HomeMy WebLinkAboutDeere & Company-Easement Modification Agreement-04.07.2008 g-,.. -1,1,0 . .9,008.-(9-6.
Prepared by Christopher S. Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701
Return to preparer after recording.
EASEMENT MODIFICATION AGREEMENT
This Easement Modification Agreement (the "Agreement") is entered into of
ichtlll-lr,f ,1 , 2008, by and among Deere & Company ("Deere"), Cedar Valley
T Works,4nc. ("CVTW"), and the City of Waterloo,Iowa("City").
WHEREAS, an easement, designated as "No-Build/Utility Easement No. 1" (the
"Easement") was created pursuant to a certain survey dated July 28, 2006 and filed August 4,
2006 in the office of the Black Hawk County Recorder as Doc. No. 2007-03018; and
WHEREAS, in connection with certain improvements to be made relating to
redevelopment of the area in the vicinity of the Easement, including but not limited to roadway
and storm sewer improvements,the parties desire to shorten the length of the area covered by the
Easement; and
WHEREAS, modifying the Easement area will not impair the effective purpose for which
the Easement was created.
NOW, THEREFORE, in consideration of the premises and for other consideration, the
receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Modification of Easement Area. The legal description of the Easement is
hereby modified to read as follows:
A No-Build Easement over and across and a Utility Easement over, under and
across that part of Section Twenty-three (23), Township Eighty-nine North
(T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of
Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Southwest corner of aforesaid Section Twenty-three (23);
thence N88°18'08"E Seven Hundred Forty-five and Twenty-two Hundredths
(745.22) feet along the South line of the Southwest Quarter (SW1/4) of said
Section Twenty-three (23); thence NOO°55'31"W One Hundred Seven and
Thirty-seven Hundredths (107.37) feet; thence S89°55'45"W Two Hundred
Sixty-one and Eighty-five Hundredths (261.85) feet; thence N00°27'05"E Four
Hundred Sixty-six and Sixty-two Hundredths (466.62) feet; thence S89°48'54"E
Four Hundred Fifty-nine and Fifty-seven Hundredths (459.57) feet; thence
NO2°11'50"E Two Hundred Two and Eighteen Hundredths (202.18) feet; thence
S89°51'35"E Four Hundred Seventy-eight and Twenty-four Hundredths (478.24)
feet; thence Easterly Five Hundred Four and Nine Hundredths (504.09) feet
along a non-tangent curve, concave Southerly, having a radius of One Thousand
Six Hundred Seventy and Ninety-six Hundredths (1,670.96) feet and a long
chord of Five Hundred Two and Nineteen Hundredths (502.19) feet which bears
N81°12'33"E; thence N01°29'36"E Eighty-eight and Fifty Hundredths (88.50)
feet to the point of beginning; thence S89°25'38"E Seven Hundred Seventy-three
and Fifty-seven Hundredths (773.57) feet; thence S00°34'22"W Thirty (30.00)
feet; thence N89°25'38"W Seven Hundred Seventy-four and Five Hundredths
(774.05) feet; thence N01°29'36"E Thirty (30.00) feet to the point of beginning.
2. Binding Effect. This Agreement is binding upon and shall inure to the benefit of
the parties and their respective successors and assigns.
3. Miscellaneous Provisions. 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. This Agreement may not
be modified except by the mutual written agreement of the parties.
IN WITNESS WHEREOF, the parties have executed this Easement Modification
Agreement by their duly authorized representatives as of the date first set forth above.
CEDAR VALLEY TECH WORKS, INC. DEERE & COMPANY
By: By:
Stesi)a.T.
Dust, ent laadTitle: ems Ay 6A y Ariterkca. ,Av a.
6 As 40.
CITY OF WATERLOO, IOWA
By:
Timothy J. y, Mayor
Attest:
Nancy ke , Clerk
2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on ( t' 87. , 2008,by Steven J. Dust as
President of Cedar Valley Tech Works nc.
i(4_,17::›4
No ar 'ublic
STATE OF )
) ss.
COUNTY)
Acknowledged before me op r) I,'uck. , 2008, by s6uy-;(. 0, Evcott
as r1t41•A3.b%\177A trlpc iccr Av :c.t of Deere & Company.
µs��
OFFICIAL SEAL. . ,dun/up__
SUSAN K STROUP Notary Public
NOTARY PU&IC-STATE OF RA NO S
MY COMMISSION EXPIRES:10002/08
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2008, by Timothy J. Hurley and
Nancy Eckert, as Mayor and City Clerk, re ective , of the City of Waterloo, Iowa.
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