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HomeMy WebLinkAboutFarmers State Bank - (RECORDED) Permanent Easement Agreement - 9.2.2025 2025-15329 RECORDED: 10/17/2025 03:46:23 PM RECORDING FEE:$27.00 REVENUE TAX:$ COMBINED FEE:$27.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA 4, Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of c..liergyzem z , 2025 by and between the City of Waterloo, Iowa("Grantee") and Farmers State Bank("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein,and for other good and valuable consideration in the amount of$20,418.00,the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit"A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit"B". 2. Purpose. The Premises is intended for installation, maintenance and replacement of sanitary sewer main. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises,"as is,where is",without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises,Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. al 6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective 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 counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF,the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. FARMERS STATE BANK CITY OF WATERLOO, IOWA 1.3 / e By: v, r inn5 TAA" Dustin Thorson, Executive Vice President Quentin M.Hart,Mayor .' Attest: _ Kelley Fele , City Clerk STATE OF .I-d UJG` ) ) ss. bVta, 144.wK_ COUNTY) f'� Acknowledged before me on_�_ ,.,�\A a� , 2025,by Du54 C\-MO C'S 0 n as E•V I' of Farmers State Bank NLLrn (1 J( - tary Public I Pa F 74 . s"1 DANA L HUMMEL s COMMISSION NO.161162 STATE OF IOWA ) .1 m "EXPIRES ) SS. ?.. BLACK HAWK COUNTY ) nn Acknowledged before me on.? ( _, 2025,by Quentin M. Hart and Kelley s e tivel of the Cityof Waterloo, Iowa. Felchle as Mayor and City Clerk,xX, p y, DPP'" o BRITNI C PERKINS- 2 z COMMISSION NO.845529 4 /- ;;;;;;,* MY COMMISSION EXPIRES Not is IOWA JANUARY 27,2()28 2 4 EXHIBIT"A" Legal Description Description: Permanent Utility Easement: Part of Lot 1 of Tower Park No. 4, in the City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southwesterly corner of said Lot 1,also being the intersection of the Westerly line of the East 1/2 of the Northeast 1/4 of Section 9, Township 88 North, Range 13 West of the 5th PM. and the Northerly right-of-way line of U.S. Highway 20;thence North 00°26'35" West(assumed bearing for the purpose of this description) along the Westerly line of said Lot 1,also being the Westerly line of the East 1/2 of the Northeast 1/4 said Section 9, a distance of 470.00 feet to the Easterly prolongation of the Southerly right-of-way line of Fisher Street;thence South 89°33'28" East along the Easterly prolongation of the Southerly right-of-way line of Fisher Street, 30.00 feet to the Easterly right-of-way line of Winn Street,being the Point of Beginning;thence North 00°26'35" West along the Easterly right-of-way line of Winn Street, 346.09 feet(346.22 feet record);thence Northeasterly 31.42 feet(arc length) along the Easterly right-of-way line of Winn Street, being a 20.00-foot radius curve concave Southeasterly and having a 28.28-foot long chord bearing North 44°33'25" East;thence South 00°26'35" East, 305.27 feet;thence South 48°33'34" East, 47.01 feet; thence South 00°26'35" East 30.29 feet;thence North 89°33'31" West, 55.00 feet to the Point of Beginning. Containing 8,839 Square Feet or 0.20 Acre. 3 Index Legend Exhibit "B" Location: Part of Lot 1 of Tower Park No.4,City of Waterloo,County of Black Hawk,State of Iowa Requestor: City of Waterloo,Iowa Proprietor: Farmers State Bank Surveyor: Michael R.Fagle Company: AECOM Michael R.Fagle,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mike.fagle@aecom.com-319-874-6595 PREPARED BY:MICHAEL R.FAGLE P.L.S.8505 AECOM 501 SYCAMORE STREET,SUITE 222 WATERLOO,IOWA 50703 1-319-232-6531 PERMANENT EASEMENT PART OF LOT 1 OF TOWER PARK NO. 4, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA NW Cor.E 1/2 NE 1/4. 7(fl-3 Sec 9 T88N R13W W'ly Line E 1/2 NE 1/4 Fnd.Mag Na existing r#16775 � Sec.9-88-13W from existing ties.Doc. 2021-00012078. Fnd.1/2"Rebar/Orange Plastic Cap No.28139 Fnd.1/2"Rebar Tower Park Drive(60'R-O-W) © r ©c / E'ly R-O-W line Winn Street 1 3i Existing Drainage p Easement I 1I Existing 10' I sI Utility Easement Area of Permanent Easement I m i 8,839 S.F.or 0.20 Acre v Lot 3 in, Tower Park No.5 c I Fnd.1/2"Rebar/Red Plastic 3' _ Proposed Permanent L Cap No.12088 O Utility Easement f I N. Fisher Street(60'R-O-W) ' 1 ® \—S'ly R-O-W line P.O.B.i1-.2 O 0. Fisher Street Lot 1 Tower Park No.4 a tw E Farmers State Bank Existing 20'Drainage aL E a, and Utility Easement tn aw Lott i,- inn>, Tower Technology Park No.1 m ai Veridian Credit v m S Union vi c.0 See Sheet 2 of 2 for Bearing/Distance Table `c n,m and Description Parcel"I" 3 8 Doc.2009-00013052 Winn Street(60'R-O-W) Tract"A" Existing 20'Drainage Drainage,Storm Sewer and Utility Easement and Utility Easement Tract"B" i ORebar/Orange 4C) U.S.Hwy.20 \—N'ly R-O-W Line Plastic Cap No.7811 Fnd.5/8"Rebar Alum. U.S.Hwy.20 I-DOT Cap P.O.C. Revised 7-14-2025 N SW Corner Lot 1 Tower Park No.4 and the SE Corner Lot 1 Tower Technology Date Signed:7-14-2025 I hereby certify that this Land Surveying Park No.1 docurent was prepared by nee or under also being the Intersection my direct personal supervision and of the W'I Line of E 1/2 NE 1/4 Sec. r,Mo '.-- that I a'n a ly Licensrd Land Surveyor 0®0 y .••..`•......�,�:, i.yt�t i o �iata or Iowa. 75 9-88-13W and the N'ly Right-of-Way `W f(/� v,(� Line U.S.Hwy 20 =_ eisaau-1.'tom / 7-7.4-2025 SCALE 1"=15t)' ta44t =• MICHAEL M.FA6LE Date '. .` 4545 ,, License maker 65D5 's ;owy ., My license renewal date is December 31,2026 AECOM „,,s"" , /'�`O� • Pages or sheets covered by this seal: SHEET 1 OF 2 SHEET I AND 2 OF 2 Exhibit "B" Continued PERMANENT EASEMENT PART OF LOT 1 OF TOWER PARK NO. 4, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA BEARING/DISTANCE 1 TO 2 N 89 ° 33 ' 31 " W 780.69' 780.00'Record 1 TO 3 N 00 ° 26 ' 35 " W 1360.07' 1 TO 4 N 00 ° 26 ' 35 " W 470.00' 4 TO S S 89 ° 33 ' 28 " E 30.00' 5 TO 6 N 00 ° 26 ' 35 " W 346.09' 346.22'Record 6 TO 7 R=20.00' L=31.42' LC=N 44°33'25"E 28.28' 7 TO 8 S 00 ° 26 ' 35 " E 305.27' 8 TO 9 S 48 ° 33 ' 34 " E 47.01' 9 TO 10 S 00 ° 26 ' 35 " E 30.29' 10TO 5 N 89 ° 33 ' 31 " W 55.00' Description: Permanent Utility Easement Part of Lot 1 of Tower Park No.4,in the City of Waterloo,County of Black Hawk,State of Iowa, more particularly described as follows. Commencing at the Southwesterly corner of said Lot 1,also being the intersection of the Westerly line of the East 1/2 of the Northeast 1/4 of Section 9,Township 88 North, Range 13 West of the 5th PM.and the Northerly right-of-way line of U.S. Highway 20;thence North 00°26'35" West(assumed bearing for the purpose of this description)along the Westerly line of said Lot 1,also being the Westerly line of the East 1/2 of the Northeast 1/4 said Section 9,a distance of 470.00 feet to the Easterly prolongation of the Southerly right-of- way line of Fisher Street;thence South 89°33'28" East along the Easterly prolongation of the Southerly right-of-way line of Fisher Street,30.00 feet to the Easterly right-of-way line of Winn Street, being the Point of Beginning;thence North 00°26'35"West along the Easterly right-of-way line of Winn Street,346.09 feet(346.22 feet record);thence Northeasterly 31.42 feet(arc length)along the Easterly right-of-way line of Winn Street,being a 20.00-foot radius curve concave Southeasterly and having a 28.28-foot long chord bearing North 44°33'25" East;thence South 00°26'35" East,305.27 feet;thence South 48°33'34" East, 47.01 feet;thence South 00°26'35" East 30.29 feet;thence North 89°33'31"West,55.00 feet to the Point of Beginning. Containing 8,839 Square Feet or 0.20 Acre. Revised 7-14-2025 AECOM SHEET 2 OF 2 /1" Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of 2 , 2025 by and between the City of Waterloo, Iowa("Grantee") and Farmers State bank("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of$20,418.00,the receipt and sufficiency of which is hereby acknowledged,Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, for the purposes stated herein, a permanent easement (the "Easement") in, to, upon, over, across, and beneath the real estate (the "Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof, as depicted on the easement plat attached hereto as Exhibit"B", 2. Purpose, The Premises is intended for installation,maintenance and replacement of sanitary sewer main. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "as is,where is",without any representation or warranty as to the condition of the Premises. Grantor shall have no duty to prepare the Premises in any way for Grantee's use. 4. Grantee Duties. Following completion of Grantee's work in the Premises,Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 6. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective 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 counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. IN WITNESS WHEREOF,the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above, FARMERS STATE BANK CITY OF WATERLOO, IOWA I3y: - 14' By: 1 Dustin Thorson, Executive Vice President Quentin M. Hart,Mayor Attest:- e _ 4=�tJ�- Kelley Felc , City Clerk STATE OF 14tM_ ) ) ss. bv,, , L4&wiC_ COUNTY) Acknowledged before me on ,A,..`V,, a� , 2025, by DU_ =, 1 `So n _as E.0 P of Farmers State Bank L 4.-Iii,„ n"\Ci( tart'Public -Fwa ,. s R I DANA L HUMMEL ,_ '' COMMISSION NO.161162 STATE OF IOWA ) °" k_ZYML914 EXPIRES ss. ?.. BLACK HAWK COUNTY ) Acknowledged before me on ( q. _, 2025, by Quentin M. Hart and Kelley andCityClerk, res e tivel of the Cityof Waterloo, Iowa. Felchle as Mayorp Y, Vi 0 BRITNI C PERKINSI—- COMMISSION NO.845529 I 4 * MY COMMISSION EXPIRES Not ry-P le IOWA JANUARY 27,2(128 2 EXHIBIT"A" Legal Description Description: Permanent Utility Easement: Part of Lot 1 of Tower Park No. 4, in the City of Waterloo,County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southwesterly corner of said Lot 1, also being the intersection of the Westerly line of the East 1/2 of the Northeast 1/4 of Section 9, Township 88 North,Range 13 West of the 5th PM. and the Northerly right-of-way line of U.S. Highway 20;thence North 00°26'35" West(assumed bearing for the purpose of this description) along the Westerly line of said Lot 1, also being the Westerly line of the East 1/2 of the Northeast 1/4 said Section 9, a distance of 470.00 feet to the Easterly prolongation of the Southerly right-of-way line of Fisher Street;thence South 89°33'28" East along the Easterly prolongation of the Southerly right-of-way line of Fisher Street, 30.00 feet to the Easterly right-of-way line of Winn Street, being the Point of Beginning;thence North 00°26'35" West along the Easterly right-of-way line of Winn Street, 346.09 feet(346.22 feet record);thence Northeasterly 31.42 feet(arc length) along the Easterly right-of-way line of Winn Street, being a 20.00-foot radius curve concave Southeasterly and having a 28.28-foot long chord bearing North 44°33'25" East;thence South 00°26'35" East, 305.27 feet; thence South 48°33'34" East, 47.01 feet; thence South 00°26'35"East 30.29 feet;thence North 89°33'31" West, 55.00 feet to the Point of Beginning. Containing 8,839 Square Feet or 0.20 Acre. 3 EXHIBIT"B" Plat for Easement See attached. 4 Index Legend Location: Part of Lot 1 of Tower Park No.4,City of Waterloo,County of Black Hawk,State of Iowa Requestor: City of Waterloo,Iowa Proprietor: Farmers State Bank Surveyor: Michael R.Fagle Company: AECOM Michael R.Fa gl e,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mike,fagle@aecorn.com-319-874-6595 PREPARED BY:MICHAEL R.EAGLE P.L,S,8505 AECOM 501 SYCAMORE STREET,SUITE 222 WATERLOO.IOWA 50703 1-319-232-6531 PERMANENT EASEMENT PART OF LOT 1 OF TOWER PARK NO. 4, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA NW Cor,E 1/2 NE 1/4 I Sec 9 TB8N R13W W'ly Line E 1/2 NE 1/4 End.Meg Nall/Washer#16775 Sec 9-88-13W from existing ties.Doc. 2021.00012078. ' //--End,1/2"Reber/Orange Plastic Cap No.28139 End.1/2'Rebar Tower Park Drive(60'R-O-W) i O / -- r______ .___--._._�_� ®n \ -Ply R-O-W line \ ' Winn Street 01.1 Existing Drainage CS! rt Easement II S. Existing 10' ` :csI Utility Easement I Area of Permanent Easement 8,839 S.F.or 0.20 Acre Lot 3 N, Tower Park No.5 G. Fnd,1/2"Rebar/Red Plastic 1------Proposed Permanent L Cap No,12088 ® Utility Easement Fisher Street(60'R-O-W) (Q�! 1 Q —."1(-...... O @ Fisher Street Lot 1 N ;1, Tower Park No.4 Existing 20'Drainage 34 Fa Farmers State Bank and Utility Easement W Lot 1 Tower Technology Park No.1 ta Verldlan Credit ° Union g v See Sheet 2 of 2 for Bearing/Distance Table c G A 5 and Description Parcel"I" N Doc.2009-00013052 1 `—— Winn Street(60'R-O-W) Tract"A" Existing 20'Drainage Drainage,4 ' ,Storm Sewer and Utility Easement and Utility Easement Tract"8" ----.—. . --- O d.Rebar/Orange 4.0 U.S.Hwy.20 �N'ly R-O-W Line Plastic Cap No.7811 End.5/8"Rebar Alum. I-DOTP.O.C. U.S.Hwy.20 N SW Corner Lot 1 Tower Revised 7-14-2025 I Park No.4 and the SE CornerDate Signed:7-14-2025 Lot 1 Tower Technology hereby certify{het ul.Lend s...yma Park No.1 dprumnt vas prepared by et or order also being the Intersection ey direct per+a.el puperelplm end of the W'ly Line of E 1/2 NE 1/4 Sec. tee°p rhet 1 era :ly L tmvd Land lziyor 0 75 150 •o..••••••• 04 t•or love. 9-88-13W and the N'ly Right-of-Way a'{ tic //rof'Is/1 key. ozs SCALE 1">.150' Line U.S.Hwy 20 �(r P11`�" Nlc�un s.rA 7.114n Litton,e.Wr men iorA v, ay I aeon renewal pte Is Wcwher 31,2021 AECOM reaps or Orate covered by tots well SHEET 1 OF 2 SRFCT i AND 2 QE 2 • PERMANENT EASEMENT PART OF LOT 1 OF TOWER PARK NO. 4, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA BEARING/DISTANCE 1 TO 2 N 89 ° 33 '31 " W 780.69' 780.00'Record 1103 N 00 ° 26 '35 " W 1360.07' 1 TO 4 N 00 ° 26 ' 35 " W 470,00' 4 TO 5 S 89 ° 33 '28 " E 30.00' 5 TO 6 N 00 ° 26 '35 " W 346,09' 346,22'Record 6 TO 7 R=20.00' L=31.42' LC=N 44°33'25"E 28.28' 7 TO 8 S 00 ° 26 '35 " E 305.27' 8 TO 9 S 48 ° 33 '34 " E 47.01' 9 TO 10 S 00 ° 26 '35 " E 30.29' 10 TO 5 N 89 ° 33 '31 " W 55.00' Description:Permanent Utility Easement Part of Lot 1 of Tower Park No.4,in the City of Waterloo,County of Black Hawk,State of Iowa,more particularly described as follows. Commencing at the Southwesterly corner of said Lot 1,also being the intersection of the Westerly line of the East 1/2 of the Northeast 1/4 of Section 9,Township 88 North,Range 13 West of the 5th P.M.and the Northerly right-of-way line of U.S. Highway 20;thence North 00°26'35"West(assumed bearing for the purpose of this description)along the Westerly line of said Lot 1,also being the Westerly line of the East 1/2 of the Northeast 1/4 said Section 9,a distance of 470.00 feet to the Easterly prolongation of the Southerly right-of- way line of Fisher Street;thence South 89'33'28" East along the Easterly prolongation of the Southerly right-of-way line of Fisher Street,30.00 feet to the Easterly right-of-way line of Winn Street,being the Point of Beginning;thence North 00°26'35"West along the Easterly right-of-way line of Winn Street,346.09 feet(346.22 feet record);thence Northeasterly 31.42 feet(arc length)along the Easterly right-of-way line of Winn Street,being a 20.00-foot radius curve concave Southeasterly and having a 28.28-foot long chord bearing North 44°33'25" East;thence South 00°26'35" East,305.27 feet;thence South 48°33'34"East, 47.01 feet;thence South 00°26'35"East 30.29 feet;thence North 89°33'31"West,55.00 feet to the Point of Beginning. Containing 8,839 Square Feet or 0.20 Acre. Revised 7-14-2025 ♦1=COM SHEET 2 OF 2