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Home My WebLink AboutQWEST Corporation-Easement Agreement-07.06.2009 ri-Go The Instrument Drafted By: RECORDING INFORMATION ABOVE Return to: Nancy DeVinay-McNeley Bill Geneser Qwest Corporation Ulteig Engineers,Inc. 2103 E.University Ave. 215 E.21m St DesMoines,IA 50317 Madrid,IA 50156 (515)263-7390 EASEMENT AGREEMENT (515)490-7374 The undersigned, City of Waterloo, (Grantor), whose address is, 715 Mulberry St, Waterloo IA 50703, for and in consideration of One dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged,does hereby grant and convey unto QWEST CORPORATION,a Colorado corporation(Grantee),whose address is 1801 California St.,Suite 5200,Denver,CO 80202,and its successors,assigns,affiliates,lessees,licensees, and agents, a perpetual non-exclusive easement to construct, modify, add to, maintain, and remove such telecommunications facilities,electrical facilities,and other appurtenances,from time to time,as Grantee may require upon,over,under and across the following described property situated in the County of Black Hawk ,State of Iowa,which the Grantor owns or in which Grantor has an interest to wit: SEE EXHIBITS"A"&"B", ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. LEGAL DESCRIPTION IS ON PAGE THREE Grantor further conveys to Grantee the right of ingress and egress to and from the Easement Area during all periods of construction,maintenance,installation,reinforcement,repair and removal over and across Grantor's lands with the right to clear and keep cleared all trees and other obstructions as may be necessary for Grantee's use and enjoyment of the Easement Area. Grantee shall indemnify Grantor for all damages caused to Grantor as a result of Grantee's negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for environmental contamination,which is either pre- existing or not caused by Grantee. Grantor reserves the right to occupy,use and cultivate the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor covenants that Grantor is the fee simple owner of the Easement Area or has an interest in the Easement Area. Grantor will warrant and defend title to the Easement Area against all claims. Grantor hereby covenants that no excavation,structure or obstruction will be constructed,or permitted on the Easement Area and no change will be made by grading or otherwise that would adversely affect Grantee's use and enjoyment of the Easement Area. The rights,conditions and provisions of this Agreement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. R/W# Page 1 of 4 Initials Any claim,controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association,and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the Easement Area is located. Dated this C, day of �� l N. ,2009. City of Waterloo Grantor By Print Name J i n'1 (ey Title ( ayor STATE OF IOWA } }ss COUNTY OF BLACK HAWK } The foregoing instrument was acknowledged before me this' day of -)cdy 2009 by or eg t YY Ht-l-11-eNt The V ha-y o ( . of the City of Waterloo Witness My Hand and Official Seal Notary Public My commissio pines: 7 3 0-0 R/W# Job# 81C1GU7 Exchange Waterloo County Black Hawk 1/4 Section SE Section 32 Township 89N Range 13W Page 2 of 4 Exhibit A This description prepared by: Ulteig Engineers,Inc. 215E21stSt Madrid,Ia 50156 Property Description: The West One-Half of the Southeast Quarter of Section 32,Township 89 North, Range 13'West,of the 5th P.M.,City of Waterloo,Black Hawk County,Iowa. Easement Description: See attached Exhibit"B",Plat of Survey. Page 3 of 4 EXMIBIT PLAT OF SURVEY EASEMENT SURVEY w E LOCATED IN THE WZ OF THE SE OF SECTION 32,T 89N, R13W, 5TH P. M. Scale in Feet LEGAL DESCRIPTION OF THE PROPERTY 0 6 12 24 The West one-half of the Southeast Quarter of Section 32,Township 89 North,Range 13 West,Fifth Principal Meridian,City of Waterloo,Blackhawk County.Iowa. Except the East 475 feet of the South 790 feet thereof. LEGAL DESCRIPTION OF THE EASEMENT An easement for telecommunication purposes over under and across that part of the hereinbefore described property described as follows: Commencing at the southeast corner of said Southeast Quarter of Section 32,Thence South 89 degrees 10 minutes 28 seconds West 1322.57 feet along the south line of said Southeast Quarter to the southeast corner of said West one-half of the Southeast Quarter;Thence continuing South 89 degrees 10 minutes 28 seconds West 476.00 feet along said south line of said Southeast Quarter;Thence North 00 degrees 49 minutes 32 seconds West 33.00 feet to the point of beginning for the easement to be described;Thence continuing North 00 degrees 49 minutes 32 seconds West 25.00 feet;Thence South 89 degrees 10 minutes 28 seconds West 25.00 feet;Thence South 00 degrees 49 minutes 32 seconds East 25.00 feet;Thence North 89 degrees 10 minutes 28 seconds East 25.00 feet to the point of beginning. Said easement contains 625 square feet more or less. Said easement subject to easements,reservations and restrictions of record,if any. I SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT OF SURVEY AND EASEMENT WERE PREPARED O S89°1o26 w AND THAT THE RELATED SURVEY WORK 25.00 WAS PERFORMED BY ME OR UNDER MY Z DIRECT PERSONAL SUPERVISION AND THAT I 0 AM DULY LICENSED LAND SURVEYOR UNDER \,0 ' " LL�� THE /LAWS HE STATE OF IOWA. h p,te N Q� - h W o N ,,25�Q,S PbpP O.N 0 W TER J.GRE 0 Z�OPP�OP z x LICENSED LAND SURVEYOR NO.15271 yla W DATED THIS 8TH DAY OF JUNE,2009. MY LICENSE RENEWAL DATE IS N89°10'28"E DECEMBER 31,2009 25.00 5.06 NORTH LINE OF RIDGEWAY AVE PINCH TOP \\,,;,1 N D S,-f<%,.'' �� LL - WALTER J. O o`rk ' H GREGORY i-o=_ PO3F01/4 r--- NO. - 15271 LP o LL ter. �, I `•:" in Z J o O W ��/,/OtWtNu``e`\. RIDGEWAY ii ° AVE. S 1/4 COR SEC 32. w SE COR SEC 32. / T89N,R13 T89N,R13 1 FD PK NAIL A FD LEAD PLUG . J` 476.00 SOUTH LINE OF THE SE 1/4,SEC 32 S89°10'28"W S89°10'28"W se GO—o 322.57f sE 1I 1322.57 1 OF W • Fd. I/ or i Easement Exhibit Qwest Communications SMIA Falk-Bismarck-Denver-Detroit Lakes.Fargo-Mimed Pro ect No. 81 C1GU7 Protect Number,08.00362 U t e i 5701 South Corporate Place 1 Date: June 12 7008 Sioux Falls,South Dakota 57108 West Ridgeway Ave. Drawn By: WJG Phone:605.323.2306 Fax:605.323.2308 Approved By: WJG Web: www.ulteg.com Waterloo, Iowa Sheets: loll s1.1Profaae120oewwe.003621-OD.0e.003621RweewO wS00way Eammen1.en0.Mc .ytflzzow 120 PM i _,ra_, . Qwest Easement - Waterloo, Iowa 3 AIII Initial Easement Site Proposed Easement Site c in--,:,_,:;'-f:4:4,6",1 41111110111 •; �yU i L ?" ' West Ridgeway Avenue s r . 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