HomeMy WebLinkAboutSKH_Properties,_LLC_-_Permanent_Utility_Easement_Agreement_-_9.2.2025Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
Prepared By/Return To: Mark S. Rolinger, 415 Clay St., Cedar Falls, IA 50613, (319) 277-6830
PERMANENT UTILITY EASEMENT AGREEMENT
This Permanent Utility Easement Agreement ("Agreement") is made this / % day of
cifi4,5 f , 2025, by and between the City of Waterloo, Iowa, an Iowa municipality ("City"), and
SKH Properties, L.L.C., an Iowa limited liability company ("Grantor").
WHEREAS, Grantor is the owner of real estate in Waterloo, Black Hawk County, Iowa,
legally described as
That part of the Northeast Quarter of Section 9, Township 88 North, Range
13 West of the 5th P.M., Black Hawk County, Iowa, lying Westerly of
Johnathan Street and lying Northerly of Tower Park Drive and lying
Southerly of Parcel "G" of Plat of Survey Do. #2005-7650 (the "Real Estate");
and
WHEREAS, as a condition of the City's approval of Grantor's site plan for the Real
Estate, the City required Grantor to grant an easement to the City for public utilities; and
WHEREAS, the City and Grantor have reached agreement on the terms of the above and
now wish to reduce their agreement to writing.
NOW, THEREFORE, in consideration of the sum of one dollar ($1.00) and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and
Grantor hereby agree as follows:
1. Grant of Permanent Utility Easement. Grantor hereby grants unto City a perpetual
easement along the southerly and southeasterly boundary of the Real Estate in Waterloo, Black
Hawk County, Iowa as shown on the attached Exhibit "A" ("Easement Area"), for purposes of
establishing, constructing, and maintaining public utilities, including electric, gas, and fiber lines.
The employees, agents, representatives, and assigns of the City, as well as the employees, agents,
representatives, and assigns of any utility company providing utility services in the City, shall
have the right to reasonable access to the Easement Area from within the Easement Area or from
the adjacent public right of way for the purpose of proper establishment, construction, and
maintenance of the utility lines. The right of access granted herein does not include rights of
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
access from or rights of ingress or egress over that part of Grantor's Real Estate not included
within the Easement Area. The rights granted herein shall be deemed perpetual in nature and to
run with the land and shall be binding on Grantor and its successors and assigns.
2. No Obstructions. Grantor shall keep the Easement Area free and clear of all
obstructions including, but not limited to, trees, shrubs, plants, sheds, buildings, and motor
vehicles. City shall have the right to cut, spray and trim trees, shrubs, and plants to the extent
necessary to keep the Easement Area clear of such obstructions and to have any other
obstructions removed at the expense of Grantor.
3. Limitations; Retained Rights. City shall not exercise the rights granted herein in a
manner that prevents or unreasonably interferes with Grantor's use and enjoyment of the Real
Estate. The utilities infrastructure shall be constructed, installed, repaired, maintained and
operated in a safe manner. City shall exercise its rights in a manner that minimizes damage to or
destruction of trees, shrubs and other vegetation on the Real Estate and any improvements
constructed on the Real Estate. Any damage to the surface of the Real Estate or to improvements
on the Real Estate by City or City's successors arising out of the exercise of City's rights in this
Agreement shall be repaired or replaced by City to the satisfaction of the Grantor or Grantor's
successors. Any rights to the Real Estate not specifically granted herein to City are reserved
exclusively to Grantor, and Grantor's successors or assigns
4. Liability. City shall indemnify Grantor and its successors and shall hold Grantor
and its successors harmless from any and all claims by City or third parties for personal injuries
or property damage that arise out of City's exercise of its rights pursuant to the terms of this
Easement.
5. Binding Effect. All rights, duties, remedies and responsibilities provided for
herein shall be for the benefit of the parties and their respective successors and assigns.
6. Authority. Grantor hereby covenants that it holds the Easement Area by title in fee
simple, that Grantor has good and lawful authority to sell and convey the easement interests
herein, that said Easement Area is free and clear of all liens and encumbrances whatsoever,
except those of record or herein may be stated, and that Grantor covenants to warrant and defend
the Easement Area against any claims of right, title, or interest by all persons whomsoever.
SKH Properties, L.L.C.
uff, President
Docusign Envelope ID: A2154141-201C-404C-ACD2-589D3DFB784C
STATE OF IOWA
COUNTY OF BLACK HAWK
On this ic14'' day of A-ujus —, 2025, before me, the undersigned, a Notary Public in
and for said State, personally appeared Jason Huff, to me personally known, who, being by me
duly sworn, did say that he is President of said Company; that said instrument was signed and
sealed on behalf of said Company and that he has the authority to sign on its behalf; and that the
said Jason Huff, as President, acknowledged the execution of said instrument to be the voluntary
act and deed of said Company, by it and by him voluntarily executed.
L • AMY NAUGHTON
_ T. Commission Number 813442
My Commission Expires
ow► October 26,2027
ACCEPTANCE BY CITY OF WATERLOO, IOWA
CITY OF WATERLOO, IOWA,
an Iowa municipality
DocuSigned by:
By 6U.(.UUlin, hit
‘--UU 2SU/8AAC.8449...
Quentin Hart, Mayor
Approved by Council on 9/2/2025