Loading...
HomeMy WebLinkAboutWaterloo Community School District -(RECORDED) Easement Agreement - 4.1.2025 2025-09153 R€ ...a..e..:06/26/2025 03:34:14 PM RECORDING FEE:$22.00 REVENUE TAX:$ COMBINED FEE:$22.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Lt 4vj o/ 0 4eif (00 Prepared by Christopher S.Wendland,P.O. Box 596,Waterloo,IA 50704. Phone(319)234-5701 Return to preparer after recording. EASEMENT AGREEMENT This Easement Agreement(the"Agreement")is entered into as of fip i l 2025 by and between the City of Waterloo, Iowa ("City") and the Waterloo Community School District ("Owner"). 1. Grant of 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, Owner does hereby grant and convey unto City, and City does hereby accept, a permanent public utility easement(the "Easement") in, to,beneath, upon, over, and across the real estate (the "Premises") legally described as set forth on Exhibit"A" attached hereto and by this reference made a part hereof. 2. Purpose. The Premises is intended for use by City, its employees, contractors and agents, for purposes of constructing, operating, inspecting, repairing, maintaining, replacing and removing public utilities infrastructure. The Premises shall not be used for any other purpose without the prior written consent of Owner. It is the intention of the parties that Owner shall have no liability relating to the Easement or any such improvements. 3. Owner Duties. Owner makes the Premises available to City, "as is," without any representation or warranty as to the condition of the Premises or its suitability for City's use. Owner shall have no duty to prepare the Premises in any way for City's use, and Owner shall have no further duty or obligation with respect to the Premises, except as set forth herein, other than the duty not to cause damage to improvements made to the Premises. 4. Easement Conditions. City shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees, and other vegetation from the Premises as reasonably necessary in support of the Easement purposes and related activities. If City's Easement activities disturb the soil, upon completion City shall level the soil and otherwise make reasonable effort to restore the Premises to the condition it was in before work commenced. Owner may mow grasses and vegetation growing on the Premises,but without the prior written consent of City,which shall not be unreasonably withheld, Owner may not conduct other activities upon the Premises that impede or interfere with City's use of the Easement or access to the Premises, such as but not limited to erecting fences or structures, installing paved surfaces, or planting any trees or shrubs. as 5. Indemnification. To the extent permitted by applicable law, each party shall indemnify the other party, its elected officials, officers, employees and agents, from and against any and all claims, demands, causes of action, fines, fees,penalties, costs, expenses and liabilities of any type or nature whatsoever,including but not limited to reasonable attorney fees and expenses,arising from the grossly negligent acts or omissions or willful misconduct of the indemnifying party in relation to the Premises or the Easement. 6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, 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. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts delivered by electronic means, shall be deemed an original and all of which shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. WATERLOO COMMUNITY SCHOOL CITY OF WATERLOO, IOWA DISTRICT By: dir' / By: D.t.,u2.,ILMAT)--- Astor Williams, Board President Quentin Hart, Mayor Attest ': ' I U. G . Art.nostabgA. Attest: Pam Arndorfer elley Fe h , ity Clerk Board Secretary 2 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 1 ' ON k Z_ , 2025 by Astor Williams and Pam Arndorfer as Board President and Board Secretary of Waterloo Community School District. .• Eei DEB A H JACOBSi % COMMISSION NO. 708536 p J`* * MY COMMISSION EXPIRES rowlk FEBRUARY 27,2028 Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respecti ely, of the City of Waterloo, Iowa. A�^� BRITNI C PERKINS qP e r COMMISSION NO. Not ublic S I „'?," * MY COMMISSION AIRY IOWA JAAUUARY. --_; -..... jmury j �I?1 o3' 3 N89°4\ ATERLOO PARK 5°E OWNER:W I BOARD EASEMENT EXHIBIT " A " a. + o 53.05' '— 261.26'N89°43'35"E N.LINE PARCEL'E' 1 1 PUBLIC UTILITY EASEMENT O " z =a 1 1 _ O 1 N 1 C� C� i Wn Z 1 Z 31 1.P 5 d w 5 coz � 1 1m ,p, ,-N� PUBLIC UTILITY EASEMENT: W W � THE PUB`---- \ \ ,_,„_,\ ‘' NORTHEAST QUARTER OF SECT ON 2Eli AN IRREGULAR SHAPED ESEENT09VER, TOWNSDH ER P 89p ORTANOHSRANGE 13 PARCEL'E' - w WEST OF THE 5TH P.M., WATERLOO, BLACK HAWK COUNTY, IOWA, ALL MORE SURVEY 1 1 PARTICULARLY DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF MI 2018-00009458 ui I 1 TRACT B IN CENTRAL HEIGHTS ADDITION, AN OFFICIAL PLAT; THENCE I S89°40'41"W ALONG THE NORTH LINE OF SAID TRACT B, A DISTANCE OF 28.89 I OWNER:WATERL000OMMUNITY FEET; THENCE NO2°06'30"W, A DISTANCE OF 199.31 FEET; THENCE c SCHOOLDISTRICT N14°43'55"W, A DISTANCE OF 299.25 FEET TO THE NORTH LINE OF PARCEL E C/) I� o 1 OF THE NORTHEAST QUARTER OF SAID SECTION 29; THENCE N89°43'35"E N., I N ALONG SAID NORTH LINE , A DISTANCE OF 53.05 FEET; THENCE 514°43'55"E, A 0 Li' �' o DISTANCE OF 294.83 FEET; THENCE S02°06'30"E, A DISTANCE OF 199.31 FEET; 0 P. I THENCE S00°40'49"E, A DISTANCE OF 311.97 FEET; THENCE S88°45'31"W, A v IR' DISTANCE OF 20.00 FEET TO THE EAST LINE OF SAID TRACT B; THENCE _H Z Q Q N01 15 16 W ALONG THE EAST LINE 0 F SAID TRACT B, A DISTANCE OF 308.10 = U _ O PQB I FEET TO THE POINT OF BEGINNING. w rn 28.89'� I I- vN O IIIII S89°40'41"W I W O O C EIGNTS cWn 0 Q Q CEt4T ITioN 1 OWNER: LEGEND: w A I WATERLOO COMMUNITY FOB POINT OF BEGINNING c) in 308.10'� I SCHOOL DISTRICT W N01°15'16"W I M I I PREPARED FOR: CITY OF WATERLOO II— COGRAPHIC SCALE I REFERENCE NUMBER: I 120 0 60 120 I S.LINE PARCEL'E' DRAWN BY: ie!ielii LDH \\_20.00' S88°45'31"W PROJECT NUMBER: SHEET 1 OF 1 240103 Prepared by Christopher S.Wendland,P.O.Box 596,Waterloo,IA 50704. Phone(319)234-5701 Return to preparer after recording. EASEMENT AGREEMENT This Easement Agreement(the"Agreement")is entered into as of_ 2025 by and between the City of Waterloo, Iowa ("City") and the Waterloo Community School District ("Owner"). 1. Grant of 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, Owner does hereby grant and convey unto City, and City does hereby accept, a permanent public utility easement(the"Easement") in, to,beneath, upon, over, and across the real estate (the "Premises") legally described as set forth on Exhibit"A" attached hereto and by this reference made a part hereof. 2. Purpose. The Premises is intended for use by City, its employees, contractors and agents, for purposes of constructing, operating, inspecting, repairing, maintaining, replacing and removing public utilities infrastructure. The Premises shall not be used for any other purpose without the prior written consent of Owner. It is the intention of the parties that Owner shall have no liability relating to the Easement or any such improvements. 3. Owner Duties. Owner makes the Premises available to City, "as is," without any representation or warranty as to the condition of the Premises or its suitability for City's use. Owner shall have no duty to prepare the Premises in any way for City's use, and Owner shall have no further duty or obligation with respect to the Premises, except as set forth herein, other than the duty not to cause damage to improvements made to the Premises. 4. Easement Conditions. City shall have the right, but not the obligation, to trim and/or remove grasses, bushes, trees, and other vegetation from the Premises as reasonably necessary in support of the Easement purposes and related activities. If City's Easement activities disturb the soil, upon completion City shall level the soil and otherwise make reasonable effort to restore the Premises to the condition it was in before work commenced. Owner may mow grasses and vegetation growing on the Premises,but without the prior written consent of City,which shall not be unreasonably withheld, Owner may not conduct other activities upon the Premises that impede or interfere with City's use of the Easement or access to the Premises, such as but not limited to erecting fences or structures, installing paved surfaces, or planting any trees or shrubs. 5. Indemnification. To the extent permitted by applicable law, each party shall indemnify the other party, its elected officials, officers, employees and agents, from and against any and all claims, demands, causes of action, fines, fees,penalties, costs, expenses and liabilities of any type or nature whatsoever,including but not limited to reasonable attorney fees and expenses,arising from the grossly negligent acts or omissions or willful misconduct of the indemnifying party in relation to the Premises or the Easement. 6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, 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. This Agreement may be executed in multiple counterparts, each of which, including counterparts signed electronically or signed counterparts delivered by electronic means, shall be deemed an original and all of which shall be deemed to be one and the same instrument. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. WATERLOO COMMUNITY SCHOOL CITY OF WATERLOO, IOWA DISTRICT By: � ��� By: DutiLsks,:irkfe— Astor Williams, Board President Quentin Hart, Mayor Attest � 0. G . Attest: Pam Arndorfer elley Fe h , ity Clerk Board Secretary 2 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 1 ' k\4 \Z , 2025 by Astor Williams and Pam Arndorfer as Board President and Board Secretary of Waterloo Community School District. It DEB A H JACOBS s r COMMISSION NO. 708536E ,.. * is MY COMMISSION EXPIRES d rover, FEBRUARY 27,2028 Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respecti ely, of the City of Waterloo, Iowa. BRITN% C PERKIHS �Pp1A�SF o r COMMISSION NO' Not ublic Ir MY COMMISSION 'S IOWA Jl1NU�1HY .- '' - Jo i wj `d?I 2dai 3 EXHIBIT "A" Description of Easement Premises See attached survey.