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HomeMy WebLinkAboutMervyn E. Hilpipre and LaRue A. Hilpipre-2/6/2017Prepared by Christopher S, Wendland, P.O. Box 596, Waterloo, IA 50704. Phone (319) 234-5701 After recording, retum to Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. EASEMENT AGREEMENT (Sanitary Sewer) This Easement Agreement (the "Agreement") is entered into as of , viA pli<, 2017 by and between Mervyn E. Hilpipre and La Rue A. Hilpipre, husband andife (collectively, "Grantor"), and the City of Waterloo, Iowa ("Grantee"). 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, 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. 2. Purpose. The Premises is intended for use by Grantee, its employees, contractors and agents, to construct, install, inspect, maintain, repair, replace, operate and remove a certain underground sanitary sewer line and facilities (collectively, the "Public Improvements") in and upon the Premises. The parties acknowledge that, as of the date of this Agreement, the Public Improvements have already been constructed and that there is no damage requiring repair to the Premises or abutting lands owned by Grantor. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Premises to Grantee, "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. Following transfer of possession of the Premises, Grantor shall have no further duty or obligation with respect to the Premises, except that Grantor may conduct activities on the Premises consistent with crop production, exercising due care not to damage the Public Improvements. Grantor may not conduct any activities upon the Premises that would be inconsistent with Grantee's rights under this Agreement, without the prior written consent of Grantee. 4. Grantee Duties. Grantee agrees that the following terms and conditions will govern its use of the Easement: (a) Upon completion of any future construction, repair, maintenance or other work that Grantee undertakes on the Premises, Grantee shall be required to replace or restore any and all damage to the Premises resulting from said work, and Grantee further agrees to pay reasonable compensation to Grantor for any crops damaged in the course of said work. (hl Grantee agrees that the Public Improvements will not include any ahnve- ground features except for manholes, pedestals, or other improvements directly related to and necessary for operation of the Public Improvements. (c) Grantee will be liable to Grantor for any damage to real or personal property, and for injury to or death of any persons, proximately caused by the acts or omissions of Grantee, its employees, contractors, or agents, arising out of any work done on or to the Premises in the course of exercising any of Grantee's rights under this Agreement. (d) Grantee shall use reasonable efforts to avoid disruption to Grantor's business operations while Grantee, its employees, contractors, or agents, are exercising any of Grantee's rights hereunder. Grantee shall provide timely notice to Grantor of any scheduled work upon the Premises, unless a situation exists involving an imminent threat of injury to persons or property in the absence of action by Grantee, in which case Grantee will act in a reasonable manner to minimize disturbance to the Premises and will give notice to Grantor of any action taken. 5. Miscellaneous Provisions. This Agreement shall run with the land and is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. References in the singular number include the plural, and vice versa. 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. IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. [signatures on next page] 2 lyn E. a Rue A. Hi STATE OF IOWA 72dXJ ) ss. BLACK HAWK COUNTY ) CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Acknowledged before me on / 7 , 2 Rue A. Hilpipre, husband and wife. AVMANDERA ISSION NO.772518 MMISSION EXPIRES 'or*APRIL 11, 2018 STATE OF IOWA ) ss • elley Felch '. City Clerk Notary Pub is E. Hilpipre and La BLACK HAWK COUNTY ) Acknowledged before me ons \ , 2017, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY HIGBY COMMISSION NO.788229 MY CO. �IIMI5SION pIn -11Q-4%-e_fre-z_4 Notary Public D 3 EXHIBIT "A" Permanent Easement Legal Description See attached.