HomeMy WebLinkAboutPada, LLC-4/18/2016Prepared 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 4-9 ,
2016, by and between Pada, LLC ("Grantor"), and the City of Waterloo, Iowa ("Grantee").
1. Grant of Temporary Easement. In consideration of the mutual promises and
covenants contained herein, and for other good and valuable consideration in the amount of
5100.00 the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby
grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for
purposes relating to construction of the Improvements (the "Temporary Easement") in, to,
upon, over, across, and beneath the real estate (the "Temporary Premises") legally described
as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The
Temporary Easement shall expire upon conclusion of all construction, cleanup and
demobilization activities upon the Premises. The Premises and the Temporary Premises are
collectively referred to as the "Easement Premises."
2. Purpose. The Premises is intended for use by Grantee, its employees, contractors
and agents, to construct certain drainage and utility improvements (the "Improvements"). It is
the intention of the parties that Grantee shall assume all responsibility for the construction of the
Improvements adjacent to the Premises, and that Grantor shall have no liability relating to the
Easement or the improvements except as may arise from the Grantors own negligent acts or
omissions or willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Easement Premises to Grantee, "as is, where is", without any representation or warranty as to the
condition of same. Grantor shall have no duty to prepare the Easement Premises in any way for
Grantee's use. Following transfer of possession of the Easement Premises, Grantor shall have no
further duty or obligation with respect to the Easement Premises, except as set forth herein.
Grantor may mow grasses and vegetation growing in the Premises, but may not conduct other
activities upon the Premises without the prior written consent of Grantee.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
Pni94 1, A C- By: f
Pada, LLC
By: /`��
Its: zyii,011,&e„z_.,
Attest:
Quentin Hart, Mayor
Suzy Sch�ires, City Clerk
STATE OFG-te:7C�; )
) ss.
, ti:461 s�: COUNTY)
Acknowledged before me on /1/--- , 2016, by �; i %/ ; T r.S // Ca ias an
authorized representative for Pada, LLC.
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MICHELLE DENNER
COMMISSION NO. 706731
MYCOMMI$SICII XPIRES
�.% J/e%e'_.e/e•? j)v /�'✓�. �
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on (Lk \ , 2016, by Quentin Hart and Suzy
Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
#I COMMISSION NO.788229
l MY COMMISSION EXPIRES
2
TEMPORARY EASEMENT
DRY RUN CREEK INTERCEPTOR
CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA
OWNER: PADA LLC
ADDRESS: 3006 210TH STREET
C/O PHILLIP DESTIVAL
SUMNER, IOWA 50674-0000
COUNTY PARCEL NO. 8813-11-226-002
PROJECT PARCEL NO. 133
PART OF SE 1/4
SEC. 2-88-13W
EXISTING 34'
DRAINAGE EASEMENT
Exhibit "A"
FD I.P. W/ORANGE
PLASTIC CAP
N0, 12532
2-88-13W
2" REBAR
P #16775
SE COR
N89°27'49"E SEC
1316.83' FD 1/
W/REDPLASTIC
---------------- CA
-N89°27'49"E
1316.83'
SW COR SEI/4
SEC 2-88-13W FD
1/2" REBAR W/RED
PLASTIC CAP #16775
- VACATED MURPHY ROAD (66') - - - - - - 73.50'
127.40'
SW COR SEI/4 SEI/4
SEC 2-88-13W FD
I/2" REBAR W/RED
PLASTIC CAP #16775
NI/2 NEI/4
SEC. I I -88-13W
DESCRIPTION: TEMPORARY EASEMENT
40.50'
M
360.40' --
THE WEST 127.40 FEET OF THE EAST 360.40 FEET OF THE NORTH 73.50 FEET OF NORTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 11, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL
MERIDIAN, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA. EXCEPTING THEREFROM
VACATED MURPHY ROAD.
CONTAINING 5,160 SQUARE FEET OR 0.12 ACRE.
ASCOM
0
125
250
375
N
W
2
500
SCALE IN FEET
SHEET 1 OF 1