HomeMy WebLinkAboutWaterloo Community School District-(RECORDED) Public Sidewalk Easement Agreement-12.04.2023 "L
2024-17076
RECORDED:07/10/2024 10:47:39 AM
RECORDING FEE:$22.00
REVENUE TAX:$
COMBINED FEE:$22.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
Easement for Public Sidewalk
+ Recorders Cover Sheet
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Preparer Information:
ISG
217 East 2"d Street Suite 110
Des Moines,IA 50309
Return Document To:
ISG
217 East 2nd Street Suite [10
Des Moines,IA 50309
Grantors:
Waterloo Community School District
Grantees:
City of Waterloo
Legal Description: � A�1iACki-e0 E i+-tair A,�
I fit
EASEMENT FOR PUBLIC SIDEWALK
KNOW ALL PERSONS BY THESE PRESENTS:
That Waterloo Community School District(herein called"Grantor"),of the County of Black Hawk,State of Iowa,
in consideration of the sum of One Dollar($1.00),to be paid by the CITY OF WATERLOO,IOWA(herein called
"City"),and other good and valuable consideration,the receipt of which is hereby acknowledged by the Grantor,
does hereby sell,grant and convey unto the City of Waterloo,Iowa,a municipal corporation,a perpetual Easement
for public sidewalk right-of-way under,over,through,and across the following described real estate:
(legal description)
(hereinafter called "Easement Area") for a public sidewalk on the surface of said Easement Areas designated
above as"Easement for Public Sidewalk"in a manner that will permit its free and unobstructed use by pedestrians
for the purpose of walking on the sidewalk.
This Easement shall be subject to the following terms and conditions:
I. ERECTION OF STRUCTURES PROHIBITED: Grantor and its successors and assigns shall not erect
any building,structure or fence over or within the Easement Area without obtaining prior written consent of
the City,
2. OBSTRUCTIONS PROHIBITED: Grantor and its successors and assigns shall not erect or cause to be
placed on the Easement Areas any structure,material,device,thing or matter,or plant or permit to grow any
hedge or other vegetative growth which could obstruct, impede, or otherwise interfere with the use of the
Easement Area as a sidewalk.
3. CHANGE OF GRADE PROHIBITED: Grantor and its successors and assigns shall not change the grade,
elevation,or contour of any part of the Easement Area without obtaining prior written consent of the City.
4. RIGHT OF USE AND ACCESS: The public shall have the privilege of use of the sidewalk, The City
shall have the right of access from any point on the Easement Area for the purpose of maintenance, repair,
replacement, or reconstruction, as determined by the City, to include removal of any obstructions or
structures placed or erected in the easement area.
5. MAINTENANCE AND REPAIR: The maintenance of the sidewalk and the Easement Area is the sole
responsibility of the Grantor,and its successors and assigns.
6. GROUNDWATER HAZARDS STATEMENT: Grantor represents and warrants that there are no known
wells, solid waste disposal sites, hazardous wastes, underground storage tanks, or any other similar
hazardous conditions adversely affecting the environment as required by Section 558.69 of the Code of
Iowa.
Grantor does HEREBY COVENANT with the City that Grantor holds said real estate described in this Easement
by title in fee simple; that Grantor has good and lawful authority to convey the same;and said Grantor covenants
to WARRANT AND DEFEND the said premises against the lawful claims of all persons whomsoever.
Each of the undersigned hereby relinquishes all rights of dower,homestead and distributive shares,if any,in and
to the interests conveyed by this Easement.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural
number,and as masculine or feminine gender,according to context.
Signed this t'p day of/VOVr✓►ti,�je,r-,20Z3.
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t'autor
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Type or legibly print/Grantor's name
STATE OF IOWA )
( ss
COUNTY OF BLACK HAWK)
On this ' day of MO�Gm ••��J
) 200�, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared
. ,to me known to be the identical person(s) named
in the foregoing instrument and who executed the same as his/her/their voluntary act and deed.
. I .
Notary Public in and for the
State of Iowa
A
DEBRA A.H.JACOBS
COMMISSION NO.7t�538
MY •MMI S�Ol1 a •IflES
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L0T7 VACATED IN _, g' _,...r
ORDINANCE NO.4495
11OOK344 PAGE 433--F/ ^' ' Lori:
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VACATED I
;; 1 JOHNSONSTREET 1'---588.14'S3"W 0.00' JOHNSON STREET
( GAL DESCRIPTION: I
P1ART OF THE VACATED STREET RIGHT OF WAY ADJACENT TO BLOCK 6, LEAVITT,JOHNSON AND MILLER ADDITION,
WATERLOO, BLACK HAWK COUNTY,IOWA DESCRIBED AS FOLLOWS:
A
i C OMMIENCING AT THE INTERSECTION OF THE EAST LINE OF SAID BLOCK 6 AND THE SOUTHWESTERLY RIGHT OF WAY OF
IVICUST STREET;THENCE NOS'14'53"E 16.20 FEET ALONG THE NORTH LINE OF THE VACATED WEST 6TH STREET AS
CORDED IN BOOK 344,PAGE 433 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER;THENCE 501'45'07"E 35.74
FEET ALONG THE EAST LINE OF SAID VACATED WEST 6TH STREET TO THE POINT OF BEGINNING)THENCE CONTINUING
1'45'07"E 165,51 FEET ALONG SAID EAST LINE;THENCE S88'14'53"W 9.00 FEET;THENCE NO1'45'07"W 165.51 FEET]
HENCE N88'14'53"E 9.00 FEET TO THE POINT or OILGINNINO,
1 t 4 '''I ' ---_--EXHIaIT A - PUBUC SIDEW ILK EASEMENT
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SLOAN WALLACE STADIUM PARK
G E S ,
VACATED W. 6TH STREET R.O.W.
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