HomeMy WebLinkAboutPrice Investments, LLC - Temporary and Permanent Easement Agreements - 10.20.2025 I
Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
. Z. ,2025 by and between Price Investments,LLC("Grantor"),and the City
of Waterloo,Iowa("Grantee").
1. Grant of Temporary 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, a temporary easement for purposes
relating to construction of the Improvements (the"Temporary Easement") in,to, upon,
over, across, and beneath the real estate (the "Temporary Easement Premises") as set
forth on Exhibit"A" attached hereto and by this reference made a part hereof.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct La Porte Road, utility
improvements, grading, seeding, repaving, and installation of a retaining wall (the
"Improvements"). It is the intention of the parties that Grantee shall assume all
responsibility for the construction of the Improvements adjacent to the Premises, and that
Grantor shall have no liability relating to the Easement or the Improvements except as may
arise from the Grantor's own negligent acts or omissions or willful misconduct.
3. Grantor Duties and Privileges. Grantor shall deliver possession of the
Temporary Easement Premises to Grantee, "as is,where is",without any representation or
warranty as to the condition of same. Grantor shall have no duty to prepare the Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement,but may not conduct other activities upon the Temporary Easement Premises
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby
agrees to indemnify Grantee, its officials, officers, employees, contractors and agents,
with respect to any and all claims for injuries, death, property damage, property loss or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Temporary Easement Premises during the term of
this Agreement.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
PRICE INVESTMENTS,LLC CITY OF WATERLOO, IOWA
By: By:
Quentin M. Hart,Mayor
Title:
Attest
-lley Felchle, City Clerk
STATE OF IOWA)
ss.
BLACK HAWK COUNTY )
Acknowledged before me or,�`.I "'"'ez-e 2i/ , 2025, by46,�-, 0. /-,gee as
soedAJE Z of Price Investments,LLC
4.0"`f - TIM ANDERA —
a ___ r COMMISSION NO.772518 C ..
* ,* MY COMMISSION EXPIRES
bWA APRIL 11,2027 Notary ublic
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me on C,'f , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo, Iowa.
�PPA�S� BRITNI C PERKINS
2 r COMMISSION NO.845529
* * MY COMMISSION EXPIRES NO
IOWA JANUARY 27,2026
•
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ASS :s0 4A MIT 1 4,1"`
y'. 1ataSIT 011 VOIVtiMhil i
4 83s't!*1X3 t'K,ta Illy A03 :m 4 ;s,`
1
f i{i i t ,. '.Mviy'i sty ,c '.;i
Exhibit "A"
20.0' ,
REMOVE AND
LPR2J) REINSTALL SIGN ��
PRICE INVESTMENTS :.LC
PARCEL ID:89133645202'
1955 LOCKE AVE
REMOVE POSTS
o
PERMANENT PERMANENT TEMPORARY REMOVE AND REINSTALL
ACQUISITION EASEMENT EASEMENT PARKING LOT I
1212 SF 7 7 SF 9485 SF
PROPOSED TEMP.
EASEMENT
REMOVE AND REINSTALL - POWER POLE TO BE
LANDSCAPING,
4 ,REMOVED BY OTHERS
; �� �.
POWER POLE TO BE PCC PAVEMENT AND 12• X 12' '
•
—NINN
w
REMOVED BY OTHERS RETAINING WALL TRANSFORMER I _ 1
a PROPOSED PERM. PROPCSED PERM. 20° z
EASEMENT REMOVE AND EASEMENT I-
- Y REINSTALL cn
REMOVE LOT POWER POLE TO BE w
6.0• ,f
BOLLARD CHAIN —/ PARKIN_ T3'
— - — REMOVED BY OTHERS— — ` °-a--s.�
5.0' 1
O
111
TT YY
....,_06....„____ , \ e
PROPOSED PERM. ACQUISITION POWER POLE TO BE EXISTING RCW PROPOSED WA-ER
REMOVED BY OTHERS II LA PORTE ROAD MAIN
PROPOSED STORM
SEWER
1,1I 7 411 ---) i'iliP------7= 1/
r
LEGEND e ,
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
— -- --- — PERM.EASEMENT LINES
0 :
— — — — TEMP.=ASEMENT LINES FEE1 PARCEL
1 I PERMANENT ACQUISITIONIIIIM LPR208
I I PERMANENT EASEMENT Pi-ASE
ANY PAVEMENT REMOVED WILL 2
1 I TEMPORARY EASEMENT �- 1 ' BE REPLACED IN-KIND UNLESS
OTHERWISE NOTED.
Public Impact Diagram
(t
4 ,-1
Li Acorn PRICE INVESTMENT LLC
La Porte Road Reconstruction
09-19-2S Waterloo,Iowa 60736162
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
OCylc. ZC , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Price
Investments,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 storm sewer, and 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,
repaving, etc. 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. 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.
6. 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.
PRICE INVESTMENTS,LLC CITY OF WATERLOO, IOWA
C2'(Ie—; B By' �� y' Quentin M. Hart, Mayor
Title: 07v _
Attest:
elle Felc , City Clerk
STATE OF IOWA)
) ss.
BLACK HAWK COUNTY )CC
Acknowledged before me ort'2T'emi .gq,2025,byM as
De..1Ne,'YL, of Price Investments, LLC
,..0"`4. TIM ANDERA •
4 za 1r COMMISSION NO.772518
* MY COMMISSION EXPIRES
i rowp APRIL 11,2027 Notary ublic
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on L/c't'w, 57) , 2025, by Quentin M. Hart and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. -
48'"S0 BRITNI C
2 COMMISSION NO.
PERKINSR8EX 529 0,01, • — E.
* * MY COMMISSION
27,2026 ..or Public
IOWA
4
r
EXHIBIT"A"
Legal Description
DESCRIPTION: PERMANENT EASEMENT 1
PART OF LOT 1 IN PLEASANT VIEW ADDITION,CITY OF WATERLOO, COUNTY OF
BLACK HAWK, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH
89°36'33" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)
ALONG THE NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 5.00 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 00°13'37"WEST, 30.00 FEET;THENCE NORTH
89°36'33" WEST, 20.50 FEET; THENCE NORTH 00°13'37"EAST,30.00 FEET TO THE
NORTHERLY LINE OF SAID LOT 1; THENCE SOUTH 89°36'33" EAST ALONG THE
NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 20.50 FEET TO THE POINT OF
BEGINNING.
CONTAINING 615 SQUARE FEET.
DESCRIPTION: PERMANENT EASEMENT 2
PART OF LOT 120 IN PLEASANT VIEW ADDITION,CITY OF WATERLOO, COUNTY OF
BLACK HAWK, STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS.
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 120; THENCE NORTH
89°27'31" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)
ALONG THE SOUTHERLY LINE OF SAID LOT 120,A DISTANCE OF 4.50 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUING NORTH 89°27'31" WEST ALONG THE
SOUTHERLY LINE OF SAID LOT 120,A DISTANCE OF 20.50 FEET; THENCE NORTH
00°13'37"EAST, 5.00 FEET;THENCE SOUTH 89°27'31"EAST,20.50 FEET; THENCE SOUTH
00°13'37" WEST, 5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 102 SQUARE FEET.
5
Exhibit "B"
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: PRICE INVESTMENTS LLC COUNTY PARCEL: 891336452021
OWNER ADDRESS:
3320 THISTLEDOWN DR PROJECT PARCEL: 208
WATERLOO,IA 50702
PROPERTY ADDRESS:
1955 LOCKE AVE
WATERLOO,IA 50703
N89°36'33"W
EASTON AVENUE(66') 4.50'
589°36'33"E �
20.50' N
(220') �POC PE1
N'LY LINE-Zr
/ pEl
_
N00'13'37'E_/ 500"13'37"V/
30.00' 30.00'
N8996'33'W
20.50'
- PERMANENT
EASEMENT 1
CONTAINS 615 SF
N- N L V (N N
PLEASANT VIEW
ADDITION
0
(140') w Q
o?oo °
czoo'I _" 0,o W
% H
O
D_
Q
��//ARCPROJEECL208 J
T\\
P ,_ ,- m 0, N
PERMANENT
EASEMENT 2
CONTAINS 102 SF
589'27'31.E
20.50' 500°13'37'W
PE2 1 5.00'
N005.00''3 E 1..,.. si
500'(280') SLY LINE--'-'-''
N89°2T31"W� �POC PE2
20.50'
LOCKE AVENUE(60') POB PE2
N89'27'319W
4.50'
LEGEND:
• PARCEL OR LOT CORNER MONUMENT FOUND
S 23°45'25"E 59.58' MEASURED DIMENSION
(59.6') RECORD DIMENSION
SCALE IN FEET
0 50 100
REFERENCE DOCUMENT
2017-016996 -�-�
AcCOM 1"=50'
SHEET 1 OF 2
Exhibit "B" Continued
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: PRICE INVESTMENTS LLC COUNTY PARCEL: 891336452021
OWNER ADDRESS:
3320 THISTLEDOWN DR PROJECT PARCEL: 208
WATERLOO,IA 50702
PROPERTY ADDRESS:
1955 LOCKE AVE
WATERLOO,IA 50703
DESCRIPTION:PERMANENT EASEMENT 1
PART OF LOT 1 IN PLEASANT VIEW ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 89°36'33"WEST(ASSUMED BEARING FOR
THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 5.00 FEET TO THE POINT
OF BEGINNING;THENCE SOUTH 00°13'37"WEST,30.00 FEET;THENCE NORTH 89°36'33"WEST,20.50 FEET;THENCE NORTH
00°13'37"EAST,30.00 FEET TO THE NORTHERLY LINE OF SAID LOT 1;THENCE SOUTH 89°36'33"EAST ALONG THE
NORTHERLY LINE OF SAID LOT 1,A DISTANCE OF 20.50 FEET TO THE POINT OF BEGINNING.
CONTAINING 615 SQUARE FEET.
DESCRIPTION:PERMANENT EASEMENT 2
PART OF LOT 120 IN PLEASANT VIEW ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 120;THENCE NORTH 89°27'31"WEST(ASSUMED BEARING FOR
THE PURPOSE OF THIS DESCRIPTION)ALONG THE SOUTHERLY LINE OF SAID LOT 120,A DISTANCE OF 4.50 FEET TO THE
POINT OF BEGINNING;THENCE CONTINUING NORTH 89°27'31"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 120,A
DISTANCE OF 20.50 FEET;THENCE NORTH 00°13'37"EAST,5.00 FEET;THENCE SOUTH 89°27'31"EAST,20.50 FEET;THENCE
SOUTH 00°13'37"WEST,5.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 102 SQUARE FEET.
A=COM
SHEET 2 OF 2