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HomeMy WebLinkAboutJRL Holding Company, LC -(RECORDED) Permanent Easement Agmnt - 5/6/2024 2025-01744 RECORDED:02/06/2025 02:13:31 PM RECORDING FEE:$27.00 REVENUE TAX:$ COMBINED FEE:$27.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by:Noel Anderson,City of Waterloo,715 Mulberry Street,Waterloo, IA 50703— (319)291-4366 PERMANENT EASEMENT AGREEMENT This easement agreement is entered into as of r`.. (,. 2024 between JRL Holding Company LC(Grantor)and the City of Waterlbo,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"). 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 For JRL Holding Compa CITY OF WATERLOO, IOWA By: Ow.vr<- Y C- 1. Quentin M. Hart, Mayor Attest: Kelle elchle, C t erk STATE OF IOWA ss. BLACK HAWK COUNTY ) Acknowledged before me on L %7 2022f , by as /17 /0&/v /7/t't for JRL Holding Company LC. "At TIM ANDERA I $ COMMISSION NO.772518 * MY COMMISSION EXPIRES .. Notary P Iic ,owlk APRIL 11,2027 ' STATE OF IOWA ) ss. BLACK HAWK COUNTY ) Acknowledged before me on dbli0 g , by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectiv ly, of'the City of Waterloo, Iowa. sy BRIT [� No ublic * ia',,, COMMiS3k T PERKINS\IN iow,� * My COMMI SSIONO' 52s JANUAny212 6IRES 4 a 4 tat ■If EXHIBIT "A" A 5 Index Legend Location: Part of the West 1/2 of Section 14,T89 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: JRL Holding Company LC Surveyor: Michael R.Fagle Company: AECOM Michael R.Fagle,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 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 TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO. 975 WATERLOO, IOWA PROJECT PARCEL 154 AREA PERMANENT EASEMENT = 1131 SQUARE FEET \ �a W.LINE E :\I/2, \. SW I/4,NW I/4� N 044, 9gPERMANENT \ EASEMENT P.O.B aqj6o�!q fNW'LY 1NE PARCEL DESC OPE IN DOC#2012 00870 , HqI © © \sloz. s,,pg4 Rq el \9 01 4,,,yS (O 1- \rb" FND 3/4" IRON PIN EASTERLY R.O.W.LINE •(/ \ "Ps SE COR NW1/4 CANADIAN NATIONAL 'frF' s\°` RAILWAY FKA WATERLOO , Ij SEC. 14 89 13W RAILROAD CO ©� \ \ O — I — — — — — — — — — — —'� — � O SOUTH LINE NWI/4 a • FND. P.O.C. SEC. 14-898-I3W ` \ REBAR FND. 1" METAL MARKER a W/YPC SW COR NW1/4 " 17 #9961 SEC.14-89-13W \ 16 aI A .. • Thorson Avenue 'o 0s4- 15 ro 14 Bearing/Distance Permanent Easement a 3 1 TO 2 N 89 ° 16 ' 14 " E 1283.95 ' 2 TO 3 N 49 ° 16 ' 38 " W 483.36 ' 3 TO 4 N 49 ° 16 ' 38 " W 35.77 ' 4 TO 5 5 40 ° 43 ' 39 " W 38.00 ' 37.00'Record 5 TO 6 R=1457.50' ARC L= 18.42 ' CH=S 25°55'11"E CHL= 18.42 ' 6 TO 3 N 63 ° 19 ' 48 " E 49.07 ' SEE SHEET 2 OF 2 1 TO 7 N 89 16 14 E 2627.31 FOR LEGAL DESCRIPTION Date Signed 12-13-2022 NI hereby certify that this Land Surveying I document was prepared by me or under �1 my direct personal supervision and ill „,,.,,,,,� „,.,,, 0 100 200 300 400 „,O AHD rG.,,, that I the a duly Licensed Land Surveyor _ ,sW; ••Rr�,,, under law of he State of loon. - _ ocoa :o` A / ,r 12-13-2022 SCALE IN FEET a asos MICHAEL R.FAGLE Data • i i License number 8505 `t{}''........, ,,,a %,,,,,,,iowe,,.,,,,., > My license renewal date 1s December 31,2022 ., . „ AECOM Page a or aheeta covered bY thin aealm SHEET 1 OF 2 This SHEET PREPARED BY:MICHAEL R.EAGLE, 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 154: A parcel of land situated in part of East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14,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 Southwest Corner of the Northwest 1/4 of said Section 14;thence North 89° (Degrees)16' (Minutes)14" (Seconds) East(assumed bearing for the purpose of this description) along the South line of the Northwest 1/4 of said Section 14 a distance of 1283.95 feet to the Southwesterly right of way line of Broadway Street; thence North 49°16'38"West along said Southwesterly right of way line, 483.36 feet to the Point of Beginning;thence continuing North 49°16'38"West along said Southwesterly right of way line, 35.77 feet to a Northerly corner of a parcel of land described in Document Number 2012-008870 and recorded in the Office of the Black Hawk County Recorder;thence South 40°43'39"West along the Northwesterly line of said parcel of land 38.00 feet (37 feet record distance)to the Easterly right of way line of the Canadian National Railway(formerly the Waterloo Railroad Company), also being the beginning of a non-tangent curve concave Southwesterly having a 1457.50foot radius and a 18.42 foot long chord bearing South 25°55'11"East;thence Southeasterly along said curve also being said Easterly right of way line, a distance of 18.42 feet; thence North 63°19'48"East,49.07 feet tothe Point of Beginning. Containing 1131 Square Feet. AECOM SHEET 2 OF 2 Prepared by: Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366 PERMANENT EASEMENT AGREEMENT This easement agreement is entered into as of t"`_ L , 2024 between JRL Holding Company LC (Grantor) and the City of Water! o, 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"). 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 For JRL Holding Compa CITY OF WATERLOO, IOWA By: LS I.tiE iitt: ],i`_ Quentin M. Hart, Mayor i Attest: Kelle elchle, t erk STATE OF IOWA ) ss. BLACK HAWK COUNTY ) /�JJ � Acknowledged before me on-�j✓'c'it. /72 2/ , by/4ex/ P f— y' as //r7/3/4 'Aii ,�r7E1?t ' for JRL Holding Company LC. I a0"46. TIM ANDERA C P$ I CMOYmens oNNo.7.7 .16r Notarylic lbw,. APRIL 11,2027 _STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on !d 0 g1:0"/ , by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectiv ly, of/the City of Waterloo, Iowa. ,pPlq4 C O BRITNI C 11.1 No ublic * * COMMISSION NORKI NS IAA JAN ARY pj Q s RES 4 Index Legend Location: Part of the West 1/2 of Section 14,189 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: JRL Hol ding Company LC Surveyor: Michael R.Fagle Company: AECOM Michael R.Fagle,5015ycamore Street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mike.fagie+aecom.com-319-232-6531 PREPARED BY:MICHAEL R.EAGLE, 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 PROJECT PARCEL 154 AREA PERMANENT EASEMENT = 1131 SQUARE FEET \ \ CC W.LINE E 1/2, \ S SW I/4,NW I/4� �\ 04p N.PERMANENT '\ �a�+o EASEMENT P-0.8 mCsyG IN DOC#NW'LY 1NE PARCEL 2012-008870 DESC O, \6 4�i,��c 4 A°ky pG © © \10 a914•C , el 4 o°Fr ,. N „ 6,... \7„ :47 (` \ „. 9 \f O" ENO 3/4" IRON PIN EASTERLY R.O.W.LINE •es,,1,\,ADO SE COR NWl/4 CANADIAN NATIONAL F \ 4' SEC. 14-89-13W RAILWAY FKA WATERLOO • RAILROAD CO @I`\ \ O \n I----- ------- � ---\ OL fi SOUTH— LINE NWI/4 .. = FNO. P.O.C. SEC. 14-898-13W ` \ / REBAR FND. 1" METAL MARKER ,/ W/YPC SW CDR NW1/4 " 17 / #9961 SEC.14-89-13W -. N. 16 a s Thorson Avenue .5a, r , 15 aa, 14 > Bearing/Distance Permanent Easement a 3 1 TO 2 N 89 ° 16 ' 14 " E 1283.95 2 TO 3 N 49 ° 16 ' 38 " W 483.36 3 TO 4 N 49 ° 16 ' 38 " W 35.77 4 TO 5 5 40° 43 ' 39 " W 38.00 ' 37.00'Record 5 TO 6 R=1457.50' ARC L. 18.42 CH=5 25°55'11"E CH L. 18.42 6 TO 3 N 63 ° 19 ' 48 " E 49.07 1 TO 7 N 89 ° 16 ' 14 " E 2627.31 SEE SHEET 2 OF 2 FOR LEGAL DESCRIPTION Elate Signed 12-13-2022 N I hereby certifyre that this Landorunder Surveying my direr vas prepared by me or under my dried personal c,n.edv lend and 0 100 200 300 400 ""'.,`1N o..�r"w„ taat 1 am a d'ly Lscensed Lena Suweror o:---- o €W '-Air.- uMe � r„ofrthe State of lova. ,1'r"r.." `io'-1 '1LJt!/�! 12-132022 SCALE IN FEET i�osr, _ MICRO-R.FeLE Oats N ., $' License nu�er 9505 rowa ,,ff xy license renewal date Is Deceeber 31.2022 A_CO■ '''!'2 ''''' "g"or sheets covered by this seal' M SHEET 1 OF 2 or PREPARED BY:MICHAEL R.EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO,IOWA,50703, 319-232-653I 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 154: A parcel of land situated in part of East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14,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 Southwest Corner of the Northwest 1/4 of said Section 14;thence North 89°(Degrees)16'(Minutes)14" (Seconds)East(assumed bearing for the purpose of this description) along the South line of the Northwest 1/4 of said Section 14 a distance of 1283.95 feet to the Southwesterly right of way line of Broadway Street; thence North 49°16'38"West along said Southwesterly right of way line, 483.36 feet to the Point of Beginning;thence continuing North 49°16'38"West along said Southwesterly right of way line, 35.77 feet to a Northerly corner of a parcel of land described in Document Number 2012-008870 and recorded in the Office of the Black Hawk County Recorder;thence South 40°43'39"West along the Northwesterly line of said parcel of land 38.O0feet (37 feet record distance)to the Easterly right of way line of the Canadian National Railway(formerly the Waterloo Railroad Company), also being the beginning of a non-tangent curve concave Southwesterly having a 1457.50foot radius and a 18.42 foot long chord bearing South 25°55'11"East;thence Southeasterly along said curve also being said Easterly right of way line, a distance of 18.42 feet; thence North 63°19'48"East,49.07 feet to the Point of Beginning. Containing 1131 Square Feet. ECOM SHEET 2 OF 2