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HomeMy WebLinkAboutHy-Vee (RECORDED) Permanent Easement Agmnt - 5.20.2024 2 2025-01746 RECORDED:02/06/2025 02:13:33 PM RECORDING FEE:$32.00 REVENUE TAX:$ COMBINED FEE:$32.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of 1.1.AAA. Za , 2024 by and between the City of Waterloo, Iowa("Grantee")and Hy-Vee, Inc. ("Grantor"). 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, for the purposes stated herein, 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, as depicted on the easement plat attached hereto as Exhibit"B". 2. Purpose. The Premises is intended for use of a public sidewalk and traffic signal base and mast arm. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "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. 4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent not prohibited by applicable law, Grantee agrees to indemnify and hold Grantor and its tenants, and their respective employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance, repair and/or replacement and for snow removal upon the sidewalk in question. Grantee shall be solely responsible for installation, maintenance, repair, removal and operation of the traffic signal base and mast arm and any utilities that are essential to its operation. 6. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 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. This Agreement may be executed in counterparts. References in the singular number include the plural, and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. GRANTEE: CITY OF WATERLOO, IOWA By: . j...,-(X-.6.011.d._, Quentin Hart, Mayor Attest: c e4 Kelley F chle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on a5 , 2024 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectiv , of the City of Waterloo, Iowa. 4.5'"S„ BRITNI C PERKINS z° _ ' COMMISSION NO.845529 * """" * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 Not ublic 2 GRANTOR: Hy-Vee, Inc. B . arkey, a ice • nt By: lA.`- athan Allen, Assistant Secretary STATE OF IOWA, COUNTY OF POLK, ss On this��{- day of CL , 202`f , before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Jeffrey Markey and Nathan Allen, to me personally known, who being by me duly sworn did say that they are the Executive Vice President and Assistant Secretary, respectively, of Hy-Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of its Board of Directors; and that the said Jeffrey Markey and Nathan Allen as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. Nota Public in and fo e 93AL s JULIE L. JENSEN State of Iowa COMMISSION NO. 123588 • MY COM ISS ON EXPIRES IOlM - 3 EXHIBIT"A" Legal Description Sidewalk Easement The North 10 feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North, Range 13, West,Waterloo, Black Hawk County, Iowa Traffic Signal Infrastructure Easement The North 30 feet of the East 12 Feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North, Range 13, West,Waterloo, Black Hawk County, Iowa EXHIBIT"B" Plat for Easement See attached. EASEMENT EXHIBITS Exhibit "B" j SIDEWALK EASEMENT it % THE NORTH 10 FEET OF PARCEL E IN THE SE 1/4 SEC. � � 11-89-13 IN BLACK HAWK COUNTY, IOWA IibI ' TRAFFIC SIGNAL INFRASTRUCTURE EASEMENT o' 10' 20' THE NORTH 30 FEET OF THE EAST 12 FEET OF PARCEL E IN THE SE 1/4 SEC. 11-89-13 IN BLACK HAWK COUNTY, IOWA i 1 IM; 0 I 1 I I HEATH STREET 1 1 PROPOSED I IMPROVEMENTS RIGHT-OF-WAY LINE / NORTH UNE PARCEL E . Iw 1 Io PUBLIC SIDEWALK I ■ EASEMENT I—12'— PROPOSED TRAFFIC SIGNAL TRAFFIC SIGNAL BASE AND MAST ARM N INFRASTRUCTURE EASEMENT en >- G,ce,o 11*,1 p�G�G\'\." \ pR G Q S�0 , L1J Sc1I° P�6 1Q N°, � SF,1IN�\° '14 z 0. gyp' ��`'Sol- Q QOPR00'R > PJp\05,o ,p PG�\0- W Q Z z 3 Q V —J VIM l Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of A 'Zp , 2024 by and between the City of Waterloo, Iowa("Grantee")and Hy-Vee,Inc. ("Grantor"). 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, for the purposes stated herein, 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, as depicted on the easement plat attached hereto as Exhibit"B". 2. Purpose. The Premises is intended for use of a public sidewalk and traffic signal base and mast arm. 3. Grantor Duties. Grantor shall allow Grantee access to the Premises, "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. 4. Grantee Duties. Following completion of Grantee's work in the Premises,Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent not prohibited by applicable law, Grantee agrees to indemnify and hold Grantor and its tenants,and their respective employees, agents and contractors,harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for future sidewalk maintenance,repair and/or replacement and for snow removal upon the sidewalk in question. Grantee shall be solely responsible for installation, maintenance, repair, removal and operation of the traffic signal base and mast arm and any utilities that are essential to its operation. 6. Authority. The persons executing this Agreement represent and warrant that they are duly authorized to execute and deliver this Agreement and to bind to the provisions hereof the party on whose behalf they are signing. 7. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 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. This Agreement may be executed in counterparts. References in the singular number include the plural,and vice versa. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. GRANTEE: CITY OF WATERLOO, IOWA By: (:).•—t-e67.4... Quentin Hart, Mayor Attest: Kelley F chle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on c: . , 2024 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectiv , of the City of Waterloo, Iowa. era^ts BRITNI C PERKINS COMMISSION NO. 845529 * ' ,* MY OWA JANUARY COMMISSION EXPIRES 2026RES Not blic 2 GRANTOR: Hy-Vee, Inc. B . e � arkey, • et v ice President By: AT.4.- ( , athan Allen, Assistant Secretary STATE OF IOWA, COUNTY OF POLK, ss On this.20 day of `" /- , 202`f , before me, the undersigned, a Notary Public in and for the state of Iowa, personally appeared Jeffrey Markey and Nathan Allen, to me personally known, who being by me duly sworn did say that they are the Executive Vice President and Assistant Secretary,respectively,of Hy-Vee, Inc., an Iowa corporation, that the instrument to which this is attached was signed on behalf of said corporation by authority of its Board of Directors; and that the said Jeffrey Markey and Nathan Allen as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by them voluntarily executed. Nota Public in and fo e om. JULIE L.JENSEN State of Iowa t ' COMMISSION NO. 123588 W OM ISS ON EXPIRES ,ov k 3 EXHIBIT "A" Legal Description Sidewalk Easement The North 10 feet of Parcel E in the Southeast Quarter, Section 11, Township 89 North, Range 13, West,Waterloo,Black Hawk County, Iowa Traffic Signal Infrastructure Easement The North 30 feet of the East 12 Feet of Parcel E in the Southeast Quarter, Section 11,Township 89 North, Range 13,West,Waterloo,Black Hawk County, Iowa EXHIBIT"B" Plat for Easement See attached.