HomeMy WebLinkAboutBroadway Limited LC, Permanent Easement Agmnt - 6.20.2023 Prepared by: Noel Anderson, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703—
(319) 291-4366
PERMANENT EASEMENT AGREEMENT
This easement agreement is entered into as of ' -U 2O , 2023 between
Broadway Limited LC (Grantor) and the City of Waterloo, Iowa (Grantee),
Grantee").
1. Grant of 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,
beneath and across the real estate legally described as set forth on Exhibit "A" attached hereto
(the "Premises") for the amount of$826.78.
2. Purpose. The Premises is intended for use by the Grantee, its officers,
employees, contractors, and agents, to construct, inspect, maintain, repair, operate and remove
certain sanitary sewer and utility improvements (the "Improvements"), together with a right of
reasonable ingress and egress thereon. It is the intention of the parties that Grantee shall assume
no responsibility for the construction, maintenance and operation of the Improvements made to
the Premises, and the Grantor shall have no liability relating to the Easement of the Improvements
except as may arise from the Grantor's 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 of warranty as to the condition
of same. Grantor shall have no duty to prepare 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.
4. 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, assigns and
transferees. 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.
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Broadway Limited LC CITY OF WATERLOO, IOWA
By: �J,- C,--l/li By:
Quentin M. Hart, Mayor
Its:
Attest:
Kelley F hle, City Clerk
STATE OF IOWA
ss.
BLACK HAWK COUNTY )
Acknowledged before me on 5J26/2C23 , by Ginr'iS pker (lbw as
for Broadway Limited LC.
o CHRISTOPHER HOWLETT 94
z _ COMMISSION NO.836664 Notary Pu is
* c- * MY COMMISSION EXPIRES
IOWA f/ T'•rift S
STATE OF IOWA
ss.
BLACK HAWK COUNTY ) �r�,,n�
Acknowledged before me on iidLII ,�� %/1� S , by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectely, of tie'City of Waterloo, Iowa.
4Pg1,t 1 BRITNI C PERKINS
z°, , COMMISSION NO.845529
*,. ; MY COMMISSION EXPIRES ��
IOWA JANUARY 27,2026 NO :
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