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Home My WebLink AboutC and M Enterprises - Permanent Easement Agreement - 11.17.2025 Prepared by Tim Andera,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703 Phone(319)291-4366 PERMANENT EASEMENT AGREEMENT k ( This Permanent Easement Agreement (the "Agreement") is entered into as of l\10ie-Mbeir 7,2025 by and between the City of Waterloo, Iowa("Grantee")and C and M Enterprises,Inc. ("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. 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. C AND M ENTERPRISES, INC. CITY OF WATERLOO, IOWA By: •�-t�' By: 04-A_Q-A-6.4,. /1 Quentin M. Hart, Mayor p Title: ` i' Att e ley Fe le, City Clerk STATE OF 3 tl cool-01 ) ss. &r0w; "G(S COUNTY) `,',Nt11/NN/~ ,,••'��sNER40, Acknowledged before me on OUt ot.(, 20011 , 2025, by TO\-W\ SYMO. C1Gun as : SC0tt IDO1Mi1(1lq(1. of C and M Enterprises, Inc. ,.�0• AR y t� - StiA G 0 • • PUe`� Public -��' STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Aie1/149(r- // , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. /rR'"s BRI tNl C PERKINS gOjrary P is COMMISSION NO.845529 * ""„" * MY COMMISSION EXPIRES IOwA JANUARY 27,2026 4 • . ,. ,• r - • I ; . 11. AO `, -, xt taxs 5 - - EXHIBIT"A" Legal Description PART OF LOT 360 OF PLEASANT VIEW ADDITION, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 360; THENCE NORTH 89° 34'59" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION) ALONG THE SOUTHERLY LINE OF SAID LOT 360,A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89° 34'59" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 360,A DISTANCE OF 27.46 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 360: THENCE NORTH 00°18'55" EAST ALONG THE WESTERLY LINE OF SAID LOT 360,A DISTANCE OF 6.50 FEET; THENCE SOUTH 89° 34'59"EAST 27.45 FEET; THENCE SOUTH 00°17'10" WEST, 6.50 FEET TO THE POINT OF BEGINNING. CONTAINING 178 SQUARE FEET. Exhibit "B" PERMANANT EASMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: C&M ENTERPRISES INC COUNTY PARCEL: 891336456021 1620 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 200 V (`7 N N N N N N N 0 LIJ • ZoO • — a. J CROJECT") PERMANANTS 178 ENT PARCEL 200 CONTAINS 178 SF PLEASANT VIEW ADDITION cc) CD M M co S89°34'59"E 27.45' NOJ°18'55"E 500°17'10"W 6.50 6.50' • N89°34'59"W i 27.46' POC POB PLYMOUTH AVENUE (60') S'LY LINE N89°34'59"W_ 12.50' LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (200') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT CLD-628-179 MIN== A=COM 1"=40' SHEET 1 OF 2 Exhibit "B" Continued PERMANANT EASMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: C&M ENTERPRISES INC COUNTY PARCEL: 891336456021 1620 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 200 DESCRIPTION:PERMANANT EASEMENT PROJECT PARCEL 200 PART OF LOT 360 OF PLEASANT VIEW ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 360;THENCE NORTH 89°34'59"WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE SOUTHERLY LINE OF SAID LOT 360,A DISTANCE OF 12.50 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 89°34'59"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 360,A DISTANCE OF 27.46 FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 360:THENCE NORTH 00°18'55"EAST ALONG THE WESTERLY LINE OF SAID LOT 360,A DISTANCE OF 6.50 FEET;THENCE SOUTH 89°34'59"EAST 27.45 FEET;THENCE SOUTH 00°17'10"WEST,6.50 FEET TO THE POINT OF BEGINNING. CONTAINING 178 SQUARE FEET. A=COM SHEET 2 OF 2