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Home My WebLink AboutBeverly Realty, LLC - (RECORDED)Permanent Easement Agreement - 10.6.2025 2025-15323 RECORDED:10/17/2025 03:46:17 PM RECORDING FEE:$27.00 REVENUE TAX:$ COMBINED FEE:$27.00 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 L ,2025 by and between the City of Waterloo,Iowa("Grantee")and Beverly Realty,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 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 underground electrical. 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. J7 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. BEVERLY REALTY, LLC CITY OF WATERLOO, IOWA By: By: Quentin M. Hart, Mayor Title: rgiew,46„ty Atte j „ e City Clerk A notary public or other o- cer * ple ng ' this certificate verifies only the identity of STATE OF C mift)rrt4 \ the individual who signed the document to which this certificate is attached, and not ) SS. the truthfulness, accuracy, or validity of c ATye1c COUNTY) that document. Acknowledged before me on fr1AC . t , 2025, by J?o2ek* A'. Vs ANL() as A %: . , 4 . 4 - -- 5verly Realty, LLC a .F REBECA ZEPEDA Notary Public - California = -T --.4Lo Los Angeles County a Commission # 2415852 �'} ��y Comm. Expires Sep 15, 2026 -: No Pub is 2-142 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 1Iiv '7 , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. o,��,RIA(S BRIT 2 P COMMISSIONPERKINS Nor ' blic IOW * MY COMMISSION Q XPI 529 JANUARY 27, 2028 AES EXHIBIT "A" Legal Description DESCRIPTION: PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16; THENCE SOUTH 89°43'09" EAST (ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE NORTHERLY LINE OF SAID LOT 16, A DISTANCE OF 5 .00 FEET; THENCE SOUTH 00° 18'45 " WEST, 101 .26 FEET ( 100.00 FEET RECORD) TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16; THENCE NORTH 89°36'50" WEST ALONG SAID SOUTHERLY LINE, 5 .00 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE NORTH 00° 18'45 " EAST ALONG SAID WESTERLY LINE, 101 .25 FEET ( 100.00 FEET RECORD) TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET. 3 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: BEVERLY REALTY LLC COUNTY PARCEL: 891336477001 OWNER ADDRESS: 4655 N COLORADO BLVD PROJECT PARCEL: 207 DENVER,CO 80216 PROPERTY ADDRESS: 1507 LA PORTE RD WATERLOO,IA 50703 LOCKE AVENUE (60') S89°43'09"E 5.00' """""__""S89°43'09"E___-----_- 181.00' (99') - -- N'LY LINE LOT 17 PERMANENT EASEMENT CONTAINS 506 SF w; 3r1111NN 16 N O �irl O �itp 0' anti PROJECT z PARCEL 207 S'LYLINEOFTHEN'LY100'OF LOT 16 GARDEN PLACE W'LY LINE (99') 0 N89°36'50"W 5.00' GARDEN PLACE w I- 0 0 J LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (99') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT - 2024-000080 MINIM - 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: BEVERLY REALTY LLC COUNTY PARCEL: 891336477001 OWNER ADDRESS: 4655 N COLORADO BLVD PROJECT PARCEL: 207 DENVER,CO 80216 PROPERTY ADDRESS: 1507 LA PORTE RD WATERLOO,IA 50703 DESCRIPTION:PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16;THENCE SOUTH 89°43'09"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 16,A DISTANCE OF 5.00 FEET:THENCE SOUTH 00°18'45"WEST,101.26 FEET(100.00 FEET RECORD)TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16;THENCE NORTH 89°36'50"WEST ALONG SAID SOUTHERLY LINE,5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16;THENCE NORTH 00°18'45"EAST ALONG SAID WESTERLY LINE,101.25 FEET(100.00 FEET RECORD)TO THE POINT OF BEGINNING. CONTAINING 506 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 Beverly Realty,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 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 underground electrical. 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. BEVERLY REALTY,LLC CITY OF WATERLOO, IOWA By: By: QLA-ri-h -----Yfe'-- 46414614_,- Quentin M. Hart, Mayor Title: giw,461 Atte LC— . A notary public or other o cer pie g e,City Clerk this certificate verifies only the identity of STATE OF C OA 1ID YYUA ) the individual who signed the document to which this certificate is attached,and not )SS. the truthfulness,accuracy,or validity of 14 c AlViettc COUNTY) that document. Acknowledged before me on T • 15 ,2025,by Ro -l" }CI". Pt pi Mao as ,, ... 4 ; A _ _ $f8everly Realty, LLC REBECA ZEPEDA Notary Public.California Z $ away Los Angeles County r� ��"+�� Commission ri 2415852 `k'''' My Comm.Expires Sep 15,2026 - No Pub rc STATE OF IOWA ) )ss. BLACK HAWK COUNTY ) Acknowledged before me on(1 11 7 , 2025,by Quentin M. Hart and Kelley Felchie as Mayor and City Clerk,respectively,of the City of Waterloo, Iowa. C - p�P,P�A(`rt, BRITNI C PERKINS No blic Z ;iii,,,, r- COMMISSION NO. IOWA"* fib'COMMISSION EXP g529 JANUARY 27,2028 2 EXHIBIT"A" Legal Description DESCRIPTION: PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO,COUNTY OF BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16;THENCE SOUTH 89°43'09" EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 16,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°18'45" WEST, 101.26 FEET(100.00 FEET RECORD)TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16;THENCE NORTH 89°36'50" WEST ALONG SAID SOUTHERLY LINE, 5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16; THENCE NORTH 00°18'45" EAST ALONG SAID WESTERLY LINE, 101.25 FEET(100.00 FEET RECORD)TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET. 3 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: BEVERLY REALTY LLC COUNTY PARCEL: 891336477001 OWNER ADDRESS: 4655 N COLORADO BLVD PROJECT PARCEL: 207 DENVER,CO 80216 PROPERTY ADDRESS: 1507 LA PORTE RD WATERLOO,IA 50703 LOCKE AVENUE (60') 589°43'09"E 5.00' S89°43'09"E _ --- --- --------- `N'LY LINE LOT 17 PERMANENT EASEMENT CONTAINS 506 SF • wI 30 a;ry a;' 16 rolo o JN PROJECT\\` z; v1� PARCEL 207 ��/ 5'LYLINEOFTHEN'LYE100'OF LOT 16 GARDEN PLACE W'LY LINE (99') ft O N89°36'50"W w 5.00' GARDEN PLACE I- O 0 J LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (99') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT - 2024-000080 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: BEVERLY REALTY LLC COUNTY PARCEL: 891336477001 OWNER ADDRESS: 4655 N COLORADO BLVD PROJECT PARCEL: 207 DENVER,CO 80216 PROPERTY ADDRESS: 1507 LA PORTE RD WATERLOO,IA 50703 DESCRIPTION:PERMANENT EASEMENT PART OF THE NORTHERLY 100.00 FEET OF LOT 16 IN GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 16;THENCE SOUTH 89°43'09"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 16,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°18'45"WEST,101.26 FEET(100.00 FEET RECORD)TO THE SOUTHERLY LINE OF THE NORTHERLY 100.00 FEET OF SAID LOT 16;THENCE NORTH 89°36'50"WEST ALONG SAID SOUTHERLY LINE,5.00 FEET TO THE WESTERLY LINE OF SAID LOT 16;THENCE NORTH 00°18'45"EAST ALONG SAID WESTERLY LINE,101.25 FEET(100.00 FEET RECORD)TO THE POINT OF BEGINNING. CONTAINING 506 SQUARE FEET. AECOM SHEET 2 OF 2