HomeMy WebLinkAboutWaterloo Community School District-(RECORDED) Public Sidewalk Easement Agreement-04.15.2024 Z
2024-17078
RECORDED:07/10/2024 10:47:41 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
t C. l -Giloc.)
Preparer Information:
ISG
217 East 2nd Street Suite 110
Des Moines,IA 50309
Return Document To:
ISG
217 East 2nd Street Suite 110
Des Moines,IA 50309
Grantors:
Waterloo Community School District
Grantees:
City of Waterloo
Legal Description: j� tt Ex{-ht ��
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:
1. 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 ZS day of march ,20Z.4
Grantor
A -VOY \h1l.ktor ,5 d S\c�rtifi
Type or legibly print Grantor's name
STATE OF IOWA )
( ss
COUNTY OF BLACK HAWK)
On this ZS ' day of 'n' O,,Cdh , 20 2.I before me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
R3tok, \L Jt lltr,.in.3 , 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.
(- 1-1-1.&C.t. G.
Notary Public in and fo e I
C PAMELA 6 ARIDORFER
My
State of Iowa = 0"Mmbet
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EASEMENT DESCRIPTION:
That part of vacated Western Avenue right of way adjacent to Block 5, Leavitt,Johnson an Miller Addition,Waterloo, Black Hawk County, Iowa
Idescribed as follows:
Commencing at the southwest corner of said Block 5;thence South 89 degrees 23 minutes 56 seconds West,on the westerly extension of the south
line of said Block 5,a distance of 11.20 feet to the point of beginning;thence continue South 89 degrees 23 minutes 56 seconds West,on said
R south line, 10.00 feet;thence North 01 degrees 51 minutes 33 seconds West,299.96 feet to a point on the westerly extension of the north line of
said Block 5;thence North 89 degrees 22 minutes 21 seconds East,on said north line, 10.00 feet;thence South 01 degrees 51 minutes 33 seconds
East,299.96 feet to the point of beginning.
BASIS OF BEARING: AREA TABLE:
IThe orientation of this bearing system is based on the south line of Total Area=3,000 sq.ft.
Block 5. Said line bears South 89 degrees 23 minutes 56 seconds West.
EXHIBIT A - PUBLIC SIDEWALK EASEMENT
u PROJECT
01
I S SLOAN WALLACE STADIUM PARK
a VACATED W. 6TH STREET R.O.W.
WATERLOO,BLACK HAWK COUNTY,IOWA
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