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Home My WebLink AboutP&L Enerprises, Inc.-Temporary Construction Easement Agreement-12.08.2008 Pact. 3. 2008111 :54AM WATERLOO BLD iNSP 319-291-4262 NNo. 9057 PP. 6 4 r 3c.# . boo g- Parcel: 1.2.end 3—8ow1-in Highway 83 Improvements Project TEMPORARY CONSTRUCTION EASEMENT The undersigned does hereby grant and convey unto the City of Waterloo, Iowa, a temporary easement across the following described property in the City of Waterloo, Black Hawk County, State of Iowa: See attached plat of survey for the purpose of the construction of the pedestrian improvements in the Highway 63 Improvements Project, together with a right of ingress and egress thereon. • SAID TEMPORARY EASEMENT WILL RETURN TO ITS ORIGINAL CONDITION AND EXPIRE UPON COMPLETION OF CONSTRUCTION. IN WiTN SS WHEREOF, we have hereunto set our hands this '11 day of , 20 J. gley.evlai/,,f Pres For P and t rprrses, Inc. X 41)- . l7 r Kim F. Plegge le X ( Zg.4,(4,44.4"( For Randall C, utz State of Iowa B�aw�nty ) ss. On this , S day of , 2021, before me the undersigned, a Notary Public in and for the County of , State of personally appeared for P and L rorises, Inc. , to me known to be the perso named in and who executed tie foregoing instrument and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHERE.F, I have hereun+• signed my name and affixed my Notarial Seal the day and year I -t above.written. Bp,mnission EL D111.140 71.140 C ' * * gYNOVEMBEH 9,2010 Es N •��v • • the State of Iowa •(0.ct. 3. 20081 .11 :54AM WATERLOO BCD INSP 319-291-4262 41o. 9057 FP. 7 State of IowaBieck 1-10/Wy ) ss. ) On this 74 day of abakilte/ , 20 before me e undersigned, a Notary Public in and for the County of Er State of personally appeared for Kim F Pleaaenkuhle to me known to be the pe , n named in and who e e foregoing instrument and acknowledged that executed the same asa voluntary act and deed. IN WITNESS WHEREO , f have her to signed my name and affixed my No aril Sc I tbdllAr la a ove written. � � Commission umber 7 9 * * 5Cp�QFBER9,010ES tow► 7��w Nona is for the State of Iowa State of Iowa n ) Trtr.Ha�ot'v ) ss. Oa this 1B day of c 1% - , 20 b3, before me the undersigned, a Notary Public in and for the County of Cltto '; ', , State of personally appeared _ fur Randall C. Lutz , to me known to be the pe on named in and who exe ,the foregoing instrument and acknowledged that.. executed the same as voluntary act and deed. IN WITNESS W EREOF, I have eunto signed my name and affixed. my Notarial Seal the day an above writte . 1s,Wt B.MICHAEL DUNN • Com sion Number 749840 MY4@��SION EXPIRES new► NOVEMBER 9,2010 r4117 . for the State of SOM�a Oct. 3. _2008111:54AM WATERLOO BLD INSP 319-291-4262 No:9057 P. 8 • • • PREPARED 8Y JM SH.JR.dill ATTORNEY 71s tu�1.13ERTtY SrRi�T WAT9tLOO IOWA event�e IYiBER319?9/A927 TrGt5TRKIEWERl:!art OVRAi Riio,NiA SPAC£MOVE THIS LINE FOR RECORDER PARTIAL ACQUISfTfON CONTRACT PARCEL NO 12�nd 3 riwueyY Biack Hawk PROJECT t Rtj-083-8(77)_9HJI7(Highway Prnjett) ROAD NO.WA • THIiS AGREEMENT is made and entered into this day of „AA,WI__by acrid interne p end L EnfarprinnInc. R. Kim F PiagnnimhIn and Panda!,C I nix Sew, and City. of Waterloo,lows,Buyer. 1. SELLER AGREES to sell and nmdsh to Buyer a deed, on form(s)furnished by the Buyer,and Buyer agrees to buy the • fdimMng real estate,hereinafter referred to as the premises,situated in parts of the following(1/4114 Sec7TwpJRge.)tudifteM OR ttSabrnv X Ron FAIN*A for Inn !egat fI se�epf ernCounty -- or of Iowa,and more particularly deserted on Page 3 and which includes the following buildings,improvements and other properly none The premises also knciudes all estates,rigs,We and interests,including al'memo*;Rai all artimilleava d spot t ee iightlo erect such devices as are located totem SELLER ACKNOWLEDGES full settlement and payment from the Buyer ter el darns pa the terms of this contract and discharges the Buyer from lability because of this contract end the cruet of iris put*improvement prbjiect • 2. Possession of the premises Is the essence of this contract and Buyer may enter and assume full use and enjoyment of the prurient perhe tears ales contract. SELLER GRANTS Buyer ttie"Immediate right to enter the premises for the purpose Of gathering survey and sou data. SELLER MAY surrender possession of the premises or bidding or improvement or any pan thereof prior to fie.time at which he has hereinafter agreed to do so,and agrees to give Buyer ten(10)days notice of Seller's intention to do so by calling Buyer at(319)291-4366. 3. Buyer 8_grees to pay and SELLER AGREES to want the right of pessertsbe.,carom tale met to weeder ptryricel possession of the premises as shown on or before the date's listed below. Payment Amount Agreed Performance Date $ out tightofpossessan S • 5 227.2 gyp.easement • $ eel don Payment $_ MAC/' • on possession • $ 20$74 54 TOTAL LUMP SUM • BREAKDOWN: ac.=acres sq_tt=square feet Land and all other imp Land by Fee Title 2078 sq.ft.$15.547,34 fence reVernerllS including Underlying Foe Title: acleaftt 4 B�yg• S 4. . SELLER WARRANTS that there are no tenants on the premises holding under the lease except 5. This contract shall appy to and bind the legal successors In interest of the Setter and SELLER AGREES to pay all gene and assessments apical the premises,bdfroing alit taxes and speclal assessments payable unti surrender of possession as requited by Section 427.2 of the Code of Iowa,and agrees to warrant good and sutfcierit tine. Names and addresses of lienholders am: 6. Each page and each attachment is by this refereme made pert haunt and the endre egelEMIVATAISA.Stif Meg. • Biersr mry Wade mortgagees,iertokters.er iambs ose and teolv&Moniies as payees ern vairrmht as ectlftact paynterd SELLER WiLL furnish and delver to the City of Waterloo,Iowa,an abstract of title continued to date showing merchantable title to the premises in Seller. Buyer agrees to pay the cost of abstract continuation. SELLER AGREES to obtain court approval of tdws mrttra d,S iegausteiS by Tien'toyer,It tree to the premises becomes an asset of any estate, trust,conservatorship or guarthansNp. Buyer agrees to pay court approval costs and all other costs necessary ID transfer the premises 10 the Buyer,but not attorney fees. Claims for such transfer costs shad be paid in amounts supported by paid receipts or signed blla. B. If the Seller holds tie to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this contract,Buyer will pay any remaining proceeds to the sued sued=of that taint to e&v j ant vdll;tempt WA sekeili tun that SUMya,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. a SELLER AGREES to beep Rtlre,tornado,extended coverage and added pork insurance in the minimum amount 2n 1374 54 ,payable to an parties as their ietereets may appear from this dale u deli very of the deed and possession. Buyer shall notify all insurance companies of this contract In case of loss or hem el prat or WI of the prerriises tram maim covered by the'Insurance,SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such Insurance recovery to the Buyer.and SELLER ASSIGNS the proceeds of any 1 . (Oct. 3._:2008.111:.55AM WATERLOO BLD INSP 319-291-4262 0o. 9057 pP. 9 such insurance recovery to the Buyer,and.SELLER ER ASSIGNS to Buyer any and al of Seders rights under such insurance contract 10. This agreement shall become effective only upon the occurrence of the foUaw)ng items:acceptance endeavor&of tt►evot+rtadr by the City Count of the City of Watedoo. • • 11.Mb written contract consMutes the entire pr ovided ee enar hearse Bera r Sadera►rd Is no ere to'la°mot fa do any actor deed except as spedflcaly 42 This 2lt hed Yam Wardon pages steepen atria r idtmdr,asitlrttiysetto(Thberlein.• SELLER'S SIGNATURE AND CLA MANT'S CERTIFICATION:Upon due approval and execution by the Breyer,we Me undersigned cfoftnak .. ' the total ,star►payment a ./herein b Just and unpaid. .; i. d. 4 14,‘,..6...../f.._ i _For P En 'r rrc. ' For < .� -. *WNW C. 4 . ......,. 111'‹ . P a L Enterprises,Inc. ` For C:Lutz ACKNOWLEDGMENT: - STATE OF(t)Wq; tags On this i/Cjj>/day of before me,the reigned personally appeared • d and know me to be the identical parsons named In and who evecteetheyev seeded the as their rkrearesry act and deed Ater B.MICHAEL DUNN i r reN� tiA.11,�i'rry; ',2''L. and for the State ofioWa nyrlMbi,aouuua,• -,. NNna ,kyjt r _7.; before me, ndersigned,personally appeared known to me be the identical persons named in and who executed the foregoing instrument and acknowledged that they the same as voluntary act and deed, B. ICHAEL DUNN @�wr Commission on Number 74 840 Vic * MY COMMISSION MBER 9,EXPIRES 0 p ES ,ow► ry in the State of Iowa On this day of before me,the • neck personally appeared executed the foregoing itsbtprratt and acknowledged to to be the Identical persons named in and who lick nowledged di executed the same their voluntary act and deed. B.MICHAEL DUNN • ,,ter.ty Commission Number 749840 * * MYNOVEMISSION BER 9,2010 ES row► Notary Public In and for the State of Iowa • rv-r'Rs— I.b .1, 1 iJ 0 J z,O5 aB Nanning 0 — (Date) ......................._____—.., 7 APPROVED BY' ATTEST; CA✓j DATE APPROVED* (May /7-- -e (City • rk/Autlttor) BUYER'S ACI N 04.4..y;c c � • STATE OF IOW I !rearm!.i' MY,SS: On the `'n dt.1o'a4tintur,AD 211k bebne me,the undersigned,a Notary Pubic 1n and for said County,in said State,personally appeared Tim Hurley end Nancy Eckert to me personally known.who,before by me duty sworn,did say that they are the MAYOR and CRY CLERK respectivelty,of said City execudog the whin and foregoing Instrument to which this Is attache that the seal affixed thereto is the seal of said City,that said instrument was signed and sealed on behalf of said City by authority of 2 , Oct. 3. _2008111.55AM WATERLOO BLD INSP 319-291-4262 No. 9057 P. 10 • Its City Council and that the said MAYOR and CRY CLERK execution said' to be the vat/Mary act and deed of said Cr by it and by them voluntarily aXeouted. Win in and for said County tt • • • • • •11ct. 3. 2008111 :55AM--WATERLOO BLD INSP 319-291-4262 INo. 9057•---IP. 11 • NWT of VOW Oflou • SUMMARY OF PROPOSED acaursrnON • 0 p 09U-26-204-OM Candy BLACK HAWK lomiudNo-NMSX-063-6(72)-2H-07 Rood lio. 1 aEPaaerA P AND L ENTERPRISES INC Conked F ndmeer Leanhold Mkreml Oohs Mani loom I.T+1Fla11tlpQ ACOUT261XVa AND PRODED7Y AR3wr ROW it Flom OfSiob aaw/SF Ewen land Ane MtoulA F agre/SF 0A2/S74 amslSF 'Foa Tile ROW M Name of COs, oaes/Sp DM In Norm aMany AA2/574 /5F •Eosemara In Noma of Conk ior jarc/9F •faeem me enlin No BIC*fer swesff avrr/g Areo of flookAol cooper 1.06 of ROW far don/SP Vs 4614:70 aaw/SF oaes/5F Tatiaea*foraaeay Woo Dowisao.o t debo* aasr/SF '6laaClanR bead •Refer**the ealdngo from man arm um woo acres/SF L SR1f1 KOWA8e EAofT 10 NW.awow m M/O HIRE[TO KW. Care 4. 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