HomeMy WebLinkAboutXL Colt Farms, LLC -(RECORDED) Easement Agreement - 5.4.2026 2-
2026-12302
RECORDED:08/14/2026 03:08:34 PM
RECORDING FEE:$17.00
REVENUE TAX:$
COMBINED FEE:$17.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
tri - coo
Prepared by Austin J.McMahon,222 1st St.E., Independence,IA 319-334-4488
EASEMENT AGREEMENT .
This Easement Agreement(the"Agreement")is entered into as of - ,202 ,by and
between XL Colt Farms,LLC("Grantor")and the City of Waterloo,Iowa("Grante "
1. Grant of Permanent 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, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby
accept,an easement for storm sewer in,to,upon, over,across,and beneath certain real estate,hereinafter
referred to as the"Easement"or the"Easement Area",as depicted in the attached Plat of Easement dated
September 22,2025, and legally described as:
That part of Lot 1,Audubon Hills First Addition,City of Waterloo,Black
Hawk County, Iowa, described as follows:
Beginning at the west end of the south line of Lot 1; thence North
00°35'43" East 94.59 feet to a point on the north line of Lot 1 that is
154.50 feet from the northeast corner of Lot 1; thence South 89°43'33"
West along said north line 20.00 feet;thence South 00°35'43"West 62.04
feet to the southwesterly line of said Lot 1, said line being a curve
concave southwesterly having a radius of 69.04 feet; thence
southeasterly along said curve a distance of 38.44 feet, with said curve
having a long chord bearing South 31 '12'47" East a distance of 37.94
feet,to the point of beginning containing 1499 square feet.
2. Purpose. The purpose of the Easement is for storm water and related surface drainage of
storm water. Grantee, its officers, employees, contractors, and agents, shall have reasonable rights of
ingress and egress over, across, and upon the Easement Area for purposes of inspecting,maintaining, and
upgrading the Easement Area and inspecting, constructing, installing, operating, maintaining, repairing,
and upgrading the ground surface and such pipes, conduits, infrastructure, and other facilities as Grantee
deems necessary to accomplish the Easement Purposes. Grantee shall have the right,but not the obligation,
to trim and/or remove grasses, bushes, trees, and other vegetation from the Easement Area as reasonably
necessary in support of the Easement Purposes and related activities. If Grantee's Easement activities
disturb the soil,upon completion Grantee shall level the soil and otherwise make reasonable effort to restore
the premises to substantially the condition it was in before work commenced.
3. Miscellaneous. This Agreement shall run with the land and is binding upon and
shall inure to the benefit of the parties and their respective successors, assigns and transferees. Words and
phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender
according to the definitions and the context. 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 signed counterparts transmitted by facsimile or other electronic means,shall be deemed an original,
and all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly
authorized representatives as of the date first set forth above.
LT FARMS, LLC CITY OF WATERLOO,IOWA
Xar /
. /%14.------
ill./
By:
avid Leilerm ,.(,o4� David Boesen, Mayor
Title: Manager
Attest:
elley F e, City Clerk
STATE OF—.-7-7,014)c, )
Idc1���✓�'COUNTY j ss. _°PP sy COMMISSION NO.NO.822369
*_ * MY CLMMISMOR EXPIRES
�A IOWA �l ;Z8
Acknowledged before me on /`ar'c4j 77/, 2026, by David Lederman, as Manager of XL
Colt Farms, LLC.
Notary Public M
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2026, by David Boesen and Kelley Felchle as
Mayor and City Clerk,respectively, of the Cit f Waterloo, Iowa.
1
I
�.t`"`�. NANCY ANNE HIGBY Notary Pu lic ili ,
c COMMISSION N0.853884
*. ...2r, * MY COMMiS ON EXPIRES
`IT-Mao ao a'1 rows
2
1 Index Legend
Location Lot I
Description: Audubon Hills First Addition
Waterloo, Iowa
Requestor: City of Waterloo Engineering Dept.
Proprietor: XL Colt Farms, LLC
Surveyor: William W. Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street, Waterloo, IA 50703
Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312
Plat of Easement
Lot 1, Audubon Hills First Addition, City of Waterloo, Black Hawk County, Iowa
l EASEMENT DESCRIPTION:
A 20' easement for storm sewer over, under, across, and upon that part of Lot 1 , Audubon Hills First Addition, City of
Waterloo, Black Hawk County, Iowa, described as follows:
Beginning at the west end of the south line of Lot 1 ; thence North 00°35'43" East 94.59 feet to a point on the north line
of Lot 1 that is 154.50 feet from the northeast corner of Lot 1 ; thence South 89°43'33" West along said north line 20.00
feet; thence South 00°35'43" West 62.04 feet to the southwesterly line of said Lot 1 , said line being a curve concave
southwesterly having a radius of 69.04 feet; thence southeasterly along said curve a distance of 38.44 feet, with said
curve having a long chord bearing South 31 °12'47" East a distance of 37.94 feet, to the point of beginning containing
1499 square feet.
I Outlot A,
Audubon Hills First Addition
Audubon Hills First Addition
Homeowners Association
(20.00' S 89°43'33" W)
Lot 10, 214.39 S(213.40' S 89°43'33" W)
Audubon Hills -- .� -____ .4,
' 2 -� ..----
Second
Additionin N (38.90') ^ — - (154.50') — ___--
Lc) i
00
0 W
0) CS "
rn o Lo
N cnCO ^
c64 d' Lot i, E-) CI
o cn Audubon Hills First Addition o
o XL Colt Farms, LLC o 0
iz
Curve Data: -Radius: 69.04' (69.04') z
Arc: 82.05' (81.17') u? c' o'
Chord: c)
77.31' S 49°47'33" E
(76.58' S 48°56'44" E)
155.48' N 89°43'53" E
(155.44' N 89°28'32" E)
Curve Data: Fd. #5 rebar
Radius: (69.04') \..._ Point of
w/yellow cap
Arc: (38.44') ' Beginning #23503
(Typical)
Chord: Q Lot 2,
(37.94' S 31 °12'47" E) 0) o Audubon Hills
•z y First Addition
J
C
b W
z Survey Notes:
CO 1. The Bearings shown cn this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North Zone. NAD 83 —
I hereby certify that this surveying document was prepared (2011).
,. ..NN"NN‘ 2. All dimensions are in US Survey feet and decimals thereof.
ssIO 4 ,‘%1 and the related survey work was performed by me or under 4
F� .••.. . �!I. my direct personal supervision and that I am a duly licensed 3. Easement area = 1,499 square feet
4O••. y
. • • O t� Land SurveIV ?lfrT '
under the la of the State of Iowa.
• WILLIAM • N i W, • p Plat Legend:
z • CASTLE • % `A Z ZO Z'- Found Monument
,it v,'• 19715 :0j:- William W. Castle, PLS Da a Set 5/8" x 24" Rebar wiBlue
it, ea, °• -t, License Number 19715 O Cap "Iowa - 19715" 0 20 40
++ * •••.°' * My License Renewal Date is December 31, 2025. 123.45' Record Measurement
+� \\\NA\N.... 4-
W A 'w�'� 123.45' feet
Pages or sheets covered by this seal : �-C.-L- ( ) Field Measurement Scale: 1 inch = 40
City of Waterloo Engineering Department Drawn By: WWC Scale: Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: 9-17-2025 1 of I
Phone: (319) 291 -4312 Fax: (319) 291 -4262 Date Drawn: 9-19-2025 — _
1
Docusign Envelope ID:5967226C-E115-8BFB-81D2-95B50BB1E978
2026-12301
RECORDED:08/14/2026 03:08:33 PM
RECORDING FEE:$7.00
REVENUE TAX:$
COMBINED FEE:$7.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2026-247
RESOLUTION APPROVING A PERMANENT EASEMENT
AGREEMENT WITH XL COLT FARMS, LLC, LOCATED AT
1680 BLUE WING DRIVE, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
DOCUMENT.
WHEREAS, the City of Waterloo has determined it is necessary and in the best interests
of the City to obtain a permanent easement affecting property located at 1680 Blue Wing Drive,
Waterloo, Iowa, and
WHEREAS, XL Colt Farms, LLC, has agreed to grant said permanent easement to the
City of Waterloo, and
WHEREAS, the City Council finds it appropriate to approve the Permanent Easement
Agreement and authorize execution of said document.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo,
Iowa, that:
1. The Permanent Easement Agreement with XL Colt Farms, LLC, for property located
at 1680 Blue Wing Drive, Waterloo, Iowa, is hereby approved.
2. The Mayor and City Clerk are authorized and directed to execute said documents on
behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 4th day of May 2026.
r—Signed by:
Vaw1, f of swt,
• 393E03970303421...
David Boesen, Mayor
ATTEST:
,—Signed by:
f
Ketteyelclite, City Clerk
SEAL
Oc W A t
4
• flhi111111 uH�iilui u •
y v
Prepared by Austin J.McMahon,222 1st St.E.,Independence,IA 319-334-4488
EASEMENT AGREEMENT
This Easement Agreement(the"Agreement")is entered into as of ,2021Y,by and
between XL Colt Farms,LLC("Grantor")and the City of Waterloo,Iowa("Grante " .
1. Grant of Permanent 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, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby
accept,an easement for storm sewer in,to,upon,over,across,and beneath certain real estate,hereinafter
referred to as the"Easement"or the"Easement Area",as depicted in the attached Plat of Easement dated
September 22, 2025, and legally described as:
That part of Lot 1,Audubon Hills First Addition,City of Waterloo,Black
Hawk County, Iowa, described as follows:
Beginning at the west end of the south line of Lot 1; thence North
00°35'43" East 94.59 feet to a point on the north line of Lot 1 that is
154.50 feet from the northeast corner of Lot 1; thence South 89°43'33"
West along said north line 20.00 feet;thence South 00°35'43"West 62.04
feet to the southwesterly line of said Lot 1, said line being a curve
concave southwesterly having a radius of 69.04 feet; thence
southeasterly along said curve a distance of 38.44 feet, with said curve
having a long chord bearing South 31 °12'47" East a distance of 37.94
feet,to the point of beginning containing 1499 square feet.
2. Purpose. The purpose of the Easement is for storm water and related surface drainage of
storm water. Grantee, its officers, employees, contractors, and agents, shall have reasonable rights of
ingress and egress over, across, and upon the Easement Area for purposes of inspecting,maintaining, and
upgrading the Easement Area and inspecting, constructing, installing, operating, maintaining, repairing,
and upgrading the ground surface and such pipes, conduits, infrastructure, and other facilities as Grantee
deems necessary to accomplish the Easement Purposes. Grantee shall have the right,but not the obligation,
to trim and/or remove grasses, bushes, trees, and other vegetation from the Easement Area as reasonably
necessary in support of the Easement Purposes and related activities. If Grantee's Easement activities
disturb the soil,upon completion Grantee shall level the soil and otherwise make reasonable effort to restore
the premises to substantially the condition it was in before work commenced.
3. Miscellaneous. This Agreement shall run with the land and is binding upon and
shall inure to the benefit of the parties and their respective successors, assigns and transferees. Words and
phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender
according to the definitions and the context. 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 signed counterparts transmitted by facsimile or other electronic means,shall be deemed an original,
and all of which together shall constitute one and the same agreement.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly
authorized representatives as of the date first set forth above.
X LT FARMS,LLC CITY OF WATERLOO, IOWA
.,f�i By: /40/4------
. David Lederm David Boesen, Mayor
Title: Manager
Attest:
elley F e, City Clerk
STATE OF_�LJet )
)ss. AtsmAL0 IRA FRATRIK
1j 1 dtk/1 4, Z COUNTY ) 2_ * COM MY MISSION
IRES
236
Acknowledged before me on Q1'c J IOWA fir-��
g � // �, 2026, by David Lederman, as Manager of XL
Colt Farms, LLC.
"Notary Public >
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on , 2026, by David Boesen and Kelley Felchle as
Mayor and City Clerk,respectively, of the Cit f Waterloo, Iowa.
....gti
,��, NgNCYANNE HIGBY Notary Pu lic
$ s COMMISSION NO.s53884
* * MY COMMIS`SIION act Notary
bw►,
2
Index Legend
Location Lot 1
Description: Audubon Hills First Addition
Waterloo,Iowa
Requestor: City of Waterloo Engineering Dept.
Proprietor: XL Colt Farms,LLC
Surveyor: William W.Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street,Waterloo,IA 50703
Return To: 715 Mulberry St,Waterloo,IA 50703 291-4312
Plat of Easement
Lot 1,Audubon Hills First Addition, City of Waterloo, Black Hawk County,Iowa
EASEMENT DESCRIPTION:
A 20'easement for storm sewer over,under,across,and upon that part of Lot 1,Audubon Hills First Addition,City of
Waterloo,Black Hawk County, Iowa,described as follows:
Beginning at the west end of the south line of Lot 1;thence North 00°35'43"East 94.59 feet to a point on the north line
of Lot 1 that is 154.50 feet from the northeast corner of Lot 1;thence South 89°43'33"West along said north line 20.00
feet;thence South 00°35'43"West 62.04 feet to the southwesterly line of said Lot 1,said line being a curve concave
southwesterly having a radius of 69.04 feet;thence southeasterly along said curve a distance of 38.44 feet,with said
curve having a long chord bearing South 31°12'47"East a distance of 37.94 feet,to the point of beginning containing
1499 square feet.
Outlot A,
Audubon Hills First Addition
Audubon Hills First Addition
Homeowners Association
(20.00'S 89°43'33"W)
Lot 10, 214.39 S 89°43'53•W _
(213.40'S 89°43'33"W)
Audubon Hills f AO
Second Addition n (38 so')�_ —(154.50') — —
m m
00 ^Lo W
m c o '7 V
;') Lot 1, 1-
o Audubon Hills First Addition o
o XL Colt Farms,LLC b o
Curve Data: bz z
Radius:69.04'(69.04') z o c>
Z14
Arc:82.05'(81.1T) Lo
Chord: m
77.31'S 49°4T33"E
(76.58'S 48°56.44"E)
155.48'N 89°43'53"E
(155.44'N 89°28'32"E) •
.-• 76
Curve Data: Fd.#5 rebar
Radius:(69.04') \ N Point of w/yellow cap
Beginning #23503
Arc:(38.44') i (Typical)
Chord: C 3 Lot 2,
(37.94'S 31°12'47"E) CD)c Audubon Hills
First Addition
0
Z Survey Notes:
CO 1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System,North Zone.NAD 83 —
I hereby certify that this surveying document was prepared (2011).
e,StNq�''ttt and the related survey work was performed by me or under 2. All dimensions are in US Survey feet and decimals thereof.
CFI•e e•••.<y ttr my direct personal supervision and that I am a duly licensed 3. Easement area=1,499 square feet
• e yp It Land Survey under the la ofState of Iowa.
�Oa: WILLIAM N�,, t/"/nr/// 9
ii i W. .a / 7/ Plat Legend:
Z • CASTLE rry "t '� Z.'7 ZO Z 5-. • Found Monument
,r J•• 19715 �Q I. William W.Castle,PLS Dale Set 5/8"x 24'Reber wiBlue
rtr> •• ••c•• . _ � License Number 19715 0 Cap'lowa-19715- 0 "°
r,,* *... A°•*_ My License Renewal Date is December 31,2025. ;zs.<s' Record Measurement
�''' .`....._._-- Pages or sheets covered by this seal: 4-!_1-- (123u5.) Field Measurement Scale:1 inch=40 feet
City of Waterloo Engineering Department Drawn By:WWC Scale: Sheet No.
715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date:9-17-2025 1 of 1
Phone: (319)291-4312 Fax: (319)291-4262 Date Drawn:9-19-2025 — —