HomeMy WebLinkAboutMcDonald's USA, LLC-Permanent Easement Agreement(RECORDED)-09.23.2024 2024-21181
RECORDED: 10/02/2024 12:11:54 PM
RECORDING FEE:$27.00
REVENUE TAX:$
COMBINED FEE:$27.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
"4. 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
k - 1 to 2624 , by and between the City of Waterloo, Iowa ("City") and McDonald's USA,
LLC, successor by merger to Archland Property I,LLC ("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 City, and City 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 a plat for permanent easements for roadway
maintenance attached hereto as Exhibit "B" (the "Easement Area"). Grantor acknowledges and
agrees that the general public will benefit from the Easement.
2. Purpose. The Easement is intended to allow roadway maintenance on the private
property of Grantor.
3. Grantor Duties. Grantor shall allow City 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 City's use.
4. Grantee's Duties. Grantee shall not block access to the Premises or adversely affect
the business and operation on the Premises, including without limitation, its drive-thru operation.
Grantee shall confer with Grantor in advance of any work that would be anticipated to block public
access to the Buckhart Street entrance, and the parties will work in good faith to develop a mutually
acceptable work plan to minimize such blockage. Grantee shall separate the Easement Area by cones
or other appropriate construction safety barrier. Grantee shall not park on or store any construction
vehicles, equipment or material overnight in the Easement Area or on Grantor's Property, unless
agreed to in writing by Grantor.
5. 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.
6. 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
i
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.
j IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA McDONALD'S USA, LLC
By: By: / f
Quentin Hart, Mayor Signatory for Grantor]
Attest: ry
Kelley Felch , City Clerk
STATE OF ILLINOIS )
) ss.
COOK COUNTY )
as.1Ackn wledged before me on, i `1" , by O /fie_ Laps-
/ ).3 t(f 1. WJ')t 1.
I OFFICIAL SEAL 1
TAMARA L SALINAS i Notary Public
1 NOTARY PUBLIC,STATE OF ILLINOIS
I My Commission Expires 414/21 I
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on ,'J���rwY' ch /,by Quentin Hart and Kelley Felchle as
Mayor and CityClerk, respectively, of to Cit of Wateiloo I y , owes.
AlIV __,___ ,_-------
!,P�\AC SF BRITNI C PERKINS Not. • bL'
° COMMISSION NO.845529
*eirmr,* MY COMMISSION EXPIRES ,
-IOWA JANUARY 27,2026
t_
2
EXHIBIT "A"
Legal Description
South 5 feet of Lot 3, Logan Plaza First Addition, Waterloo, Black Hawk County, Iowa
1. T
EXHIBIT"B"
Plat for Easement
See attached.
ROADWAY MAINTENANCE EASEMENT
Exhibit "B" THE SOUTH 5 FEET OF LOT 3, LOGAN PLAZA FIRST ADDITION,
WATERLOO, BLACK HAWK COUNTY, IOWA f/
7III,
....-k—
0' 20' 40'
■
I
\-41 — — -
r ,,
---------N
■ �
7
w
>
E2
m 0
lfl J
>- 1. _I
W
DW
J o
I
z \O �E`.3 0� ` a_
Pti
> �V' Q� J_
Q _
u Th
o
J
ROADWAY MAINTENANCE EASEMENT
SOUTH LINE OF LOT 3
cK...._ I
ill-
•-_. __ _____________} _1 I
_ __-9
BUCKHART STREET
1
PROPOSED
IMPROVEMENTS ) 7r...,..