HomeMy WebLinkAboutRealty Income Corporation-5/2/2016(REDORDED)C4tij o-( ��cLb loo
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Doc ID: 008254670007 Type GEN
Recorded: 10/17/2017 at 02:57:55 PM
Fee Amt: $37.00 Page 1 of 7
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2018-00006815
(ABOVE SPACE RESERVED FOR RECORDER'S USE)
Document Title:
Document Date:
Grantor Name:
Grantee Name:
Grantee's Address:
Legal Description:
Reference Book and Page:
Grant of Easements
Realty Income Corporation
City of Waterloo
715 Mulberry Street, Waterloo, IA 50703
See attached Exhibit A
Grant of Easements
THIS GRANT OF EASEMENTS ("this Agreement") is made and entered into this
fir" t day of , 2016 (the "Effective Date") by and between Realty
Income Coiporation, a Maryla
(the "Grantee").
corporation (the "Grantor") and the City of Waterloo, Iowa
Recitals
A. Grantor owns the fee simple title to that certain tract of real property (the "Property")
located in Black Hawk County, Iowa, commonly known as 2825 Crossroads Blvd, Waterloo,
Iowa 50702, and more particularly described as follows, to -wit:
See Attached Exhibit A
B. Grantee desires the right to construct or have constructed a sidewalk on a portion of
the Property located along Penneys Street and Crossroads Blvd. Additionally, Grantee desires to
use a portion of Property during the time period Grantee constructs such sidewalk.
C. Grantee has requested Grantor grant and convey to it a permanent easement and
temporary construction easement on the Property in order to perform work for and complete the
Project (as hereafter defined);
D. Grantor has agreed to the grant and conveyance of both the permanent easement and
temporary construction easement upon the terns and conditions as set forth in this Agreement.
7
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual
agreements of the parties contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and
Grantee hereby agree as follows:
1. Subject to all matters of record, Grantor hereby grants to Grantee, its affiliates,
agents, employees and/or contractors the non-exclusive permanent right and easement to
construct, install, and use a pedestrian sidewalk to run within the Property along Penneys Street
and Crossroads containing approximately 2,040 square feet ("Project"), as labeled "Pedestrian
Sidewalk Easement" and further depicted on the Plat of Easement attached hereto as Exhibit B
("Permanent Easement"). Grantee shall not install any utility lines or other improvements in,
on, or under the Permanent Easement area other than a pedestrian sidewalk without the express
written consent of Grantor. Once constructed, Grantor and their respective transferees,
successors, heirs and assigns are responsible to repair, maintain, and replace said sidewalk in
accordance with the Ordinances of the City of Waterloo.
2. Subject to all matters of record, Grantor hereby grants to Grantee, its affiliates,
agents, employees and/or contractors a non-exclusive temporary construction easement for the
sole purpose of performing the work for the Project (the "Temporary Easement"). Grantee, at
its sole cost and expense, shall restore the Property as nearly as practicable to the condition as it
existed prior to Grantee's entry onto the Property, including performing necessary landscaping
work. Grantee's obligation to restore the Property shall survive termination of the Agreement.
The term of the Temporary Easement herein granted shall commence on the date of Grantee's
entry on the Property for purposes of the Project and shall expire on completion of the Project.
Grantee further agrees to provide Grantor an anticipated construction schedule before
commencement of the Project.
3. Any work performed by Grantee, its officials, agents, employees, or contractors in
connection with the Permanent Easement, Temporary Easement, and/or the exercise of Grantee'
rights in connection with the Project, shall be conducted in a manner that shall not materially
interfere with any operations or business being conducted on the Property, materially impede
pedestrian or vehicular access to/from the Property, obstruct parking spaces on the Property, or
impair the visibility or otherwise impact any freestanding signage situated on the Property.
4. Grantor reserves the right to the full use and enjoyment of the Permanent
Easement area subject to the rights herein granted to Grantee. Grantee acknowledges that
Grantor may not be in physical possession of the Property during the term of the Permanent
Easement or Temporary Easement. Future notices under the Agreement shall be directed only
to: Realty Income Corporation, Attn.: Manager, Condemnations and Easements, 11995 El
Camino Real, San Diego, CA 92130, Phone Number: (858) 284-5000.
5. To the extent permitted by law, Grantee shall and does herby indemnify, defend
and protect Grantor and any tenants of the Property and hold Grantor and any tenants of the
Property harmless from any and all loss, cost, damage, expense and/or liability incurred in
connection with or arising from exercise of Grantee's rights under this Agreement to construct or
have constructed said sidewalk, including without limitation Grantee's presence on the Property
or within the Permanent Easement area, and/or the exercise of Grantee' rights in connection with
the Project. This indemnification (a) shall survive the expiration or sooner termination of this
Agreement; (b) shall not be limited by reason of any insurance carried by Grantee, Grantor, or
any tenant of the Property; and (c) shall extend to any and all tenants or occupants of the
Property.
6. Notwithstanding anything in this Agreement to the contrary, (a) Grantor makes no
representations or warranties of any kind, either express or implied, with respect to the Property
or condition thereof; and (b) the rights granted by this Agreement are subject to all matters of
record and applicable laws, ordinances, statutes, orders, requirements and regulations to which
the Property is subject.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be
executed by their respective duly authorized officers or representatives, in multiple counterparts,
each of which shall be deemed an original but constitute one and the same instrument, as of the
day and year first above written.
GRANTOR: GRANTEE:
REALTY INCOME CORPORATION, City of Waterloo, Iowa
A Maryland corporation
By:
Michael R. Pfei k: r
Name: Executive Vice Precirlanr Name: (�}e- " "-T,1 t��+_
�
General Counsol
Title: Title:
Date: f" rY /1) 4016 Date: ‘Kc.x_,, '2- r 2 ! l�
ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On mi( /1 , 2016 before me, SU H 3 a u s CH , Notary Public,
personally appeared f t C et /� , E.i FFF.R , who proved to me on the basis of
satisfactory evidence to be the person(%) whose name(t) is/are subscribed to the within
instrument and acknowledged to me that he/slhey executed the same in his/heeir
authorized capacity(i. s), and that by his/ilegtheir signature(i) on the instrument the
person(i), or the entity upon behalf of which the person($) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
SUSAN BUSCH
Commission # 2129733
Notary Public - California
San Diego County
M Comm. Ex 'res Nov 6 2019
(Notary Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
IJT OF F (i (Y)ITS
(Title or description of attached document)
Number of Pages Document Date
(Additional information)
Exhibit A
Parcel 1:
That part of the Southeast Quarter of Section No. 2, Township No. 88 North, Range No. 13 West of the
Fifth Principal Meridian, described as follows: Commencing at the intersection of the Southeasterly right-
of-way line of East San Marnan Drive (formerly known as Iowa Highway No. 412) with the West line of the
Southeast Quarter of Section No. 2: thence North 48 degrees 36 minutes East along the Southeasterly
right-of-way line a distance of 755.86 feet to the point of beginning; thence North 48 degrees 36 minutes
East along the right-of-way line a distance of 170.18 feet; thence South 41 degrees 24 minutes East a
distance of 200.00 feet: thence South 48 degrees 36 minutes West a distance of 150.18 feet; thence
Westerly along a curve concave Northerly having a radius of 20.00 feet a distance of 31.42 feet; thence
North 41 degrees 24 minutes West a distance of 180.00 feet to the point of beginning, according to the
U.S. Government Survey thereof, Black Hawk County, Iowa.
Parcel "0" being a part of the East 1/2 of Section 2, Township 88 North, Range 13 West of the 5th P.M.,
in the City of Waterloo, Black Hawk County, Iowa, as evidenced by the Plat of Survey filed September 30,
2015, as instrument number 2016-00006143 of the Records of Black Hawk County, Iowa.
Exhibit B
W'ATNE gAASSEN €NG01TE51IKG AND SURVEYING,
PA. BOX 693 W'AFCRLOD. IMA 50304-0393
PRIMP (VOICE) 319-235-3299
(MO 319-235-0023
PLAT OF EASEMENT
PEDESTRIAN OIDEWAIK EASEMENT
PART OF THE E 0/2, SECTION 2-16814—R13'A
WATERLDD, BLACK HAWK COUNTY, IOWA
SURVEY FOR: CITY Of WATCTILOO
PROPRIETOR: RCALKY IRCOWE C(MIPORATI014
LEGAL DESCRIPTION
SIDEWALK EASEMENT
ECT 1 GE
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metThe swulFmnlary Elie (0.00) feat et Payed 'Cr. G wont IM 2318.-66193 In IFa fo{S llaaA Cuway Raanrdee 0IY
cuf.6nnq 2,]2 cca re tee
ns Eel SaYithrintal2y, S'Jd,efy one SONI,nando3 R. (5.00) leas al Parcae PnalbN In Itaaanaat ka 0003—O1a'ln In
olafaaoa 2aaoNaia Disc. canlalnfrg 1716 sgiawn tate.
LEGAL DESCRIPTION
TEMPORARY EASEMENT
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latt.
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NOTES:
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f
EREIIICATION
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Exhibit B (continued)
WAYNE, CIAA5 fl E#J VEERING ANS SURVIVING, INC.
P.0 BOX 698 WATERLOO, IOWA 86704-o§5e
cs,
60
I RICO - GU FEET
SURVEY LEGEND:
PLAT OF EASEMENT
PLUESTRAN SfUEWA&K FASEIAFNT
PART OF THE E 1/2, SECR0N 2-T884-R13Y/
WATERLOO, BLACK HAWK COUNTY, IOWA
SUR \C FOR: CITY OF WATERLO7
PRO'R1ETOR: REALTY INCO!AE CORPORATION
• DENOTES FOUND PIN & YE=LLOW
CAP p61
(wilt -5s NP1E0 O1}EFN1g)
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rum
(VO16v) 310-255-6284
TAR 310-2)S-0028
ILET 2
C
E
SFIELD 13
(ABOVE SPACE RESERVED FOR RECORDER'S USE)
Document Title:
Document Date:
Grantor Name:
Grantee Name:
Grantee's Address:
Legal Description:
Reference Book and Page:
Grant of Easements
Realty Income Corporation
City of Waterloo
715 Mulberry Street, Waterloo, IA 50703
See attached Exhibit A
Grant of Easements
THIS GRANT OF EASEMENTS ("this Agreement") is made and entered into this
""t day of it , 2016 (the "Effective Date") by and between Realty
Income Corporation, a Maryla corporation (the "Grantor") and the City of Waterloo, Iowa
(the "Grantee").
Recitals
A. Grantor owns the fee simple title to that certain tract of real property (the "Property")
located in Black Hawk County, Iowa, commonly known as 2825 Crossroads Blvd, Waterloo,
Iowa 50702, and more particularly described as follows, to -wit:
See Attached Exhibit A
B. Grantee desires the right to construct or have constructed a sidewalk on a portion of
the Property located along Penneys Street and Crossroads Blvd. Additionally, Grantee desires to
use a portion of Property during the time period Grantee constructs such sidewalk.
C. Grantee has requested Grantor grant and convey to it a permanent easement and
temporary construction easement on the Property in order to perform work for and complete the
Project (as hereafter defined);
D. Grantor has agreed to the grant and conveyance of both the permanent easement and
temporary construction easement upon the terms and conditions as set forth in this Agreement.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00), the mutual
agreements of the parties contained in this Agreement and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor and
Grantee hereby agree as follows:
1. Subject to all matters of record, Grantor hereby grants to Grantee, its affiliates,
agents, employees and/or contractors the non-exclusive permanent right and easement to
construct, install, and use a pedestrian sidewalk to run within the Property along Penneys Street
and Crossroads containing approximately 2,040 square feet ("Project"), as labeled "Pedestrian
Sidewalk Easement" and hither depicted on the Plat of Easement attached hereto as Exhibit B
("Permanent Easement"). Grantee shall not install any utility lines or other improvements in,
on, or under the Permanent Easement area other than a pedestrian sidewalk without the express
written consent of Grantor. Once constructed, Grantor and their respective transferees,
successors, heirs and assigns are responsible to repair, maintain, and replace said sidewalk in
accordance with the Ordinances of the City of Waterloo.
2. Subject to all matters of record, Grantor hereby grants to Grantee, its affiliates,
agents, employees and/or contractors a non-exclusive temporary construction easement for the
sole purpose of performing the work for the Project (the "Temporary Easement"). Grantee, at
its sole cost and expense, shall restore the Property as nearly as practicable to the condition as it
existed prior to Grantee's entry onto the Property, including performing necessary landscaping
work. Grantee's obligation to restore the Property shall survive termination of the Agreement.
The term of the Temporary Easement herein granted shall commence on the date of Grantee's
entry on the Property for purposes of the Project and shall expire on completion of the Project.
Grantee further agrees to provide Grantor an anticipated construction schedule before
commencement of the Project.
3. Any work performed by Grantee, its officials, agents, employees, or contractors in
connection with the Permanent Easement, Temporary Easement, and/or the exercise of Grantee'
rights in connection with the Project, shall be conducted in a manner that shall not materially
interfere with any operations or business being conducted on the Property, materially impede
pedestrian or vehicular access to/from the Property, obstruct parking spaces on the Property, or
impair the visibility or otherwise impact any freestanding signage situated on the Property.
4. Grantor reserves the right to the full use and enjoyment of the Permanent
Easement area subject to the rights herein granted to Grantee. Grantee acknowledges that
Grantor may not be in physical possession of the Property during the term of the Permanent
Easement or Temporary Easement. Future notices under the Agreement shall be directed only
to: Realty Income Corporation, Attn.: Manager, Condemnations and Easements, 11995 El
Camino Real, San Diego, CA 92130, Phone Number: (858) 284-5000.
5. To the extent permitted by law, Grantee shall and does herby indemnify, defend
and protect Grantor and any tenants of the Property and hold Grantor and any tenants of the
Property harmless from any and all loss, cost, damage, expense and/or liability incurred in
connection with or arising from exercise of Grantee's rights under this Agreement to construct or
have constructed said sidewalk, including without limitation Grantee's presence on the Property
or within the Permanent Easement area, and/or the exercise of Grantee' rights in connection with
the Project. This indemnification (a) shall survive the expiration or sooner termination of this
Agreement; (b) shall not be limited by reason of any insurance carried by Grantee, Grantor, or
any tenant of the Property; and (c) shall extend to any and all tenants or occupants of the
Property.
6. Notwithstanding anything in this Agreement to the contrary, (a) Grantor makes no
representations or warranties of any kind, either express or implied, with respect to the Property
or condition thereof; and (b) the rights granted by this Agreement are subject to all matters of
record and applicable laws, ordinances, statutes, orders, requirements and regulations to which
the Property is subject.
IN WITNESS WHEREOF, Grantor and Grantee have caused this Agreement to be
executed by their respective duly authorized officers or representatives, in multiple counterparts,
each of which shall be deemed an original but constitute one and the sante instrument, as of the
day and year first above written.
GRANTOR:
REALTY INCOME CORPORATION,
A Maryland, corporation
By:
GRANTEE:
City of Waterloo, Iowa
Michael R. Pfei r
Name: executive Vice Prechlan/
Title:
General Counsel
Date: I M v 1 /, 02016
Name: W--;-. r„ A4-11
Title:
Vkak
Date: MG&,\ '1' 7 ra I
ACKNOWLEDGMENT
A Notary Public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
On (Y) &Y / 1 , 2016 before me, Su,50-1Q I )US CH , Notary Public,
personally appeared 01,0_,H -ft Cl i(, PrEt FFR , who proved to me on the basis of
satisfactory evidence to be the person(?) whose name(S) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
authorized capacity(ies), and that by his/hes/their signature(i) on the instrument the
personO, or the entity upon behalf of which the person($) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
SUSAN BUSCH
Commission 0 2129733
9! Notary Public - California
I.
San Diego County
M Comm. Ex fires Nov 6 2019
(Notary Seal)
DESCRIPTION OF THE ATTACHED DOCUMENT
CyRA-tJT OF FF{SErn EM -1----S
(Title or description of attached document)
Number of Pages Document Date
(Additional information)
Exhibit A
Parcel 1:
That part of the Southeast Qualter of Section No. 2, Township No. 88 North, Range No. 13 West of the
Fifth Principal Meridian, described as follows: Commencing at the intersection of the Southeasterly right-
of-way line of East San Marnan Drive (formerly known as Iowa Highway No. 412) with the West line of the
Southeast Quarter of Section No. 2; thence North 48 degrees 36 minutes East along the Southeasterly
right-of-way line a distance of 755.86 feet to the point of beginning: thence North 48 degrees 36 minutes
East along the right-of-way line a distance of 170.18 feet; thence South 41 degrees 24 minutes East a
distance of 200.00 feet: thence South 48 degrees 36 minutes West a distance of 150.18 feet; thence
Westerly along a curve concave Northerly having a radius of 20.00 feet a distance of 31.42 feet; thence
North 41 degrees 24 minutes West a distance of 180.00 feet to the point of beginning, according to the
U.S. Government Survey thereof, Black Hawk County, Iowa.
Parcel "0" being a part of the East 1/2 of Section 2, Township 88 North, Range 13 West of the 5th P.M.,
in the City of Waterloo, Black Hawk County, Iowa, as evidenced by the Plat of Survey filed September 30,
2015, as instrument number 2016-00006143 of the Records of Black Hawk County, Iowa,
Exhibit B
WFttaE C1 a4SSEN ENGINEERING AVD 6:AR4E1111G, ING
PO. BOX FMB W'AHRI.bb, IOWA 5(MbOACIEss9
PHt»le (APIC €} 31
CF 31
PLAT OF EASEMENT
PEOES1RIAl1'-NEWAl3: EASEMENT
PART OF THE E 3/2, SECTION 2-'N2N-R13W
WATERIOG, SLACK HAWK COUNTY, iOWA
S KVEY FOR; CITY 6F WAIERL0L
PROPRIETOR: REACH INCOME tckPCRA1LW
LEGAL DESCRIPTION
SIDEWALK EASEMENT
2 5-52/4
239-Du2
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(02), 2orranp br ,,k-ai trt Nath MO. Rome NMah Pot (RISS) a the PAM fdn:lAl yEddla In No CO of
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'113
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Tice canfairflq 1708 square teal.
LEGAL DESCRIPTION
TEMPORARY EASEMENT
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Exhibit B (continued)
WAIF, CLAAR`EN ENMNEERING Af.7 SURVEYING, WC.
PA BOX B88 W.ATRILe, IOWA 50774 -MOO
€H I! (V41M) 319-235-5285
(FAIO 310-235-W[4
PIAT OF EASEMENT
Y'B[GTKION Sy*W$R EASEMENT
PARI OF 1HE E 1/2, SWOON 2-T8RN-R13W
WATERLOO, OLACK RAMC COUHFY, IOWA
SURVEY FCO: CITY OF N'ATEIE.00
PRO?A16TOR: REALTY INCOME CORPO.34T1ON
SURVEY LEGEND:,
• DEMOTES FOUND PIM k taLOW
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(UNLImt Holm NTNE,NIm)
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