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HomeMy WebLinkAboutJP Management Corp - (RECORDED) PERMANENT easement agreement - 7/21/2025 2025-15327 RECORDED: 10/17/2025 03:46:21 PM RECORDING FEE:$27.00 REVENUE TAX:$ COMBINED FEE:$27.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA X.Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT JThis Permanent Easement Agreement (the "Agreement") is entered into as of Z , 2025 by and between the City of Waterloo, Iowa ("Grantee") and JP Management Corp. ("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein,and for other good and valuable consideration in the amount of$10,184.00,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 installation,maintenance,replacement, etc. of underground electric. 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 permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its 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. 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. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. JP MANAGEMENT CORP. CITY OF WATERLOO, IOWA By: By 1) .,1t-:-,p &//-- Quentin M. Hart, Mayor J rtle. 0 l*1� Attest: e ley F 1 hle, City Clerk STATE OF .,[ ) ss. COUNTY) Ackpywledged bejore me on_,_71,/ / , 2025, by T.P gf"-4,,/eArza 4-464 of J Management Corp. % Aralaa-iiii114-7/5946' `teary Pu. M 0 S3HIdX3 NO!FMVIA100 .4.5"! STATE OF IOWA ) MS r tiIJIa1Vd W �-2� ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, resp ctiv ly, of the City of Waterloo, Iowa. es Not lic Z +MITSS ON NO.0 _ * * MY COMMISSION EXPIRES 4 IOWA JANUARY 27,2026 P , • EXHIBIT"A" Legal Description DESCRIPTION: PERM NENT EASEMENT PROJ 'T PARCEL 214 PART OF THE EAST 1/2 1 THE NORTH 1/2 • THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 O SECTION 36, •WNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WA RLOO, CO TY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESC'. BED A` FOLLOWS: BEGINNING AT THE INTERSECTI OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND T. A 'RESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE •RT 89°45'03" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENU r,27.00 FEET, THENCE NORTH 00°14'57" EAST, 8.00 FEET; THENCE SOUTH 89°45'03" 'AST, 14.00 FEE ,THENCE NORTH 56°31'07" EAST, 10.55 FEET; THENCE NORTH 0►.'41'54" WEST 257.2: EET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE I CORNWALL AVENU'• THENCE NORTH 90°00'00" EAST ALONG THE PRESENT SOUT. RLY RIGHT-OF-WAY LI OF CORNWALL AVENUE, 4.00 FEET; THENCE SOUTH 01'41'54" EAST, 271.15 FEET TO T' POINT OF BEGINNING. CONTAINING ,294 SQUARE FEET. . I 5 EXHIBIT"A" Legal Description DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE NORTH 89°45'03" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,27.00 FEET; THENCE NORTH 00°14'57"EAST, 8.00 FEET; THENCE SOUTH 89°45'03" EAST, 14.00 FEET;THENCE NORTH 56°31'07"EAST, 10.55 FEET; THENCE NORTH 00°41'54"WEST 257.28 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE; THENCE NORTH 90°00'00"EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE,4.00 FEET; THENCE SOUTH 00°41'54"EAST,271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. 5 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL: 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 N90°00'00"E CORNWALL AVENUE (60') c 4.00' \ FND.REBAR OC S NO.23212LY R-O-W LINE 14 PART OF THE E.1/2 OF THE N.1/2 OF THE S.1/2 OF THE NW.1/4 OF THE SE.1/4 OF SECT.36,T89N,R13W OF THE 5TH P.M. S00°41'54"E 271.15' PROJECT PARCEL 214 PERMANENT EASEMENT CONTAINS 1294 SF NN-W'LY R-O-W LINE NO0°41'54"W 257.28' 0 LLJ I- N56°31'07"E -J 10.55' S89°45'03"E 14.00' NOO°14'57"E ,/ NLY R-O-W LINE 8.00 FND.1/4"REBAR ' -N., LORRAINE AVENUE (60') N89°45'03"W POB 27.00' LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND S00°16'36.9"W 126.11 MEASURED DIMENSION (200') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT LD-567-661 A=COM 1"=40' SHEET 1 OF 2 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL: 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE;THENCE NORTH 89°45'03"WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,27.00 FEET; THENCE NORTH 00°14'57"EAST,8.00 FEET;THENCE SOUTH 89°45'03"EAST,14.00 FEET;THENCE NORTH 56°31'07"EAST, 10.55 FEET;THENCE NORTH 00°41'54"WEST 257.28 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE;THENCE NORTH 90°00'00"EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE, 4.00 FEET;THENCE SOUTH 00°41'54"EAST,271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. A ECOM SHEET 2 OF 2 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 J v Z\ , 2025 by and between the City of Waterloo, Iowa ("Grantee") and JP Management Corp.("Grantor"). 1. Grant of Easement. In consideration of the mutual promises and covenants contained herein,and for other good and valuable consideration in the amount of$10,184.00,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 installation,maintenance,replacement,etc. of underground electric. 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 permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its 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. 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. IN WITNESS WHEREOF, the parties have executed this Permanent Easement Agreement by their duly authorized representatives as of the date first set forth above. JP MANAGEMENT CORP. CITY OF WATERLOO, IOWA By: By: ,} (, Quentin M. Hart, Mayor e 4-*/1/421,, Attest: e ley F 1 hle, City Clerk STATE OF ) #/lsy,1 ) ss. U,p�� COUNTY) Ackpywledged bejore me on 7u / , 2025, by J! -�f�/2G�fz `G6 4 tecr, . of J Management Corp. 715956. �srary Pu: -o, S31:1IdX3 NC!!3SIS�11/1/07 AS"' . y 9b >L 6S ' ..,;,). 1 , evj c' STATE OF IOWA ) a3enaoN3u� Ms.r Vi�idlyd ' .° - �-zc )y,J ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, resp ctiv ly, of the City of Waterloo, Iowa. Not lic BRITNI C PERKIN Z COMMISSION NO.845529 4 * IC MY COMMISSION EXPIRES IOWA JANUARY 27,2026 EXHIBIT"A" Legal Description DESCRIPTION: PERM, NENT EASEMENT PRO7T PARCEL 214 PART OF THE EAST 1/2 • THE NORTH 1/2 • THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 O SECTION 36, •WNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WA RLOO, CO TY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESC'\ BED A` FOLLOWS: BEGINNING AT THE INTERSECTI OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND TI-C 'RESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE •RT 89°45'03" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTI'N)ALO THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENU F,27.00 FEET, THENCE NORTH 00°14'57" EAST, 8.00 FEET; THENCE SOUTH 89°45'03" FAST, 14.00 FEE , THENCE NORTH 56°31'07" EAST, 10.55 FEET; THENCE NORTH 0►'41'54" WEST 257.2: EET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE • CORNWALL AVENU'• THENCE NORTH 90°00'00" EAST ALONG THE PRESENT SOUT. RLY RIGHT-OF-WAY LI OF CORNWALL AVENUE,4.00 FEET; THENCE SOUTH 01'4I'54" EAST, 271.15 FEET TO T' POINT OF BEGINNING. CONTAINING ,294 SQUARE FEET. 5 EXHIBIT"A" Legal Description DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE; THENCE NORTH 89°45'03" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,27.00 FEET; THENCE NORTH 00°14'57"EAST, 8.00 FEET; THENCE SOUTH 89°45'03" EAST, 14.00 FEET; THENCE NORTH 56°31'07"EAST, 10.55 FEET;THENCE NORTH 00°41'54" WEST 257.28 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE; THENCE NORTH 90°00'00"EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE,4.00 FEET; THENCE SOUTH 00°41'54" EAST, 271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. 5 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL: 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 N90°00'00'E CORNWALL AVENUE (60') c 4.00' / FND.REBAR OC S'LY R-O-W LINE NO.23212 PART OF THE E.1/2 OF THE N.1/2 OF THE S.1/2 OF THE NW.1/4 OF THE SE.1/4 OF SECT.36,T89N,R13W OF THE 5TH P.M. S00°41'54"E 271.15' CROJECTRCEL 211 PERMANENT EASEMENT CONTAINS 1294 SF W'LY R-O-W LINE N00°41'54"W 257.28' LLJ F- CL N 56°31'07"E --I 10.55' S89°45'03'E 14.00' N00°14'57"E' 8.00 FND.1/4"REBAR N'LYR-O-W LINE � LORRAINE AVENUE (60') N89°45'03"W/ POB 27.00' LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND S00°16'36.9"W 126.11' MEASURED DIMENSION (200') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT LD-567-661 A:COM 1"=40' SHEET 1 OF 2 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: J P MANAGEMENT CORP COUNTY PARCEL; 891336406018 1224 LA PORTE RD WATERLOO,IA 50703 PROJECT PARCEL: 214 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 214 PART OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD AND THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE;THENCE NORTH 89°45'03"WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT NORTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,27.00 FEET; THENCE NORTH 00°14'57"EAST,8.00 FEET;THENCE SOUTH 89°45'03"EAST,14.00 FEET;THENCE NORTH 56°31'07"EAST, 10.55 FEET;THENCE NORTH 00°41'54"WEST 257.28 FEET TO THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE;THENCE NORTH 90°00'00"EAST ALONG THE PRESENT SOUTHERLY RIGHT-OF-WAY LINE OF CORNWALL AVENUE, 4.00 FEET;THENCE SOUTH 00°41'54"EAST,271.15 FEET TO THE POINT OF BEGINNING. CONTAINING 1,294 SQUARE FEET. AECOM SHEET 2 OF 2