HomeMy WebLinkAboutPat's Auto Salvage - Easement Agreement-10/3/2011Preparer
Information: Dave Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703, (319) 291.4327
Individuals Name Street Address City Phone
SPACE ABOVE THIS LINE
FOR RECORDER
EASEMENT AGREEMENT
This agreement is entered into this �4 day of UC'pe{,; 2011, by and
between Pat's Auto Salvage (hereinafter "Company") and the City of Waterloo, Iowa
(hereinafter "City").
WHEREAS, City will retain an easement over vacated Lowell Avenue from Regal
to Mitchell, upon its vacate in Waterloo, Black Hawk County, Iowa; and
WHEREAS, Company is requesting to acquire said vacated right-of-way for use
for business (hereinafter "Project"); and
WHEREAS, said Project will involve the fencing of said vacated right-of-way; and
WHEREAS, in order to effectuate Project, City will need an agreement access if
City needs access to easement area for water and sewer maintenance and repair
purposes within said fenced area.
THEREFORE, the parties agree as follows:
1. Company agrees to allow access for necessary, customary, routine, and
reasonable water and sewer main inspection, maintenance and repairs, as delineated
by the easement access agreement.
2. Company agrees to keep area above water and sewer mains reasonably
clear of permanent storage to allow such access for inspection, repair, and
maintenance. Any vehicle, structure, material, or equipment stored above said mains
shall be promptly moved by the company when requested by the Waterloo Water Works
or City of Waterloo for such inspection, repair, or maintenance needs.
3. Miscellaneous.
a. Amendment and Waiver. Neither this Agreement nor any provision or
provisions herein may be amended or waived except by a written
amendment or new agreement executed by the parties.
b. Governing Law. The validity, interpretation, performance and enforce-
ment of this Agreement shall be governed by the laws of Iowa. Each of
the parties consents to the jurisdiction of the federal and state courts in
Iowa in all matters relating to this Agreement. The prevailing party in
any action to enforce this Agreement shall be entitled to reasonable
attorney fees and costs as determined appropriate by the court.
c. Notices. All notices or other communications hereunder shall be given
in writing and shall be deemed to be, if duly given if delivered or
mailed, first class postage prepaid, to the following addresses:
If to Company: Pat Rooff, 1005 Sheffield Avenue, Waterloo, Iowa
50702
If to City: City Hall, 715 Mulberry Street, Waterloo, Iowa 50703
Attention: Community Planning & Development
Director
d. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original, but all such
counterparts together shall constitute but one and the same
Agreement.
e. Exhibits. The exhibits to this Agreement are incorporated herein and,
by this reference, made a part hereof as if fully set forth at length
herein.
By:
CI `% WATERLOO, WA
t
y: Emest G. Clark, Mayor
-
Attest: Suz? c ares, City Clerk
STATE OF IOWA, COUNTY OF BLACK HAWK, ss:
On this day of r , 2011, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared Pat ff, to me personally known, who
being by me duly sworn did say that they are the �Y
respectively, of Pat's Auto Salvage (Company); that said instrument was signed on
behalf of said corporation by authority of its Board of Directors; and that the said Pat
Rooff as such officer acknowledged the execution of said instrument to be the voluntary
act and deed of said corporation, by it andby then voluntarpy executed.
CITY'S ACKNOWLEDGMENT:
otary Public in and for the � - of Iowa
STATE OF IOWA, ��;� K— COUNTY, SS:
On this ," day of , AD 20 €.I , before me, the undersigned, a
Notary Public in and for said County, in said State, personally appeared Emest G. Clark
and Suzy Schares, to me personally known, who, before by me duly sworn, did say that
they are the MAYOR and CITY CLERK, respectively, of said City executing the within and
foregoing instrument to which this is attached, that the seal affixed thereto is the seal of
said City; that said instrument was signed and sealed on behalf of said City by authority of
it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution
of said instrument to be the voluntary act and deed of said City, by it and by them
voluntarily executed.
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Notary Public in and for said otsn
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