HomeMy WebLinkAboutDeere & Company-Roadway Easement Agreement-09.22.2008 a008- •g35/
Prepared by Christopher S.Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701
Return to preparer after recording.
ROADWAY EASEMENT AGREEMENT
This Roadway Easement Agreement (the "Agreement") is entered into as of October
, 2008, by and between Deere & Company ("Grantor") and the City of Waterloo, Iowa
("Grantee").
1. Grant of Permanent 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 "Roadway Easement")
in, to, upon, over, across, and beneath the real estate (the "Primary Premises") legally
described as set forth on the Easement Plats attached hereto as Exhibits "A", `B", "C", "D"
and"E",by this reference made a part hereof.
2. Grant of Temporary 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 temporary construction easement(the "Temporary
Easement") in, to, upon, over, across, and beneath the real estate (the "Secondary Premises")
legally described as set forth on the Easement Plats attached hereto as Exhibits "A", `B", "C",
"D" and"E", by this reference made a part hereof. The Temporary Easement shall expire upon
conclusion of all construction, cleanup and demobilization activities upon the Primary
Premises. The Primary Premises and the Secondary Premises are together referred to as the
"Easement Premises."
3. Purpose. The Primary Premises is intended for use as a city street, utilities, and
appurtenant right of way. The Secondary Premises is intended for use in connection with and in
support of construction activities upon the Primary Premises. The Easement Premises shall not
be used for any other purpose without the prior written consent of Grantor. It is the intention of
the parties that Grantee shall assume all responsibility for the construction, maintenance and
operation of the Roadway Easement granted hereunder, and that Grantor shall have no liability
relating to the Roadway Easement.
4. Grantor Duties. Grantor shall deliver possession of the Easement Premises to
Grantee, "as is, where is", without any representation or warranty as to the condition of the
Easement Premises. Grantor shall have no duty to prepare the Easement Premises in any way for
Grantee's use. Following transfer of possession of the Easement Premises, Grantor shall have no
further duty or obligation with respect to the Easement Premises.
5. Easement Conditions. Grantee agrees that its acceptance of the Easement
Premises is subject to each and all of the following terms, conditions, covenants, and restrictions,
which are covenants running with the land:
a. The Permanent Easement and Temporary Easement are subject to all
easements, covenants, and restrictions of record, including but not limited to the
Declaration of Environmental Covenants filed November 13, 2006 as Doc. No.
2007010811 (the "Environmental Covenants"), the RCRA permit referenced in
the Environmental Covenants, as amended (the "Permit"), and the Utilities
Easement Agreement filed February 22, 2007 as Doc. No. 2007017939. Grantee
hereby agrees to subordinate this Agreement to any subsequent environmental
covenant applicable to the Easement Premises, and that the Easement Premises
and this Agreement shall be subject to any subsequent modification or
amendment to the Permit. Grantee agrees that Grantor shall retain the right of
access to the Easement Premises on behalf of Grantor and on behalf of the United
States Environmental Protection Agency, for environmental investigations or
implementation of corrective or remedial action as may be required under the
existing Environmental Covenant or Permit, and as those documents may be
modified hereafter,or under any environmental law.
b. Grantees will construct, maintain and operate the Easement Premises, the
Permanent Easement and the Temporary Easement granted herein in accordance
with all federal, state and local laws and regulations, and a standard of reasonable
care. Any disturbance of the soil on the Easement Premises shall be done in
accordance with applicable laws and regulations.
c. Grantor is under no obligation whatsoever to maintain, in any particular state
or condition, the Permanent Easement, the Temporary Easement or the
Easement Premises, except for compliance with the Environmental Covenants,
the Permit, and compliance with applicable law or regulations as it relates to
Grantor's responsibility for environmental conditions existing upon the
Easement Premises as of the date hereof
•
d. As against Grantor, Grantee shall solely bear all responsibility, cost, and
expense for design, construction, repair, maintenance, operation and any other
work relating in any way to the Permanent Easement, the Easement Premises,
and any street, roadway, signage, signals, or other improvements placed on the
Primary Premises, including but not limited to snow removal and maintenance
of insurance covering the Primary Premises and any improvements therein or
thereon and any activities of Grantee or the general public happening thereon.
2
e. In recognition of the mutual and respective duties of Grantor and Grantee
under the Environmental Covenants, the Permit, and other applicable covenants,
restrictions, and laws, Grantee agrees to cooperate promptly and in good faith
with Grantor and its project manager(s) and consulting engineers with respect to
any and all matters concerning activities contemplated by this Agreement,
including but not limited to design, regulatory approvals of any type or nature,
relocation or disposal of soil and other on-site materials, testing, reporting, and
worker training and protection. Grantee agrees to advise each of its agents and
contractors, and each user authorized by Grantee of the public right-of-way
upon the Easement Premises, of this duty of cooperation.
f. Grantee may authorize public utilities and other users of the public right-
of-way to use the Primary Premises for purposes and in the manner consistent
with their use of street rights-of-way elsewhere in the city, provided, however,
that all such use shall be expressly subject to the prior written consent of
Grantor, which consent shall not be unreasonably withheld except as
conditioned by Grantor as permitted by this paragraph, and also subject to the
terms and conditions of this Agreement, including but not limited to all other
easements, covenants, conditions, and restrictions of record, including without
limitation the Environmental Covenants and Permit, and Grantee agrees to
provide a copy of this Agreement, the Environmental Covenants, and the Permit
to each right-of-way user prior to said user's entry upon the Primary Premises.
Grantor shall have the right to condition any third party's use of the Easement
Premises upon such third party's agreement to defend, indemnify and hold
Grantor harmless from any injury, expenses, damage or liability or claim (each a
"Claim") to the same extent as Grantee's obligation under Section 5(g) below.
g. Grantee shall defend, indemnify and hold Grantor harmless from and against
any Claim against Grantor by any person whomever, whether due to damage to
the Easement Premises, Claims for injuries to the person or property of any
person in, on, or about the Easement Premises for any purpose whatsoever, or
administrative or criminal action by a governmental authority, whether such
Claim results either directly or indirectly from the act, omission, negligence,
misconduct or breach in the use of Permanent Easement, the Temporary Easement
or the Easement Premises or the terms of this Agreement by Grantee, its agents,
employees, servants, contractors, or any other person entering upon the Easement
Premises. Grantee further agrees to reimburse Grantor for any costs or expenses,
including, but not limited to, court costs and reasonable attorney's fees, which
Grantor may incur in investigating, handling or litigating any Claim.
Notwithstanding the foregoing provisions of this paragraph, the indemnity
provided for in this paragraph shall not include Claims relating to or arising from
any hazardous substances or other environmental conditions existing in or upon
the Easement Premises before the date of this Agreement. The parties agree that,
with respect to the Secondary Premises, Grantee's duties under this paragraph
shall apply only during the term of the Temporary Easement. In the event
Grantee or any third party using the Easement Premises under Section 5(f) above,
fails to defend, indemnify, and hold Grantor harmless, after written demand by
Grantor therefor, from any Claim for any reason, Grantor shall have the right to
3
terminate this Agreement with respect to said party upon five (5) days written
notice to Grantee.
6. Duty to Notify; Required Consent. To assist Grantor to comply with and fulfill
the duties of responsible parties under the Permit to implement, maintain, and protect institutional
controls and/or engineered barriers on the Easement Premises to avoid human contact with
contaminated soils on the Easement Premises and to avoid further movement or expansion of
contaminated soils and groundwater as provided in the Permit, neither Grantee, any contractor or
agent of Grantee, nor any authorized user of the public right-of-way shall conduct any activity in
or upon the Easement Premises which impairs the engineered barriers and/or disturbs
contaminated soil or groundwater, or otherwise violates the terms of any easement, covenant,
condition, or restriction of record without Grantor's prior written approval. Before Grantee, any
contractor or agent of Grantee, or any authorized user of the public right-of-way undertakes any
activity in or upon the Easement Premises that disturbs the roadway or any soil, such party shall
notify Grantor of the proposed activity. Grantee shall maintain records of any activities relating
to the movement or displacement of soil or groundwater, including but not limited to removal,
replacement, fill, or disposal. Grantee shall maintain a file of all records regarding environmental
matters or improvements to the Easement Premises. Such records shall be readily available for
review upon request by Grantor, the U.S. Environmental Protection Agency, and/or the Iowa
Department of Natural Resources. Grantor shall be permitted to copy and retain copies of any
such records, in its sole discretion. Grantee agrees to advise each of its agents and contractors,
and each user authorized by Grantee of the public right-of-way upon the Easement Premises,
of the duty of notice and of the obligation to secure prior consent as set forth in this Section.
7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the
benefit of the parties and their respective successors and assigns. 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 Roadway Easement
Agreement by their duly authorized representatives as of the date first set forth above.
DEERE & COMPANY CITY OF WATERLOO, IOWA
By: ikiel tic By: /
Timothy J. y, Mayo
Title:r c„t ,-,.
Attest
Nancy Eckert ity Clerk
4
STATE OF ILLINOIS )
) ss.
ROCK ISLAND COUNTY )
Acknowledged before me on l7 OC'7 , 2008,by ,bQA,e[ C 6'v+Pit
as T } — ,Q,,r/1 1 -- of Deere& Company.
OFFICIAL SEAL. /a40.4^-1K)?Ittiert- p-
SUSAN K STROUP Notary Public
NOTARY PUN,IC-STATE OF ILLINOIS
AIY COMMISSION E INRIOV l2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
On this day of , 2008,before me, a Notary Public in and for the
State of Iowa,personally appeared Timothy J. Hurley and Nancy Eckert,to me personally
known, and,who,being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Waterloo, Iowa; the seal affixed to the foregoing instrument is the
corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the
corporation,by authority of its City Council as contained in the Resolution adopted by the City
Council under roll call number /, 7 g 56 of the City Council on - a a , 2008
and that Timothy J. Hurley and Nancy Eckert acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and deed of the corporation, by it
voluntarily executed.
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of Public
5
Exhibit A
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT SHEET 1 OF 2
PART OF SECTION 23—TB9N—R13W AND
PART OF SECTION 26—T89N—R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO.
LEGAL DESCRIPTION FOR EASEMENT
An Easement for Roadway purposes over, under, and across that of Section Twenty—three (23) and
Section Twenty—six (26), all in Township Eighty—nine North (T89N), Range Thirteen West (R13W) of
the Fifth Principal Meridian, City of Waterloo, Black Howk County, Iowa, described as follows:
Commencing at the Southwest corner of aforesaid Section Twenty—three (23); thence NB8'18'OB"E
Eight Hundred Twenty—five and Eighty—one Hundredths (825.81) feet along the South line of the
Southwest Quarter of said Section Twenty—three (23) to a point on the East line of Parcel "A",
Document No. 2007-03018 in the Office of the Black Hawk County Recorder's Office and to the
point of beginning; thence NO1'16'51"W One Hundred Three and Eighty—seven Hundredths (103.87)
feet along said East line to o North line of said Parcel "A"; thence S89'35'41"E Twenty—five and
One Hundredth (25.01) along said North line; thence S01'16'51"E One Hundred Ninety—six and
Seventeen Hundredths (196.17) feet to a point on a South line of aforesaid Parcel "A"; thence
N89'57'47'W Twenty—five and One Hundredth (25.01) feet along said South line to aforesaid East
line; thence NO1'16'51"W Ninety—two and Forty—six Hundredths (92.46) feet along said East line to
the point of beginning, containing 4906 square feet.
Together with a Temporary Easement for work space purposes Fifteen (15.00) feet in even width
East of and adjacent to the above described Easement for Roadway purposes.
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CERTIFICATION
�y\D..SC;''•.,, 1 hereby certify that this land surveying document woe prepared and the related
C .•• y survey work was performed by me or under my direct personal supervision and
aa=`Q.•' * ••., `••�'• that I am a duly Licensed Land Surveyor under the laws of the State of Iowa.
LICENSED
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€* IOWA Signature.
E i .. ; *= David l S
,4'�4/ S_'_"..,2Q err Date Al�"( 01 , 20 CS Lkense No 16775
S u,.�" Pogee or Sheets Covered by this Seal: 2
'•wrn unnuuu
My Ikense renewal dote is December 31, 2008
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
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,4 EASEMENT PLAT SHEET 2 OF---2.
OF SECTION 23—T89N—R13W AND
PART OF SECTION 26—T89N—R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
0 100 EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO. m
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DOC. No. 2007-03018
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Exhibit B
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT SHEET 1 OFT2\\
PART OF SECTION 23—T89N—R13W AND
PART OF SECTION 26—T89N—R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO.
LEGAL DESCRIPTION FOR EASEMENT
An Easement for Roadway purposes over, under, and across that of Section Twenty—three (23) and
Section Twenty—six (26), all in Township Eghty—nine North (TB9N), 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'OB"E
Seven Hundred Forty—five and Twenty—two Hundredths (745.22) feet along the South line of the
Southwest Quarter of said Section Twenty—three (23) to a point on the West line of Parcel "A",
Document No. 2007-03018 in the Office of the Black Hawk County Recorder's Office and to the
point of beginning; thence SOO'55'31"E Ninety—two and Seventy—six Hundredths (92.76) feet along
said West line to a North line of said Parcel 'A'; thence S89'56'12'W Twenty—five (25.00) along said
North line; thence NO1'00'26'W Two Hundred and Thirteen (200.13) feet to a point on a South line
of aforesaid Parcel "A'; thence N89'55'45"E Twenty—five and Twenty—nine (25.29) feet along said
South line to aforesaid West fine; thence SOO'55'31'E One Hundred Seven and Thirty—seven (107.37)
feet along said West line to the point of beginning, containing 5,032 square feet.
Together with a Temporary Easement for work space purposes Fifteen (15.00) feet in even width
West of and adjacent to the above described Easement for Roadway purposes.
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o`e,nuunnnnv CERTIFICATION
oQJ`v L,Sc,+yF'a, I hereby certlry that this load wrveykfg document was prepared and the related
<) •* ••, � ' survey work woe performed by me or under my direct personal eupervieion and
C = that I am a duty Licensed Land Surveyor under the laws of the State of Iowa.
_ LICENSED
16775 1i 'J
* towA
_ * �• Signature: ��
E :� ea,:s
StJR11E~4 Date- A{ II � 20 0& License No 16775
ti,oryrn„mnn,sn`��� Pages or Sheets Covered by this Seal: 2
SMy license renewal date Is December 31, 2008
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
r 6EASEMENT PLAT
PART OF SECTION 23-T89N-R13W AND SHEET 2 OF�
PART OF SECTION 26-T89N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
�LJ 10O EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO. m
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1 INCH = 100 FEET rm
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PARCEL "A"
(39.761 ACRES)
DOC. No. 2007-03018
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Exhibit C
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT
SHEET 1 OF 2
PART OF SECTION 23—T89N—R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO.
LEGAL DESCRIPTION FOR EASEMENT
An Easement for Roadway purposes over, under, and across that of Section Twenty—three (23) all in
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 (SW7,4) of said Section Twenty—three (23) to a point on a West line of Parcel "A",
Document No. 2007-03018 in the Office of the Black Hawk County Recorder's Office; thence
N00'55'31'W One Hundred Seven and Thirty—seven Hundredths (107.37) feet along said West line to
a point on a South line of said Parcel "A"; thence S89'55'45"W Two Hundred Sixty—one and
Eighty—five Hundredths (261.85) feet along said South line to a point on a West line of said Parcel
"A"; thence N00'27'05"E Four Hundred Sixty—six and Sixty—two Hundredths (466.62) feet along said
West line to a point on a North line of said Parcel "A"; thence S89'48'54"E Four Hundred Fifty—nine
and Fifty—seven Hundredths (459.57) feet along said North line to the point of beginning; thence
N89'48'54"W Seven and Fifty—seven Hundredths (7.57) feet along said North line; thence
Northeasterly Nine and Seventy—nine Hundredths (9.79) feet along the arc of a Five Hundred
Sixty—five (565.00) foot non—tangent radius curve concave Southeasterly with a chord of Nine and
Seventy—nine Hundredths (9.79) feet which bears N52'46.40"E to a point on a West line of said
Parcel "A"; thence S0711'50"W Five and Ninety—five Hundredths (5.95) feet along said West line to
the point of beginning, containing 23 square feet.
Together with a Temporary Easement for work space purposes Fifteen (15.00) feet in even width
Northwest of and adjacent to the above described Easement for Roadway purposes.
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CERTIFICATION
,mmmuyuy.
L,SC ,. I hereby certify that this land surveying document was prepared and the related
..*,• hr��''•.,s survey work was performed by me or under my direct personal supervision and
•. that am a duly Licensed Land Surveyor under the ken of the State of Iowa.
•
LICENSED
16775
*'• 1, * Slgnatu
•
�,�QQ` Date: 1 i i L / ' 2, o9 License No 16T75
��`• Pages or Sheets Covered by this Seal
Sw "" My license renewal dote is December 31, 2008
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
tiTh
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EASEMENT PLAT
PART OF SECTION 23 COUNTY,
WATERLOO, BLACK HAM( COUNTY, IOWA
SHEET 2 OF
0 EASEMENT FOR THE CITY OF WATERLOO, IOWA
50 PROPRIETOR: JOHN DEERE AND CO.
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DOC. No. 2007-03018
SOUTH LINE, SW 1/4, .. ..
SEC. 23-89-13 '9 n n in
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LEGEND:
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Exhibit D
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT SHEET 1 OF 2 \
PART OF SECTION 23—T89N—R13W
WATERLOO, BLACK HAWK COUNTY, IOWA
EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO.
LEGAL DESCRIPTION FOR EASEMENT
An Easement for Roadway purposes over, under, and across that of Section Twenty—three (23) all in
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 (SW)4) of said Section Twenty—three (23) to a point on a West line of Parcel "A",
Document No. 2007-03018 in the Office of the Black Hawk County Recorder's Office; thence
N00'55'31"W One Hundred Seven and Thirty—seven Hundredths (107.37) feet along said West line to
a point on a South line of said Parcel "A"; thence S69'55'45"W Two Hundred Sixty—one and
Eighty—five Hundredths (261.85) feet along said South line to a point on a West line of said Parcel
"A"; thence N00'27'05"E Four Hundred Sixty—six and Sixty—two Hundredths (466.62) feet along said
West line to a point on a North line of said Parcel "A"; thence S89'48'54"E Four Hundred Fifty—nine
and Fifty—seven Hundredths (459.57) feet along said North line of said Parcel "A" to a point on a
West line of sold Parcel "A"; thence N0211'50'E Two Hundred Two and Eighteen Hundredths (202.18)
feet along said West to a point on a North line of said Parcel "A"; thence S89'51'35"E Four
Hundred Seventy—eight and Twenty—four Hundredths (478.24) along said North line to a point on a
West line of said Parcel "A" and to the point of beginning; thence N89'51'35"W Eighty—two (82.00)
feet along said North line; thence Northeasterly Five Hundred Ninety and Twenty—three Hundredths
(590.23) feet along the arc of a One Thousand Nine Hundred Twenty—nine and Five Hundredths
(1929.05) foot non—tangent radius curve concave Southeasterly with a chord of Five Hundred
Eighty—seven and Ninety—three (587.93) feet which bears N79'58'34"E to a point on a West line of
said Parcel "A"; thence S01.29'36"W Twenty—five and Eighty Hundredths (25.80) feet along said West
line to a point on a North line of said Parcel "A"; thence Westerly Five Hundred Four and Nine
Hundredths (504.09) feet along the arc of a One Thousand Six Hundred Seventy and Ninety—six
Hundredths (1670.96) foot non—tangent radius curve concave Southeasterly with a chord of Five
Hundred Two and Nineteen (502.19) feet which bears S81'12.33"W along said North line to the point
of beginning, containing 13,109 square feet.
Together with a Temporary Easement for work space purposes Fifteen (15.00) feet in even width
Northwest of and adjacent to the above described Easement for Roadway purposes.
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cut t IRCATION
i� �,scy I hereby certify that this land surveying document was prepared and the related
�•`\Q'•'"'h.. tC survey work was pet tuned by ma or under my direct personal supervision and
that I am o duly licensed lard Surveyor under the lows of the State of Iowa.
LICENSED
i sins
*= IOWA Si...... Sahel.t_
ti' Nast P r` Date_1W iz t 1_ (� o . License No 16ns
4"'wawuuan.'e Poges or Sheets Covered by this Seat 2
SMy license renewal date Is December 31, 2003 /
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WAILNLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT
®® PART OF SECTION 23-T89N-R13W
WATERLOO, BLACK HAWK COUNTY, IOWA SHEET 2 OF�
EASEMENT FOR THE CITY OF WATERLOO, IOWA
0 200
PROPRIETOR: JOHN DEERE AND CO.
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Zv DOC. No. 2007-03018
N88'18'08'E-745.22' n n
(N88'18'08'E-745.221 N:o In o
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SOUTH UNE, SW 1/4,
SEC. 23-89-13
POINT OF COMMENCEMENT,
•
SW CORNER LEGEND:
SEG 23-789N-R13W
(FNO. 3/4'ROD IN CONIC)
MISO BK. 329-260 000.00 DENOTES RECORD DIMENSION
(000.00) DENOTES CALCULATED DIMENSION
CURVE TABLE
CURVE LENGTH RADIUS DELTA CHORD CHORD B.
ClC1 (504.09')(1670.96') (1717'06') (50219') (581'12'33"W)
504.09' 1670.96' 1T1706 502_19' N81.12'33'E
EC2 (590.23')(1929.05')(1731'511 (587.93') (N79'58'34"E)
S ...-}
Exhibit E
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028
EASEMENT PLAT SHEET 1 OF�
PART OF SECTION 23—T89N—R13W AND
WATERLOO, BLACK HAWK COUNTY, IOWA
EASEMENT FOR THE CITY OF WATERLOO, IOWA
PROPRIETOR: JOHN DEERE AND CO.
LEGAL DESCRIPTION FOR EASEMENT
An Easement for Roadway purposes over, under, and across that of Section Twenty—three (23),
Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City
of Waterloo, Block Hawk County, Iowa, described as follows:
Beginning at the most Northerly corner of Parcel "A", Document No. 2007-03018 in the Office of
the Black Hawk County Recorder's Office, which is also a point on the Southwesterly right—of—way
line of River Rood, Book 513, Page 77 of said Recorder's Office; thence Southerly Three Hundred
Nineteen and Seventy—two Hundredths (319.72) feet along the arc of a Four Hundred Forty—two and
Eighty—five Hundredths (442.85) foot radius curve concave Westerly with o chord of Three Hundred
Twelve and Eighty—two Hundredths (312.82) feet which bears S12'29'50"W along a West line of
aforesaid Parcel "A'; thence S3551'32'.W One Hundred Fourteen and Fifty—three Hundredths (114.53)
feet still along said West line to point on a North line of said Parcel "A"; thence N89.25'38"W
Thirty and Fifty—nine Hundredths (30.59) feet along said North line; thence N35'51'32"E One Hundred
thirty—one and Three Hundredths (131.03) feet; thence Northerly Three Hundred One and Sixty—seven
Hundredths (301.67) feet along the arc of a Four Hundred Seventeen and Eighty—five Hundredths
(417.85) foot radius curve concave Westerly with a chord of Two Hundred Ninety—five and Sixteen
Hundredths (295.16) feet which bears N12.29'50"E; thence N81'48'53"E Twenty—five (25.00) feet to
the point of beginning containing 10834 square feet.
Together with a Temporary Easement for work space purposes Fifteen (15.00) feet in even width
West of and adjacent to the above described Easement for Roadway purposes.
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CERTIFICATION
"`1�p L Sc I hereby certify that the land surveying document woe prepared and the related
spa .C;) * •.•(C/ s survey work was performed by me or under my direct personal supervision and
'y that I an a duly Licensed Land Surveyor under the Iowa of the State of lows
•
LICENSED
16775
IOWA *: s19n°sue •. * : eA,LS.
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y °c Date- .�-QiZI v 20 license No 16775
�SURvc' .�
n,nnnH,�NP Doges or Sheets Covered by this�* 2
SMy license renewal date is December 31. 2008
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX 319-235-0028
r ,eN
IdEASEMENT PLAT
® PART OF SECTION 23-T89N-R13W AND
HW
WATERLOO, BLACK HAWK COUNTY, IOWA SOUTHWESTERLY
2 OF
EASEMENT FOR THE CITY OF WATERLOO, IOWA RIGHT-OF-WAY UNE
L100 PROPRIETOR: JOHN DEERE AND CO. RNER
513-77
ROAD
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1 INCH = 100 FEET ' BEGINNING m
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PARCEL "A"
(39.761 ACRES)
DOC. No. 2007-03018
•
CURVE TABLE W CC
CURVE LENGTH RADIUS DELTA CHORD CHORD B. o
Cl (301.67') (417.85')(41'21'54') (295.16') (N12'29'5o"E) n a W
C2 319.72' 4-42.85' 41'21'54" 312.82' S12'29'50"W a o
(319.72') (442,85) (41'21'541 (312.82') (S12'29'50"W) In
C3 375.49' 1413.29' 15'13'22' 374.39' S13'57'21"E N
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000.00 DENOTES RECORD DIMENSION 60- 5 v9f"
(000.00) DENOTES CALCULATED DIMENSION FS e(0
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�+^ CITY CLERK AND FINANCE DEPARTMENT ohm 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571
e;QS NANCY ECKERT • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer
October 31, 2008
Mayor
TIMOTHY J.
HURLEY
Mr. Chris Wendland
Clark, Butler, Walsh& Hamann
COUNCIL P.O. Box 596
MEMBERS Waterloo, IA 50704
REGINALD A. Dear Chris:
SCHMITT
Ward 1 Enclosed please find the signed Roadway Easement Agreement with Deere &
CAROLYN Company. Said agreement was approved by the city council on September 22, 2008.
COLE
Ward 2 If possible, I would like to have one of the original signed agreements for the city's
HAROLD official records.
GETTY
Ward 3 If you need anything else, please let me know.
QUENTIN M.
HART Sincerely,
Ward 4
RON
WEtPER Nancy Eckert
Ward
City Clerk
BOB
GREENWOOD Enclosures
At-Large
STEVE
SCHMITT
At-Lark
CITY WEBSITE: www.ci.waterloo.ia.us
WE'RE WORKING FOR YOU!
An Equal Opportunity/Affirmative Action Employer
Clark. Butler.
Rebecca A. Feiereisen
Timothy ppmann K
Jared R. Kna
Christy R. Liss
Walsh Hamann Jam Walsh; **
Christopher S.Wendland
Attorneys At Law
315 E. 5th Street• PO. Box 596•Waterloo, Iowa 50704• (319) 234-5701 * Also admitted in Minnesota
** Also admitted in Illinois,
FAX (319) 232-9579 • wIooIawc attglobal.net Minnesota and Wisconsin
October 21, 2008
Nancy Eckert
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Re: Commercial Street Easement Agreement
Dear Nancy:
On September 22,the City Council approved easement agreements with Cedar Valley
Tech Works and Deere & Company for the City to receive land for the extension of West
Commercial Street. There have been a lot of moving parts on this transaction, and the City ended
up signing copies of the agreement with a September date, which was before DNR approval
concerning certain environmental matters.
Deere did not sign until DNR approved the agreement in October, so the agreements
signed by Deere have an October date. The agreements are set up so that everyone signs the
same copy. I am therefore asking that you and the Mayor sign the enclosed three copies of the
Deere agreement. Again, this agreement was already approved by the City Council on
September 22. Nothing has changed except the specification of the month. Please also have the
documents notarized. They should be sent back to me after completion.
If you have any questions, please let me know. Thanks.
Sincerely,
CLARK, BUTLER, WALSH& HAMANN
(J;ut A NMBy:
,(a- fA-4
Chris Wendland
CSW:amj
Enclosure
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