HomeMy WebLinkAboutClub Car Wash (CCW) (RECORDED) SS Easement Agrmnt.-10.16.2023 111111111111111111111111111111111111111111111111111111111111111
III IIIII IIII III!
Doc ID: 012027690005 Type: GEN
Recorded: 10/27/2023 at 03:53: PM Fee Amt: $27.00 Page 1 of 5
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
File2024-00005 708
l.13aclo 0
Prepa?ed by Christopher S.Wendland, P.O. Box 569, Waterloo, IA 50703. (319)234-5701
SANITARY SEWER EASEMENT
Whereas, in 1972 the City of Waterloo, Iowa("City") constructed a certain underground sanitary
sewer line across and beneath a portion of real property now owned by Club Car Wash Waterloo,
LLC ("CCW"), which at the time of construction was road right-of-way; and
Whereas, in 1985 City vacated a portion of the road right-of-way but neglected to reserve an
easement for the sanitary sewer line,but because said line continues to exist and operate the parties
now desire to provide for such an easement on the terms and conditions set forth herein.
Now, therefore, CCW does hereby grant and convey unto City a permanent sanitary sewer
easement in, upon, over, beneath and through the property in the City of Waterloo, Black Hawk
County, State of Iowa, described as set forth on Exhibit "A" attached hereto (the "Easement
Area"), for the purpose of constructing, installing, operating, inspecting, maintaining, repairing,
removing and replacing such pipes, conduits, infrastructure, and other sanitary sewer facilities as
City deems necessary or prudent in the public interest. In the exercise of the easement rights
granted herein, City, its officers, employees, contractors, and agents, shall have reasonable rights
of ingress and egress over, across, and upon the Easement Area for the purposes described above.
Notwithstanding anything to the contrary contained herein, CCW is permitted to pave any portions
of the Easement Area and make other improvements as indicated on an approved site plan. City
shall restore any such paved surfaces and impro:;(emen1s, but no other improvements made by
CCW, located on the Easement Area that City damages or removes in the exercise of its rights
provided herein, to the state that existed prior to the City's exercise of its rights. Moreover, in
exercising its rights provided herein, City shall use commercially reasonable efforts to avoid
interfering with the operations of business on the Easement Area and CCW's property adjoining
the Easement Area.
This easement 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. This instrument may not be
modified except by the mutual written agreement of both parties. This instrument may be
executed in multiple counterparts.
5
IN WITNESS WHEREOF, the undersigned has caused this Sanitary Sewer Easement to
be executed as of OC r be' (( , 2023.
OWNER:
CLUB CAR WASH WATERLOO, LLC, an
Iowa limited liability company
By: l/L 5.-Z;L
Roland
o d S. Bartels
President
STATE OF y{w (
) ss.
COUNTY OF Bo i\e, )
This instrument was acknowledged before me on QC-bey (a , 2023 by Roland S.
Bartels as President of Club Car Wash Waterloo, LLC.
Tiffany Boyd
Notary Public-Notary Seal otar li In and for said State
STATE OF MISSOURI
Commissioned for Boone County
My Cnmmisaion Expires:12/12/2026
m.#22587451 My Commission expires 1).-(g•2.024
2
EXHIBIT A
LrLS�tL LLSC.. e-r7 hJ o c
S i Sew
3
Page 1 of 2
- - - - - -- - --1
Plat of Survey
Parcel"M"
Part of the SW 1/4, SW1/4
Section 2-T88N-R13W
Waterloo, Iowa
ct
al
Index Legend
Description:SW 1/4,Section 2-TB8N-R13W ci
Surveyor: Matthew Kofta,PLS 22561 o
Company: 'Al Engineering 11 ll
1501 Technology Parkway,Suite 100
Cedar Falls,IA 50613
319-266-5829
Proprietor: Menard,Inc.
Survey Requested by:Eric Kirchner with Cochran Engineering A
This Plat of Survey has been iewed b the City of Waterloo
•
v4,r/J2(
Signet r o City of Waterloo Date
el"M" Ordinance Administrator
Legal Desc
That part of the SW 1/4, 4,Section 2,Township 88 North,Range 13 West of the 5th P.M.,Waterloo,Black Hawk Count Date
described as follows:
Commencing at the Southwest corner of said •thence N00°22'32"E 428.57 feet along the e of said SW 1/4;thence
S89°37'28'E 33.00 feet to the East right-of-way of Hamm venue and the Point o ng;thence S89°37'28"E 15.65 feet;
thence S66°51'00"E 257.55 feet;thence S41'13'27"E 63.24 feet to arty right-of-way of East San Maman Drive;thence
S48'46'33`W 63.45 feet along said Northwesterly right-of-w • ce along orthwesterly right-of-way,Southwesterly 180.87
feet along a 328.10 foot radius curve,concave sterly,said curve having a long of 178.59 feet that bears S64'34'06"W;
thence S80'24'11"W 50.81 feet alo orthwesterly right-of-way to the East right-of-way o and Avenue;thence
N49'51'00"W 25.80 fe said East right-of-way;thence N00°22'32"E 227.93 feet along said East rig ;thence
N81°22'23" . feet along said East right-of-way;thence N00°22'32"E 28.76 feet along said East right-of-way to int of
trig,containing 1.112 acres.
30'Wide Access Easement
Legal Descn
A 30 foot wide access easem that part of the SW 1/4,SW 1/4,Secti nship 88 North,Range 13 West of the 5th
P.M.,Waterloo,Black Hawk County,Iowa ' ed as follows:
Commencing at the Southwest corner of said S , e °22'32"E 428.57 feet along the West line of said SW 1/4;thence
S89°37'28"E 33.00 feet to the East ' - ay of Hammond Avenue oint of Beginning;thence S89°37'28"E 15.65 feet;
thence S66'51'00`E 2 ;thence S41'13'27"E 63.24 feet to the Northwes ' t-of-way of East San Marnan Drive;thence
N48°46'3 " . eet along said Northwesterly right-of-way;thence N41'13'27"W 70.06 ee, e N66°51'00"W 270.41 feet;
e N89°37'28"W 21.69 feet to the East right-of-way of Hammond Avenue;thence S00'22'32"W 30. ng said East
right-of-way to the Point of Beginning,containing 0.240 acres.
New Sanitary Sewer Easement
Legal Description
A sanitary sewer easement being that part of the SW 1/4,SW 1/4,Section 2,Township 88 North,Range 13 West of the 5th P.M.,
Waterloo,Black Hawk County,Iowa described as follows:
Commencing at the Southwest corner of said SW 1/4;thence N00°22'32"E 169.41 feet along the West line of said SW 1/4;thence
S89°37'28"E 50.00 feet to the East right-of-way of Hammond Avenue and the Point of Beginning;thence N71°19'19'E 262.78 feet to
the Northwesterly right-of-way of East San Maman Drive;thence S48°46'33"W 23.72 feet along said Northwesterly right-of-way;
thence along said Northwesterly right-of-way,Southwesterly 180.87 feet along a 328.10 foot radius curve,concave Northwesterly,
said curve having a long chord of 178.59 feet that bears 564°34'06"W;thence S80'24'11 W 50.81 feet along said Northwesterly
right-of-way to the East right-of-way of Hammond Avenue;thence N49°51'00'W 25.80 feet along said East right-of-way to the Point
of Beginning,containing 0.149 acres.
Notes:
1.)Bearings are based on the Iowa Regional Coordinate System,Zone 5,NAn83 2011
2.)All dimensions are in US Survey feet and decimals thereof.
3.)The error of closure Is better than 1:10,000
4.)Field work was completed:06/30/2020
5.)Parcel Letter"M"was assigned by the Black Hawk County,Iowa Auditor's Office.
6.)Parcel Area:1.112 acres in the SW 1/4-SW 1/4 of Section 2-T88N-R13W.
I hereby certify that this land surveying document was prepared end
he
"=`illlltl4liyr , personal supervision ed survey and that l am a dulyrk was performed y me or under my direct
• licensed Land Surveyor
I_a"•''•-0 e. under the laws e P Iona.
=t`L: Matthew A. =
g Kofta
°' 22561 : Matthew A.Kofta,P.L.S.
••.• ,•'1;c License number 22561 - �v
IOWA My license renewal date Is December31,2020 Dete
ryr5rra7t111ItIPthe Pages or sheets covered by this sear "2
page
t/2
CC) VJ Engineering Parcel "M" scale
1501 Technology Parkway Part of the SW 1/4, SW 1/4 dra by
c-.1 \111
Cedar Falls, Iowa 319-266-5829
5829 Section 2-T88N-R13W date
7/2e/2a
Page 2 of 2
1
Plat of Survey NORTH
Parcel "M"
Part of the SW 1/4, SW 1/4
S89°37'28"E Section 2-T88N-R13W
33.00' Waterloo, Iowa
Z---—7\.
Fnd 1"0 Pinch Pipe(Utilized)&
w w Fnd 3/4"0 Pinch Pipe N26°01'13"E 0.14'
N to N o
•
N m N
8 c] O m
O
z M z N89°37'281W
r" 21.69' '
N O
O O 1
o co 6 '\ _� S89°37'28"E
\15.65'
S89°37'28"E \ \
• 33.00' • •Set MAG Nail \
Set'OC' /
\�/\ hss sr
z> •
oQcoly
New 30'Access\ r
• • Easement \
lo iV to:W �- S66 S7' \
N N o Point of Beginning ?S>SOOF \ S48°46'33"W
N O Parcel"M"& S� \ 41.54'
0 0 30'Access Easement \ (S48°24'54"W)
z z Set"X"
\`'-
N81°22'23"W -
17.18' \ 2
(N81°45'26"W) Set psi
East R-O-W •MAG Nail \0 2c�j
NI m Hammond Avenue Patent(534 LD 570) LP G• -
A \ /
Parcel"M" s '�, /J` e
Q P On, 48,481 sq.ft.(1.112 acres) ��
vZ nr
mom, -0 N N No Buildings Observed /
r 0 uur
U)N
2 0 E N a / / • Set�,X„•
E
y 2 Z 0 0 -----
a)N z z / N48°46'33"E
S48°46'33"W 30.00'
/ 23.72'
/
50' — / / • S48°46'33"V11
Point of Beginning
• o Easement ewer91 fir / / t\ 19 E / / (54863.4524'S4"VV)
N m o / N 262.%
o v o ----
0 /
ON
• z / / ....,...—• \AO EP en`ent
as
/ Seder Northwesterly R-O-W
N49°51'00"W 25.80'
East San Marnan Drive
• (N49°59'48"W 25.71') R-O-W per
S89°37'28"E Ordinance No.3390
50.00' Fnd 1/2"0 Rebar L=180.87 dated 5/6/1985
Fnd 1/2"0 Rebar w/Yellow Cap#7811 R=328.10'
w/Yellow Cap#7811 Drive C= V'
Marnan S64°34 VV
'06'06"
S80°24'11'W 50.81' East Fa0ota9e Road
(S80°00'00"W 50.84')
w
[V-
M a
(V
N m
ri
° ,-
co r
O
Z
Feature Legend
O Set 5/8"0 x 24"Rebar
Point of Commencement w/Orange Cap L.S.#22561
SW Corner
Section 2-T88N-R13W • Property Corner Found
I Fnd 1/2"0 Rebar A Set Section Corner
A per File No.2018-12726 ® Section Corner Found
100.00' Dimension of Survey
(100.00') Dimension of Record
0 25 50 100
I Page
cale
co VJ Engineering Parcel "M" 1�=
o V110.)
1501 Technology Parkway part of the sw /a, sw 1/a drawMX by
Cedar Falls, Iowa — 319-266-5829 SectIon 2—T88N—R13W ,�ataau1