HomeMy WebLinkAboutGreiman - (RECORDED) Permanent and Temporary Easement - 4.15.2024 = 2024-16638
RECORDED:07/01/2024 10:56:49 AM
RECORDING FEE:$22.00
REVENUE TAX:$
COMBINED FEE:$22.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
et Prepared by: Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703—(319)291-4366
PERMANENT AND TEMPORARY EASEMENT AGREEMENT
This Permanent and Tempo ary Easement Agreement(the "Agreement") is entered into as
of /4 r l l5 , 202 by and between Dustin L. Greiman and Amber M. Greiman
("Grantor"), and the City of Waterloo, Iowa("Grantee").
1. Grant of Permanent and Temporary Easement. In consideration of the
mutual promises and covenants contained herein, and for other good and valuable
consideration in the amount of$1,785.87, the receipt and sufficiency of which is hereby
acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does
hereby accept, a permanent and temporary easement for purposes relating to construction
of the Improvements (the "Permanent and Temporary Easement") in, to, upon, over,
across, and beneath the real estate (the "Permanent and Temporary Easement
Premises") as set forth on Exhibit "A" attached hereto and by this reference made a part
hereof. The Permanent Easement shall run with the land and be binding on the Grantor,
or any transferees, successors and assigns. The Temporary Easement shall expire upon
conclusion of all construction, cleanup, and demobilization activities upon the Premises
and adjacent land, or October 30, 2025, whichever occurs first.
2. Purpose. The Permanent and Temporary Easement Premises is intended
for use by Grantee, its employees, contractors and agents, to construct a sanitary sewer
main on the property in question south of East Orange Road (the "Improvements"). It is
the intention of the parties that Grantee shall assume all responsibility for the construction
of the Improvements adjacent to the Premises, and that Grantor shall have no liability
relating to the Easement or 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
Permanent and Temporary Easement Premises to Grantee, "as is, where is", without any
representation or warranty as to the condition of same. Grantor shall have no duty to
prepare the Permanent and Temporary Easement Premises in any way for Grantee's use.
Following transfer of possession of the Permanent and Temporary Easement Premises,
Grantor shall have no further duty or obligation with respect to same, except as set forth
herein. Grantor may mow or care for grasses, vegetation, or crops growing in the
Permanent and Temporary Easement Premises during the period of the Temporary
Easement of this Agreement, but may not conduct other activities upon the Permanent
and Temporary Easement Premises without the prior written consent of Grantee. Grantor
agrees that any activities that Grantor, its officers, employees, contractors or agents
undertake on the Permanent and Temporary Easement Premises during the term of the
Temporary Easement shall be at their sole risk, and Grantor hereby agrees to indemnify
Grantee, its officials, officers, employees, contractors and agents, with respect to any and
all claims for injuries, death, property damage, property loss, crop damage, crop loss, or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Permanent and Temporary Easement Premises
during the term of the Temporary Easement. After construction of the Improvements is
complete, Grantee will be responsible for any damages to the property, including crop
damage or crop loss, arising out of any maintenance activity within the Permanent
Easement Premises, and will restore the property similar to pre-damage condition.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
DUSTIN L. GREIMAN CITY OF WATERLOO,IOWA
By: L� �
Quentin M. Hart,Mayor
AMBER M. GREIMAN
611111.MU011ik Attest: 0(
Kelley F hle, City Clerk
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on`fritit cfli awl , 2024 by Dustin L. Greiman and Amber
M. Greiman as Owners.
-sys"'e TRACIA S ROSS
,, r COMMISSION NO.811963
'_ * MY COMMISSION EXPIRES /1-1449-J7J---)
rowp 57- ss 2 D7-J4
Notary Public
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on I I'7 , 202Y, by Quentin M. Hart and
KelleyFelchle as Mayor and CityClerk'respectively, of the of Waterloo, Iowa.
Y � City
pPRIA�sF toRmclTNI CERKINS* ��" �rOMMISOS ON EXP RES
IOWA JANUARY 27,2026 No is
Exd b I,+- ic4I'
Index Legend
Location NW 114, SEC. 22,T88N, R13W
Description: City of Waterloo,
Black Hawk County, Iowa
Requestor: Noel Anderson, City of Waterloo
Proprietor: Dustin L. Greiman
Surveyor: William W. Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street,Waterloo, IA 50703
Return To: 715 Mulberry St,Waterloo, IA 50703 (319) 291-4312
Plat of Easement
Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian
City of Waterloo, Black Hawk County, Iowa
•
Permanent Easement Description:
A permanent easement for the installation and maintenance of sanitary sewer,over,under,upon,and across the south 15 feet of the north
55 feet,of the Northwest Quarter(NW 1/4),Section 22,Township 88 North,Range 13 West of the 5th Principle Meridian,City of Waterloo,
Black Hawk County,State of Iowa,except the west 750 feet thereof,and except that part lying east of the west line of Iowa State Highway
No.21,containing 26,762 square feet(0.614 acres more or less).
Temporary Easement Description:
A temporary easement for the installation and maintenance of sanitary sewer,over,under,upon,and across the south 35 feet of the north
55 feet,of the Northwest Quarter(NW 1/4),Section 22,Township 88 North,Range 13 West of the Sth Principle Meridian,City of Waterloo,
Black Hawk County,State of Iowa,except the west 750 feet thereof,and except that part lying east of the west line of Iowa State Highway
No.21,containing 62,370 square feet(1.432 acres more or less).
This Plat or urvey is of a division of land.
1•1/47/245lf/
Signature of Surveyor Date
I hereby certify that this surveying document was prepared Survey Notes:
and the related survey work was performed by me or under 1. The Bearings shown on this survey are derived from GPS
-0 eo a.4, li my direct personal supervision and that I am a duly licensed observations using the Iowa State Plane Coordinate System,
@�°° °o // Land Sury or and the laws of the State of Iowa. North Zone,NAD 83(2011).
cP /
o o // 2. All dimensions are in US Survey feet and decimals thereof.
iCO ®• W. go' 17/Z i 3. Easement area:89,132 square feet(2.046 acres).
Z ® ® n
CASTLE
va 19715 ®OY William W.Castle,PLS Date
o° b % License Number 19715
* °°o 0 0 0° * My License Renewal Date is December 31,2023.
t‘ IOWA
Pages or sheets covered by this seal: �
City of Waterloo Engineering Department Drawn By: WWC Chkd By: WWC Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work: 5-2-203 1 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn: 5-24-2023 — —
Plat of Easement
Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian
City of Waterloo, Black Hawk County, Iowa
Survey Notes:
1. The Bearings shown on this survey are derived from GPS
observations using the Iowa State Plane Coordinate System,
North Zone,NAD 83(2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Permanent easement area:26,762 square feet(0.614 acres).
4. Temporary easement area:62,370 square feet(1.432 acres).
Plat Legend:
• Found Monument
O Set 5/8"x 24"Reber w/Blue
Cap"Iowa-19715" WEST LINE NW 1/4,NW 1/4,SEC.22
® Cut"X"in concrete,found or set
♦ Found section corner monument (N 0°09'02"W 1,321.20')
A Set section corner monument
123.45' Record Measurement
1123.43) Field Measurement
C:Orn(nCn Z Cmrnz
z D commm� -2 -z" z cnom �
'r0 D KN3C7 O o o 1—K- -'
150 300 03z > )� 8 g g N cn m0Nn
0 Z �Co m N N N N) 0 Z co Li
Scale:1 inch=300 feet C H w m Z O F w z
Pcnm W s 1> o O 0z m
NmZ - O O O CO .Z-1 iv
O x .A O O O v I CD
N D m Z rn m ' m
N
Z1
W m 'A v *
Tm � ^ v
yAIv �
—I Z %Ai '3 cn m
00 N
CO sa.
-u 0)mN
_
0
rD
z--I
mm
• z
ti ,
N
N
Z, "1I N O O
m 0
(n z X 0
m , m cr, o {
co a, J co
W "0
N ' N W m m
DX
NN. 1 mD, m
z
N o
W
Co , . m
a
mm
� „,,,-, 4:
ti
m CA.) ,N)
m � � �
73m
cn WO--I-I CO J
cnms 0* r- . - cn m
w4' O
-r° D0 �rmnm m_ COco 0 P
cn-� w �� 0) cm ;N M' 0
00rn -° ZD Km vN 4' O CmZ
Onrrnn mO �. o � =0
Nan N mN co oD0
oON D N � � O � v4 co �n�73
W ZN i oA rTIOmrZrl
- v w m o N O m
� m rDn �� N Wn2�
o � w O-I N) {' �o (7n
Om r, - � fin)
I)(n W W Cn N
m-,-A - W�OWo
a,ik NORTH/SOUTH CENTERLINE j (N 04°45'00" 1+1 21
I m•`O x W
SEC.22,T88N,R13W —\... I E 653.45')
I
1--
-
I� (N 0°31'05"W3,513.6') (N 0°31'05"W 651.47')I a
NCO CENTERLINE IOWA HIGHWAY NO.21 PER �/A HWY No. 21 v IA HWY 21 c(20.9')
+ o LAND DEED BOOK 123 PAGE 317 Co -Co rn N EAST OF N 1/4
S" w -, a o a o w CORNER
I W u 0) A J ? O .�
Cr, --4N
m SE CORNER SEC.22-88-13 0 o m
FD.#5 REBAR IN PAVEMENT PER Q.
g I NE CORNER SEC.22-88-13
r�� USPLSSCC DOC.2003-1650 ��--FD.#4 REBAR IN HMA PER
USPLSSCC DOC.2017-15850
City of Waterloo Engineering Department Drawn By: WWC Chkd By: WWC Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work: 5-2-203 2 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:5-24-2023 — —
Index Legend 2024-16636
Location NW 1/4, SEC. 22,T88N, R13W RECORDED:07/01/2024 10:56:47 AM
Description: City of Waterloo, RECORDING FEE:$12.00
ENUE TAX:$
Black Hawk County, Iowa COMBINED FEE:$12.00
SANDIE L.SMITH,RECORDER
Requestor: Noel Anderson, City of Waterloo BLACK HAWK COUNTY,IOWA
Proprietor: Dustin L. Greiman
Surveyor: William W. Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street,Waterloo, IA 50703
Return To: 715 Mulberry St,Waterloo, IA 50703 (319) 291-4312
Plat of Easement
Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian
City of Waterloo, Black Hawk County, Iowa
Permanent Easement Description:
A permanent easement for the installation and maintenance of sanitary sewer,over,under,upon,and across the south 15 feet of the north
55 feet,of the Northwest Quarter(NW 1/4),Section 22,Township 88 North,Range 13 West of the 5th Principle Meridian,City of Waterloo,
Black Hawk County,State of Iowa,except the west 750 feet thereof,and except that part lying east of the west line of Iowa State Highway
No.21,containing 26,762 square feet(0.614 acres more or less).
Temporary Easement Description:
A temporary easement for the installation and maintenance of sanitary sewer,over,under,upon,and across the south 35 feet of the north
55 feet,of the Northwest Quarter(NW 1/4),Section 22,Township 88 North,Range 13 West of the 5th Principle Meridian,City of Waterloo,
Black Hawk County,State of Iowa,except the west 750 feet thereof,and except that part lying east of the west line of Iowa State Highway
No.21,containing 62,370 square feet(1.432 acres more or less).
This Plat or urvey is of a division of land.
7/2zy
Signature of Surveyor Date
I hereby certify that this surveying document was prepared Survey Notes:
�`�SSION.4 /\`_t� and the related survey work was performed by me or under 1. The Bearings shown on this survey are derived from GPS
O ee°°a°eeo i t, my direct personal supervision and that I am a duly licensed observations using the Iowa State Plane Coordinate System,
Q"ce° Land Sury or and the laws of the State of Iowa. North Zone,NAD 83(2011).
o e WILLIAM N 2. All dimensions are in US Survey feet and decimals thereof.
Z oe e 44'17/u,Lki 3. Easement area:89,132 square feet(2.046 acres).
CASTLE e m ,r
J e 19715 ; 75 William W.Castle,PLS Date
i) °° e° -b „ License Number 19715
* e°°°°°° * My License Renewal Date is December31,2023.
t �\\ \O W A,,` Pages or sheets covered by this seal:
City of Waterloo Engineering Department Drawn By: WWC Chkd By: WWC Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work: 5-2-203 1 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn: 5-24-2023 — —
Plat of Easement
Northwest Quarter, Section 22, Township 88 North, Range 13 West of the 5th Principle Meridian
City of Waterloo, Black Hawk County, Iowa
Survey Notes:
1. The Bearings shown on this survey are derived from GPS
observations using the Iowa State Plane Coordinate System,
North Zone,NAD 83(2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Permanent easement area:26,762 square feet(0.614 acres).
4. Temporary easement area:62,370 square feet(1.432 acres).
Plat Legend:
• Found Monument
O Set 5/8"x 24"Rebar w/Blue
Cap"Iowa-19715" WEST LINE NW 1/4,NW 1/4,SEC.22
El Cut"X"in concrete,found or set I e� /�
A Found section corner monument V (N 0°09'02"W 1,321.20')
0 Set section corner monument
123.45' Record Measurement
(123.45) Field Measurement
C 710O)O) Z c-n cn z
z
cnmmm
73K � n * z z z co �'0`-
150 300 u z > N � c 0 N 0DNA
n Z O 13 Z O O O N o Z m O 0 O rn_ m N N N 0
Scale:1 inch=300 feet o
OmA z m z oFWm
_ cr, c„ o o X P Z J
N m Z - O O O b -1 N 1
0x1 = A O o o v I NK
W �v z ^^ Z _ n m o, m
L.) :0 A `J � z
J
V
N ~ a
CA) ..N.) co
—1 _ n p
OD OD Z N
z 4. rnr
m ZI
-o 0cn
A O m ,
A -Iv O
r_
Z-DI
mm
z
co
9
N
-_ N
N W A
m 00
O
0
cn Z No, O
CO m
0 (D V O
_o CO
CO 0
N N -0 m
N N v O r-
m m D
N o
V CO
COco
A �
o m
(n 0) CD 0
mm
7 1.................... .„.................>
n -4.
] N
m Ca N
o m OD
c� cn WO--Ii CO -aC
O r
Z ,�
vc° A O-02 w � o 0
4,
C0 ivX0 D1 j =
cnXj 61N 00Zz c, rm mv
0 z_ mmN o cm
cn 1-
z
O DoOx x Co cn-,ZAO n m Z- A 1- Im CD W o (n Cann m
K.)
O N D a v o 8 a 0 D 0
Xi
o Z N I o A �; m n m Z
imp D oo N Comm
_ O� �
O .m CO j ....J N W P Z co
m
n0 * � oOc�
§ mI',-) � vrnN
Z — (O- (n (n N
m
AAA I '-'- � am93
ik NORTH/SOUTH CENTERLINE L
(N 04°45'00"E 653.45' 1SEC.22,T88N,R13W --\_ )
N--_-
(N 0°31'05"W 3,513.6') (N 0°31'05"W 651.47')
13 2 CENTERLINE IOWA HIGHWAY NO.21 PER _IA HWY No. 21 I n, IA HWY 21 4.(20.9')
o LAND DEED BOOK 123 PAGE 317 Z in cn in 0 EAST OF N 1/4
cn cm
as oa ow CORNER
W (T A A V N
cn Cn
m SE CORNER SEC.22-88-13 00 oIL v m
FD.#5 REBAR IN PAVEMENT PER sc I NE CORNER SEC.22-88-13
P USPLSSCC DOC.2003-1650 �-..--FD.#4 REBAR IN HMA PER
USPLSSCC DOC.2017-15850
City of Waterloo Engineering Department Drawn By: WWC Chkd By: WWC Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work: 5-2-203 2 of 2
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:5-24-2023 — —
Prepared by:Aric Schroeder,City of Waterloo.715 Mulberry Street,Waterloo,IA 50703—(319)291-4366
PERMANENT AND TEMPORARY EASEMENT AGREEMENT
This Permanent and Temp ary Easement Agreement(the"Agreement")is entered into as
of/Awl /9 , 202d by and between Dustin L. Greiman and Amber M. Greiman
("Grantor"),and the City of Waterloo,Iowa("Grantee").
1. Grant of Permanent and Temporary Easement. In consideration of the
mutual promises and covenants contained herein, and for other good and valuable
consideration in the amount of $1,78587, the receipt and sufficiency of which is
hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee
does hereby accept, a permanent and temporary easement for purposes relating to
construction of the Improvements(the"Permanent and Temporary Easement") in, to,
upon, over, across, and beneath the real estate (the "Permanent and Temporary
Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference
made a part hereof. The Permanent Easement shall run with the land and be binding on
the Grantor, or any transferees, successors and assigns. The Temporary Easement shall
expire upon conclusion of all construction, cleanup, and demobilization activities upon
the Premises and adjacent land, or October 30, 2025, whichever occurs first.
2. Purpose. The Permanent and Temporary Easement Premises is intended
for use by Grantee, its employees, contractors and agents, to construct a sanitary sewer
main on the property in question south of East Orange Road(the"Improvements"). It is
the intention of the parties that Grantee shall assume all responsibility for the construction
of the Improvements adjacent to the Premises, and that Grantor shall have no liability
relating to the Easement or 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
Permanent and Temporary Easement Premises to Grantee, "as is, where is", without any
representation or warranty as to the condition of same. Grantor shall have no duty to
prepare the Permanent and Temporary Easement Premises in any way for Grantee's use.
Following transfer of possession of the Permanent and Temporary Easement Premises,
Grantor shall have no further duty or obligation with respect to same, except as set forth
herein. Grantor may mow or care for grasses, vegetation, or crops growing in the
Permanent and Temporary Easement Premises during the period of the Temporary
Easement of this Agreement, but may not conduct other activities upon the Permanent
and Temporary Easement Premises without the prior written consent of Grantee. Grantor
agrees that any activities that Grantor, its officers, employees, contractors or agents
undertake on the Permanent and Temporary Easement Premises during the term of the
Temporary Easement shall be at their sole risk, and Grantor hereby agrees to indemnify
Grantee,its officials,officers,employees, contractors and agents,with respect to any and
all claims for injuries, death, property damage, property loss, crop damage, crop loss, or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Permanent and Temporary Easement Premises
during the term of the Temporary Easement. After construction of the Improvements is
complete, Grantee will be responsible for any damages to the property, including crop
damage or crop loss, arising out of any maintenance activity within the Permanent
Easement Premises, and will restore the property similar to pre-damage condition.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
DUSTIN L. GREIMAN CITY OF WATERLOO,IOWA
jatzf:Let: By:
Quentin M.Hart,Mayor
AMBER M.GREIMAN
64M-MOVIt Attest: Kelley F hle,City Clerk
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on�.p,,,,
g 1 Y atCh 9R , 202/,by Dustin L. Greiman and Amber
M.Greiman as Owners.
"AL et: TRACIA S ROSS
* COMMISSION N0.811983
* * MV ISSION EXPIRES
Nw' 320:71f
Notary Public
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on / !'7 , 202Y, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk;respectively,of the City of Waterloo,Iowa.
6sol's„, BRITNI C PERKINS
z ® � COMMISSION NO.84.5529
#mm m* MY COMMISSION EXPIRES NO C
IOWA JANUARY 27,2026