HomeMy WebLinkAboutWaterloo Community School District-Righ-of-Way- r e .
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AGREEMENT REGARDING EASEMENT AND RIGHT-OF-WAY
This Agreement Regarding Easement and Right-of-Way(the "Agreement") is entered
into as of ill at y , 2009, by and between the City of Waterloo, Iowa("City")
and the Waterloo Community School District("District").
RECITALS
A. Pursuant to a"Grant of Easement and Right-of-Way"filed in Town Lot Deed book
279,page 551, the grantors therein conveyed to the City an easement and right-of-
way for street purposes over an area described in said instrument(the "Original
Easement"). The Original Easement is referenced in two deeds in which the
District's predecessor in interest, the Independent School District of the City of
Waterloo, was grantee; these deeds are recorded in Town Lot Deed book 279,pages
631 and 633.
B. The easement as actually located(the "Observed Easement") covers a different area
than what was described in the Original Easement. The Observed Easement has been
in place for many years and has been honored by the parties without contest.
C. The parties recently discovered the variance between the Original Easement and the
Observed Easement and desire to enter this Agreement to accurately describe the
easement area.
NOW THEREFORE, in consideration of the premises and for other consideration, the
receipt and sufficiency which is hereby acknowledged, the parties agree as follows:
AGREEMENT
1. District hereby grants to City a perpetual easement and right-of-way for street
purposes in, above, beneath, and upon the following-described real property:
That part of Lots Nos. 100, 101, 102, and 103 and Spieker Road, in
Pleasant Valley in the City of Waterloo, Iowa, that is located within a
circle with a radius of 50 feet, the center of the circle being the point
on Spieker Road where a straight line 50 feet in length running
Southeasterly from the Northeasterly corner of Lot No. 103 would
intersect a similar line 50 feet in length running Southwesterly from
the Northwesterly corner of Lot 100.
The area described above is referred to in this Agreement as the "Relocated Easement".
2. City hereby waives and relinquishes any claim or right in the area described in the
Original Easement, except to the extent that any part of the Original Easement overlaps with the
Relocated Easement granted by this Agreement. City further reserves all current rights in
Spieker Road and related right-of-way and infrastructure.
3. The parties do not intend by this Agreement to alter in any way any rights of use
or responsibilities as to care or maintenance of the easement premises. The purpose of this
Agreement is solely to memorialize the acknowledgment and agreement of the parties
concerning the location of the easement premises referred to above alternately as the Observed
Easement and the Relocated Easement.
4. This Agreement constitutes the entire agreement between the parties pertaining to
the subject matter hereof. This Agreement may be modified only in a written instrument signed
by both parties.
5. This Agreement is binding upon and shall inure to the benefit of the parties and
their respective successors and assigns.
IN WITNESS WHEREOF,the parties have executed this Agreement Regarding
Easement and Right-of-Way by their duly authorized representatives as the date first set forth
above.
CITY OF WATERLOO, IOWA WATERLOO COMMUNITY SCHOOL
DISTRICT
_./
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By: y:/ '`` /C(' t
imothy H , Mayor Bernice Richard , President
By. c- �
By:
Nancy Ecker ity Clerk Sharon M i 11 e r , Secretary
STATE OF IOWA )
) ss:
BLACK HAWK COUNTY )
Acknowledged before me onGly /"6) 2009, by Timothy J. Hurley
and Nancy Eckert as Mayor and City Clerk, respectively, the City of Waterloo, Iowa.
IOW No Public
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STATE OF IOWA )
) ss:
BLACK HAWK COUNTY )
Acknowledged before me on May it 2009, by
Ri e I and S oyi ,;//gr. as President
and Secretary, respectively, of Waterloo Community School District.
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(44.4404.40,..., ��r
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Notary Public
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