EASEMENT 1 TO 2 N 01 ° 07 ' 40 " W 1289.54 2 TO 3 N 79 ° 49 ' 28 " W 131.97 3 TO 4 N 10 ° 10 32 " E 20.00 4 TO 5 S 79 ° 49 ' 28 " E 127.97 5 TO 2 S 01 ° 07 ' 40 " E 20.40 1 TO 6 N 01 ° 07 ' 40 " W 1325.40 6 TO 7 N 01 ° 06 ' 05 " W 1328.43 JAEC0M SHEET 2 OF 2