HomeMy WebLinkAboutWaterloo Water Works Board of Trustees-Permanent Easement Agreement-09.04.2007 PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement(the "Agreement") is entered into by and between the
Waterloo Water Works Board of Trustees (the "Utility") and the City of Waterloo (the
"Municipality")this/day of Sep-0n6-er
RECITALS:
1. Real estate in Waterloo, Iowa, which includes the real estate legally described on
attached Exhibit A, which by this reference is made a part hereof, is owned in fee simply by the
City of Waterloo,but all powers and authority with regard to the lease, sale or other disposition
of same is vested in the Utility according to law.
2. The Municipality desires to construct a public recreational trail on the real estate
described on attached Exhibit A for purposes of the Donald Street Recreational Trail Project.
3. The Utility is willing to grant the District a permanent easement for the
construction, maintenance and enjoyment of such a recreational trail according to the terms and
conditions described below.
NOW, THEREFORE,the parties agree as follows:
1. The Easement. The Utility hereby grants the Municipality a permanent easement
over and across the real estate described on attached Exhibit A (the "Easement Area") for the
purpose of construction and maintaining a recreational trail thereon.
2. Temporary Construction Easement. The Utility grants to the Municipality a
temporary construction easement over any portion of the Utility's real estate adjoining the
Easement Area reasonably necessary for the construction of said recreational trail. The
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construction shall be completed on or before December 31, 2008, at which time the temporary
construction easement will terminate. The Municipality shall return any portion of the Utility's
real estate which was a part of the temporary construction easement to the same condition as
existed prior to the commencement of construction, all at the Municipality's expense.
4. Title. Utility covenants that the City of Waterloo is the fee simple owner of the
Easement Area or has an interest in the Easement Area. Utility will warrant and defend title to
the Easement Area against all claims.
5. Enjoyment of Easement. Except for the temporary excavation of the Easement
Area to construct, repair or maintain the equipment of Utility,the Utility hereby covenants that
no excavation, structure or obstruction will be constructed, nor will any change be made by
grading or otherwise, to the Easement Area or adjacent thereto that would in any way adversely
affect the Municipality's use and enjoyment of the Easement Area. The Municipality's
covenants that in exercising the rights and privileges granted to it by this Agreement it will not
adversely affect the Utility's water wells and other associated equipment or otherwise interfere
with the Utility's operation of the same located on the property adjacent to the Easement Area
and the Utility's enjoyment of its property adjacent to the Easement Area and the Utility's
enjoyment of its property adjacent to the Easement Area.
6. Maintenance. The Municipality, at its own expense, shall maintain and be
responsible for the cost of maintaining the Easement Area and the recreational trail thereon
including snow and ice removal to the that the premises will be kept in a sage and serviceable
condition. Municipality shall not allow the Easement Area to to fall into a state of disrepair or
otherwise detract from the character or general standard of maintenance of the Utility's property
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adjacent to the Easement Area. Municipality will not allow trash of any kind to accumulate in
the Easement Area and will remove the same from the premises at its own expense.
Municipality shall make no structural alterations or improvements to the Easement Area without
Utility's prior written approval of the plans and specifications therefore. Such approval shall not
be unreasonably withheld by Utility.
7. Indemnity. Except to any negligence of the Utility or its agents and to the extent
not covered by insurance maintained by Utility or Municipality, Municipality will protect,
indemnify, and save harmless Utility from and against any and all loss, costs, damage, and
expense occasioned by, or arising out of, any accident or other occurrence causing or inflicting
injury or damage to any person or property, happening or done in, upon, or about the Easement
Area, or due directly or indirectly to Municipality's exercise of any rights granted by this
Easement.
8. Easement Personal to Municipality. The rights granted by this Easement to
Municipality are personal as to Municipality and shall revert back to Utility in the event of the
use of the Easement Area is abandon by Municipality. Municipality shall not assign or convey
any rights granted to it under this Easement without prior written approval of the Utility.
9. Binding Nature. This Easement shall be deemed to run with the land, and this
Agreement shall be binding upon and inure to the benefit of the Utility and the Municipality, and
their respective successors and assigns.
10. Law Applicable. This Agreement shall be interpreted according to the laws of the
State of Iowa.
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WATERLOO WATER WORKS CITY OF WATERLOO
BOARD OF TRUSTEES
By: &C*--(t4/44,-
Chairman 4a yor
By: By: rim tiu,r 1.0
Secretary Date: Sep,'e,,- Gisr �,/
Title: Yha,yO
I, I)c M7 EeKe-r f-, certify that I am Clerk of the City, and that rn 16-'O-er ,
who signed said Agreement for and on behalf of the City, was duly authorized to execute the
same by virtue of a formal resolution duly passed and adapted by the City.
On the Lifh day of Se f+ern irtr , 2007 .
Signed Date Ste 4 (M y , 2007
City Clerk of terloo, Iowa
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