HomeMy WebLinkAboutKingu Properties, LLC - (RECORDED) Permanent Easement Agreement - 10.06.2025 2025-15321
RECORDED: 10/17/2025 03:46:15 PM
RECORDING FEE:$32.00
REVENUE TAX:$
COMBINED FEE:$32.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
•y 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 Kingu
Properties,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 and a 6'x 6' fuse box.
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.
KINGU PROPERTIES,LLC CITY OF WATERLOO, IOWA
By: /4 f By:
Quentin M. Hart, Mayor
Title: Ou'vvtie
Attest:
Kelley Felch City Clerk
STATE OF /h/u4 )
Att, ././4/dkj
ss.
COUNTY)
A owledged before me on 9 //10 , 2025,by U,S as
of Kingu Properties, LLC
o + TIM ANDERA
COMMISSION NO.772518 ()ikaryPubic
* "--="'_* MY COMMISSION EXPIRES
kw" APRIL 11,2027
2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on D("�U '7 , 2025, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
o BRITNI ubl
mm►m* MISSIO NOR845529
* _,_
IOWA COMMISSION EXPIRES
JANUARY 27,2026
3
Exhibit"A"
PART OF LOT 1 OF GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE
OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1,THENCE SOUTH 89°36'17"EAST
ALONG THE NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 5.00 FEET;THENCE SOUTH
00°25'23"WEST,93.71 FEET;THENCE SOUTH 89°27'31"EAST,5.00 FEET;THENCE SOUTH
00°25'23"WEST,10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1;THENCE NORTH
89°27'31"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 10.00 FEET
TO THE SOUTHWESTERLY CORNER OF SAID LOT 1;THENCE NORTH 00°25'23"EAST
ALONG THE WESTERLY LINE OF SAID LOT 1,A DISTANCE OF 103.70 FEET TO THE POINT OF
BEGINNING.
CONTAINING 225 SQUARE FEET.
Exhibit "B"
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: KINGU HOLDINGS LLC COUNTY PARCEL: 891336476002
OWNER ADDRESS:
1322 CREEKSIDE CT PROJECT PARCEL : 209
WATERLOO, IA 50702
PROPERTY ADDRESS:
1419 LA PORTE RD
WATERLOO, IA 50703
FND. REBAR/YC
589°36'17"E N'LY LINE
POB 5.00'
,
PROJECT
PARCEL 209
o GARDEN PLACE
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PERMANENT EASEMENT
/ S89°27'31"E CONTAINS 569 SF
5.00'
W'LY LINE , 75'LY LINE
,
,
S00°25'23"W (200')
10.00'
N89°27'31"W
10.00'
LOCKE AVENUE (60')
NN,
LEGEND:
• PARCEL OR LOT CORNER MONUMENT FOUND
III
S 23°45'25" E 59.58' MEASURED DIMENSION
(59.6') RECORD DIMENSION
SCALE IN FEET
0 40 80
REFERENCE DOCUMENT
2024-24876
4ECOM 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: KINGU HOLDINGS LLC COUNTY PARCEL: 891336476002
OWNER ADDRESS: PROJECT PARCEL: 209
1322 CREEKSIDE CT
WATERLOO,IA 50702
PROPERTY ADDRESS:
1419 LA PORTE RD
WATERLOO,IA 50703
DESCRIPTION:PERMANENT EASEMENT PARCEL 209
PART OF LOT 1 OF GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1,THENCE SOUTH 89°36'17"EAST ALONG THE NORTHERLY LINE OF
SAID LOT 1,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°25'23"WEST,93.71 FEET;THENCE SOUTH 89°27'31"EAST,5.00
FEET;THENCE SOUTH 00°25'23"WEST,10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1;THENCE NORTH 89°27'31"
WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 1;THENCE NORTH 00°25'23"EAST ALONG THE WESTERLY LINE OF SAID LOT 1,A DISTANCE OF 103.70 FEET TO THE
POINT OF BEGINNING.
CONTAINING 225 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
cl , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Kingu
Properties,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 and a 6'x 6' fuse box.
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.
KINGU PROPERTIES, LLC CITY OF WATERLOO, IOWA
By: `` By:
Quentin M. Hart, Mayor
Title: Ot,tiv.v
Attest:
Kelley Felch City Clerk
STATE OF /t4Jfr l )
ss.
„� �� COUNTY)
Acknowledged before me on q `� , 2025, by 1/ '5 /'ep /c as
044144k...- of Kingu Properties, LLC
TIM ANDERA
z „_ COMMISSION NO.772518 o ary Public
* ' * MY COMMISSION EXPIRES
rgwi, APRIL 11,2027
2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY ) '7
Acknowledged before me on Oth , 2025, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
�pHIA(s ubl
OMMISSIO NRKINS
Iowa'* ��'�MMISSION EXp RES
JANUARY 27,2026
3
Exhibit"A"
PART OF LOT 1 OF GARDEN PLACE, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE
OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1, THENCE SOUTH 89°36'17" EAST
ALONG THE NORTHERLY LINE OF SAID LOT 1, A DISTANCE OF 5.00 FEET; THENCE SOUTH
00°25'23"WEST, 93.71 FEET; THENCE SOUTH 89°27'31" EAST, 5.00 FEET; THENCE SOUTH
00°25'23"WEST, 10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1; THENCE NORTH
89°27'31"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET
TO THE SOUTHWESTERLY CORNER OF SAID LOT 1; THENCE NORTH 00°25'23" EAST
ALONG THE WESTERLY LINE OF SAID LOT 1, A DISTANCE OF 103.70 FEET TO THE POINT OF
BEGINNING.
CONTAINING 225 SQUARE FEET.
Exhibit "B"
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: KINGU HOLDINGS LLC COUNTY PARCEL: 891336476002
OWNER ADDRESS:
1322 CREEKSIDE CT PROJECT PARCEL: 209
WATERLOO,IA 50702
PROPERTY ADDRESS:
1419 LA PORTE RD
WATERLOO,IA 50703
FND.REBAR/YC
589°36'17"E N."-
N'LY LINE
POB E 5.00'
PROJECT
I
GARDEN PLACE'
ur NIti,PC,-^ Vfir Vlih . Nir1O OOP LI 2
J
,, PERMANENT EASEMENT
S89°27'31"E CONTAINS 569 SF
5.00'
W'LY LINE
�S'LY LINE
500°25'23"W (200')
10.00'
N89°27'31"W
10.00'
LOCKE AVENUE (60')
N
LEGEND:
• PARCEL OR LOT CORNER MONUMENT FOUND
S 23°45'25"E 59.58' MEASURED DIMENSION
(59.6') RECORD DIMENSION
SCALE IN FEET
0 40 80
REFERENCE DOCUMENT
2024-24876 -�=
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: KINGU HOLDINGS LLC COUNTY PARCEL: 891336476002
OWNER ADDRESS: PROJECT PARCEL: 209
1322 CREEKSIDE CT
WATERLOO,IA 50702
PROPERTY ADDRESS:
1419 LA PORTE RD
WATERLOO,IA 50703
DESCRIPTION:PERMANENT EASEMENT PARCEL 209
PART OF LOT 1 OF GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1,THENCE SOUTH 89°36'17"EAST ALONG THE NORTHERLY LINE OF
SAID LOT 1,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°25'23"WEST,93.71 FEET;THENCE SOUTH 89°27'31"EAST,5.00
FEET;THENCE SOUTH 00°25'23"WEST,10.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 1;THENCE NORTH 89°27'31"
WEST ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 10.00 FEET TO THE SOUTHWESTERLY CORNER OF SAID
LOT 1;THENCE NORTH 00°25'23"EAST ALONG THE WESTERLY LINE OF SAID LOT 1,A DISTANCE OF 103.70 FEET TO THE
POINT OF BEGINNING.
CONTAINING 225 SQUARE FEET.
A=COM
SHEET 2 OF 2