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Home My WebLink AboutCasey's Marketing Company -(RECORDED) Permanent Easement Agreement - 10.6.2025 2025-15325 RECORDED: 10/17/2025 03:46:19 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 ,Q-i (Q , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Caseys Marketing Company("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$960.00, 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, and replacement of a 12'x 12' electrical transformer. 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. a� 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. CASEYS MARKETING COMPANY CITY OF WATERLOO, IOWA By: By: Jl. "'� LL Quentin M. Hart, Mayor 1` Title: Y p a Attes • lley Fe le, ity Clerk STATE OF /OLK ) ss. Palk- COUNTY) Acknowledged before me on , '' '"/Hbh' /v, 2025, by //16$. M O' as gird 1510/ of Caseys Marketing Company. DESTINY LEMPIAINEN (11411116tiA, s„Commission 1 ' aim n Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) 2 Acknowledged before me on D6130( I , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. .0'5'1'i S� BRITNI C PERKINS COMMISSION NO.845529 N lic m;;'.~', x MY COMMISSION EXPIRES JANUARY 27,2026 3 Exhibit"A" PERMANENT EASEMENT DESCRIPTION: PART OF LOTS 243 AND 244 OF PLEASANT VIEW ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 244;THENCE SOUTH 89°54'41"EAST ALONG THE NORTHERLY LINE OF SAID LOT 244,A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°54'41"EAST ALONG THE NORTHERLY LINE OF SAID LOTS 244 AND 243,A DISTANCE OF 20.00 FEET; THENCE SOUTH 00°05'19"WEST,5.00 FEET;THENCE NORTH 89°54'41"WEST,20.00 FEET; THENCE NORTH 00°05'19"EAST,5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET. 1 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CASEYS MARKETING COMPANY COUNTY PARCEL: 891336456010 2117 FALLS AVE. WATERLOO, IA 50701 PROJECT PARCEL : 201 m ih M M �t N N N N N HOWARD AVENUE (60') -- 0 N00°05'19"E S89°54'41"E N'LY LINE O 5.00' POB 20.00' LY POC (127') 1LLJ -- S00°05'19"W 0 589°54'41"E 5.00' d 25.00' Q N89°54'41"W 20.00' PROJECT PARCEL201 PERMAMNENT EASEMENT CONTAINS 100 SF N N --- co co vr M N N N N N N N PLEASANT VI EW ADDITION • (127') ko- 0 LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (127') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT 2010-019635 - -- AECOM 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: CASEYS MARKETING COMPANY COUNTY PARCEL: 891336456010 2117 FALLS AVE. WATERLOO,IA 50701 PROJECT PARCEL: 201 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 201 PART OF LOTS 243 AND 244 OF PLEASANT VIEW ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 244;THENCE SOUTH 89°54'41"EAST ALONG THE NORTHERLY LINE OF SAID LOT 244,A DISTANCE OF 25.00 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°54'41" EAST ALONG THE NORTHERLY LINE OF SAID LOTS 244 AND 243,A DISTANCE OF 20.00 FEET;THENCE SOUTH 00°05'19" WEST,5.00 FEET;THENCE NORTH 89°54'41"WEST,20.00 FEET;THENCE NORTH 00°05'19"EAST,5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET. A=COM 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 (® , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Caseys Marketing Company("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$960.00, 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, and replacement of a 12'x 12' electrical transformer. 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. CASEYS MARKETING COMPANY CITY OF WATERLOO, IOWA By: By: [1.1-C32 -1i-erk�/ . LL Quentin M. Hart, Mayor Title: VI', Rad COAX_ Attes • lley Fe le, ity Clerk STATE OF /0qA ) ) ss. APe- COUNTY) . ', .. /n� by i t1d /i2 6 as Acknowledged before me on �1'�Jv� �!/�, 2025, 03 n fsA9k- of Caseys Marketing Company. "'P,A,s, DESTINY LEMPIAINEN (11,0116( _ �Commission Number 785556 mainwiv225.z Notary Public 'ow. STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) 2 Acknowledged before me on D( 1 I , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. �0"4 S' BRITNI C PERKINS COMMISSION NO.845529 N lic I:k n tc MY COMMISSION EXPIRES mi JANUARY 27,2026 3