HomeMy WebLinkAbout1986-186-04.07.1986 RESOLUTION NO. 1986-186
RESOLUTION ACCEPTING AND APPROVING A
TEMPORARY EASEMENT ON REAL PROPERTY
WHEREAS, The City of Waterloo, Iowa, has had the
parcel described herein appraised and the fair market value
ascertained; and
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WHEREAS, the acquisition of a Temporary Easement
hereinafter described is necessary to carry out the Kimball
a Avenue Reconstruction Project in connection with the
m s ' Interstate Substitution Plan.
=' �; NOW, THEREFORE, BE IT RESOLVED by the City Council
0 m of the City of Waterloo, Iowa, that the contract for the
F— parcel hereinafter described, all of which is situated in the
cz City of Waterloo, Black Hawk County, Iowa, is accepted and
approved and the Mayor and City Clerk are authorized and
R- directed to execute the same in behalf of the City and to
cc execute all instruments necessary to consummate the agreement
0- for the Temporary Easement from the owners thereof, and the
cc c c City of Waterloo is directed to pay for the properties and
`° fi the incidental expenses necessary to the consummation of the
sales from City Funds.
The subject parcel is:
PARCEL NO. DESCRIPTION
102 - Claire O. Shaw, Owner See Attached
Harlan D. and Maxine Legal Description
M. Heise, Contract Buyers
Passed and adopted this 7th day of April , 1986.
(://73-e"--vvleie_c_e0Bernard L. N cK�i nl ey, Mayor
ATTEST:
La y P. rger, Cit lerk Auditor
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TEMPORARY EASEMENT CONTRACT
Page 1
PARCEL NO. 102 COUNTY BLACK HAWK
PROJECT NO. IX -6641 (1 ) --79-07 ROAD No. KIMBALL AVENUE
THIS AGREEMENT made and entered into this / day of MARCH
A.D.19 86 ,by and between
CLAIRE 0. SHAW/CONTRACT HARLAN AND MAXINE HEISE
Seller, City of Waterloo, Iowa, Buyer.
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1. SELLER GRANTS to the Buyer a temporary easement upon Seller's real estate, hereinafter referred to as the premises,situated in the
following(1/4 1/4 Sec./Twp./Rge.)OR(Lot/Blk./Subdiv.): SE4 Sec. 34-89-13
County(or City)of WATERLOO ,State of Iowa,and more particularly described on Page
for the purpose of GRADING
on land described as: ATTACHED
measured from the centerline of the proposed highway and as shown on the project plans for said highway improvement.The premises
also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such
• devices as are located thereon,and the following buildings,improvements and other property: N/A
SELLER CONSENTS to any change of grade of the highway and accepts payment under this contract for any and all damages arising
therefrom. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and
discharges the Buyer from liability because of this contract and the construction of this public improvement project.
2. Possession of the premises is the essence of this contract and SELLER GRANTS Buyer immediate possession of the premises.
3. Buyer agrees to pay the Seller the Total Lump Sum of$ 0 on or before the — day of ---
19 - . Buyer may include mortgagees, lienholders,encumbrancers and taxing authorities as payees on warrants as contract
payment.
4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: N/A
5. It is agreed that the right of temporary easement granted by this contract shall terminate upon the completion of this highway project.If
this contract is recorded, the Resident Construction Engineer will release the said easement rights after the project has been com-
pleted by recording a Release of Temporary Easement. Buyer will provide Seller with a copy of Release after recording.
6. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay-all liens and
assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance, and agrees to
warrant good and sufficient title.Names and addresses of lienholders are:
N/A
7. In addition to the Total Lump Sum, Buyer agrees to pay 0 the cost of adding title documents required by this
transaction to Seller's abstract of title. SELLER AGREES to obtain court approval of this contract, if requested by the Buyer, if title to
the premises becomes an asset of any estate,trust,conservatorship or guardianship. Buyer agrees to pay court approval costs and all
other costs necessary to transfer the premises to the Buyer, but not attorney fees. Claims for such transfer costs shall be paid in
amounts supported by paid receipts or signed bills.
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,we the undersigned claimants
cer ify the total lump sum payment shown herein 's just and unpaid.
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8. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 3 pages.
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9. Buyer agrees that any drain tile which are located within the premises and are damaged by highway construction shall be repaired at no
expense to Seller.Where Buyer specifically agrees to construct and maintain fence,the fence shall be constructed and maintained for
vehicle access control purposes only at no expense to the Seller. Buyer shall have the right of entry upon Seller's remaining property
along the right of way line, if necessary, for the purposes of connecting said drain tile and constructing and maintaining said fence.
Seller may pasture against said fence at his own risk. Buyer will not be liable for fencing private property or maintaining the same to
restrain livestock.
10. If the Seller holds title 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 survivor of that joint tenancy and will accept title solely from that survivor,pro-
vided the joint tenancy has not been destroyed by operation of law or acts of the Seller.
11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or
deed except as specifically provided for herein.
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SELLER'S ACKNOWLEDGMENT /
STATE OF IOWA: ss On this �3 day of _ MARCH 19 86
,before me,the undersigned,
perso+Illy ,;;.;arcU Maxi de_ M. lie_1s_e_a __Hail an 1 Hai cp
known to me to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same
as their voli,rtrary act and ceeri.
/6-21..Z7_,A)
Donna Cutler Notary Public in and for brie State of Iowa
BUYER'S ACKNOWLEDGMENT
JfAI_Ur'IOVVA: ss Ontnls dayot MARCH
personally appeared 19 86 before me,the undersigned,
— — _,known to me to be a Right of Way Director of the
Buyer and wno did say that said instrument was signed on Denait of the Buyer by its authority duly recorded in its minutes,and the said Right
of Way director acknowledged the execution of said instrument, which signature appears hereon, to be the voluntary act and deed of the
i u. . voluntarily xr-, zea.
Notary Public in and tor the State of Iowa
BUYER'S APPROVAL
Recommended By: Project Agent (Date)
0
III a40'
O IRON STAKE SET
• IRON STAKE FOUND
50' 25' 75' 25 --50 --
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LOT LOT 104
LOT 102 103
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L._— 50 I 25 J 75 I 25' 50'
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SE CORNER SEI/4
(SECTION 34-89-13 I.
rig t)
a NIKIMBALL AVE. E.LINE SEI/4 N 01°45'33"W
PROJECT: KIMBALL AVENUE R-O-W DESCRIPTION
PROJECT NUMBER : IX-6E4I(I) - 70-07 SEE ATTACHMENT
OWNER: CLAIRE 0. SHAW CERTIFICATE
Contract to: Harlan D. & Maxine M. Heise-Fps-3i-ss I HEREBY CERTIFY THAT I AM A DULY
ADDRESS
^z� Kimball rlb:�I 1 Avenue RE`ISTERED PROFESSIONAL_ LAND SURVEYOR UNDER
(Tax Mail i nc) 2"'0 .- THE LAwS OF THE STATE OF 10WA AND THAT
—� THiS PLr.T WAS PREPARED UNDER MY DIRECT
DEL CcI F-c----�—{ i: :' -. -------- ._ PERSONAL
NUMBER COCE r,y''IEE R sJPERvis10N_
f;G T 11,554
_10 2 _ 378-70-1 5 i '- ~— t l fl
7-_-/,----/.z.,--/
SOHENK ENGINEERING COMPANY ' DATE F. R. DES_
IA. REV. NO. 73! 1
WATERLOO , ICWA 50702 1-
Parcel Code: 378-20-15
EXHIBIT
RIGHT-OF-WAY
KIMBALL AVENUE RECONSTRUCTION
CITY OF WATERLOO, IOWA
OWNER: CLAIRE O. SHAW
DESCRIPTION:
TEMPORARY GRADING EASEMENT (PARCEL NO. 102)
The East 15. 00 feet of the North 25.00 feet of Lot 102, Second Addition to
Kenyon 's Addition to Waterloo, Black Hawk County, Iowa.
Containing approximately 375 sq. ft.