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Home My WebLink AboutT and S Properties Management II, LLC - 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 This Permanent Easement Agreement (the "Agreement") is entered into as of N c J e m h e-r I`] , 2025 by and between the City of Waterloo, Iowa("Grantee")and T and S Properties Management II,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 12'x 12'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. T AND S PROPERTIES .MANAGEMENT II LLC CITY OF WATERLOO, IOWA By �— BY 1)A} uA Z� : �� Quentin M. Hart, Mayor Title: Attest: elley F e, City Clerk STATE OF //A&i4 ) ss. Lek v/L COUNTY) Acknowledged before me on /lv ,2025, byle-; as Ad,rrg of T and S Properties II,LLC �"'"`8 TIM ANDERA °_ COMMISSION NO.772518 * * MY COMMISSION EXPIRES /bwa APRIL 11,2027 Notary u is STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) // Acknowledged before me on 4/t' br C'7 , 2025,by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa. 'P,AC BRITNI C PERKINS COMMISSION NO.845529 MMI'^n'n'* MY jgNUAR 1027,2026RES otar lic IOWA • • • • • • \k, � i3(.O1 '.M1iT ' atasA egtS I MVO, • • tl� EXHIBIT"A" PART OF THE SOUTHEAST 1/4 OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE 5TH P.M., CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF GARDEN PLACE, THENCE NORTH 00°13'37" EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF LAPORTE ROAD, 164.19 FEET(164.10 FEET RECORD);THENCE SOUTH 89°31'59"EAST, 5.00 FEET;THENCE SOUTH 00°13'37"WEST, 84.51 FEET; THENCE SOUTH 89°46'23"EAST, 10.00 FEET;THENCE SOUTH 00°13'37"WEST, 20.00 FEET;THENCE NORTH 89°46'23"WEST, 10.00 FEET;THENCE SOUTH 00°13'37"WEST, 59.67 FEET TO THE NORTHERLY LINE OF LOT 1 OF GARDEN PLACE; THENCE NORTH 89°36'17"WEST ALONG SAID NORTHERLY LINE, 5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,021 SQUARE FEET. Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: T AND S PROPERTIES MANAGE II LLC COUNTY PARCEL: 891336476019 OWNER ADDRESS: 4127 DEENA DR PROJECT PARCEL: 210 CEDAR FALLS,IA 50613 PROPERTY ADDRESS: 1409 LA PORTE RD WATERLOO,IA 50703 S89°31'59"E if 5.00' (120.1') E'LY R-O-W LINE/ l' PROJECT �'- PARCEL 210 mi`. a;m PART SE 1/4 S89°46'23"E CI w 10.00' SEC 36-89-13W Q Mie,—I �� O ,m-i;v S00°13'37"W v ON 20.00' W z: I— PERMANENT EASEMENT CONTAINS 1021 SF O d N89°46'23"W J 10.00' "- m" n`° y,oi `a"' w (185.2')N89°3617"W \N.LY LINE LOT 1 POB 5.00' 1 N ci GARDEN PLACE LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND 5 23°45'25"E 59.58' MEASURED DIMENSION (59.6') RECORD DIMENSION SCALE IN FEET 0 40 80 REFERENCE DOCUMENT 2012-011887 111111. — 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: T AND S PROPERTIES MANAGE II LLC COUNTY PARCEL: 891336476019 OWNER ADDRESS: 4127 DEENA DR PROJECT PARCEL : 210 CEDAR FALLS,IA 50613 PROPERTY ADDRESS: 1409 LA PORTE RD WATERLOO,IA 50703 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 200 PART OF THE SOUTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH P.M.,CITY OF WATERLOO, COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF GARDEN PLACE,THENCE NORTH 00°13'37"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF LAPORTE ROAD,164.19 FEET(164.10 FEET RECORD);THENCE SOUTH 89°31'59"EAST,5.00 FEET;THENCE SOUTH 00°13'37"WEST,84.51 FEET; THENCE SOUTH 89°46'23"EAST,10.00 FEET;THENCE SOUTH 00°13'37"WEST,20.00 FEET;THENCE NORTH 89°46'23"WEST, 10.00 FEET;THENCE SOUTH 00°13'37"WEST,59.67 FEET TO THE NORTHERLY LINE OF LOT 1 OF GARDEN PLACE;THENCE NORTH 89°36'17"WEST ALONG SAID NORTHERLY LINE,5.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1021 SQUARE FEET. AECOM SHEET 2 OF 2