HomeMy WebLinkAboutMetro Investments Waterloo, LLC - Permanent Easement Agreement ($5,799) - 12.1.2025 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
t ece be? ( , 2025 by and between the City of Waterloo, Iowa ("Grantee") and Metro
Investments Waterloo,LLC ("Grantor").
1. Grant of Easement. In consideration of the mutual promises and covenants
contained herein, and for other good and valuable consideration in the amount of$5,799.00, 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.
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.
METRO INVESTMENTSJi
WAT OO,LLC CITY OF WATERLOO, IOWA
(
By:
Quentin M. Hart,Mayor
Title: OW r,(f.� Attest:
Kelley el le, C t erk
STATE OF /0/44- )
) ss.
9' c /140k5OUNTY)
Acknowledged before me on (19,rt %8 ,2025, by 744„ —�
as ,2),1,6E. of Metro Inves ents, L
LTRçJ
Notary Public
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Acknowledged before me onleG , // , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
-.4 aJ
lic „" , BRITNI C PERKINS
its / 2 A 'L COMMISSION NO.845529
* * MY COMMISSION EXPIRES
2 _ IOWA JANUARY 27,2026
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EXHIBIT"A"
Legal Description
DESCRIPTION: PERMANENT EASEMENT PROJECT PARCEL 213
PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5
ACRES OF THE SOUTH 10 ACRES OF THE NORTHWEST 1/4 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:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST
ADDITION; THENCE NORTH 89°31'59" WEST(ASSUMED BEARING FOR THE
PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 2,
A DISTANCE OF 1.30 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING
NORTH 89°31'59" WEST ALONG THE NORTHERLY LINE OF SAID LOT 2,A
DISTANCE OF 5.00 FEET; THENCE NORTH 00°41'10"WEST, 128.98 FEET;THENCE
NORTH 89°47'46" WEST, 13.00 FEET; THENCE NORTH 00°41'10"WEST, 8.00 FEET
TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE;THENCE
SOUTH 89°47'46"EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF
LORRAINE AVENUE, 18.00 FEET;THENCE SOUTH 00°41'10"EAST, 137.00 FEET TO
THE POINT OF BEGINNING.
CONTAINING 789 SQUARE FEET.
3
Exhibit "B"
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408014
1326 LA PORTE RD
WATERLOO,IA 50703 PROJECT PARCEL: 213
LORRAINE AVENUE(60')
N89°31'59"W
589°40 40' - f 1.30'
18.
S'LY R-O-W
LINE
N00°41'10"W
8.00'
PERMANENT EASEMENT
CONTAINS 789 SF SOO°41'10"E
N89°47'46"W 137.00'
13.00'
PROJECT \
PARCEL 213
N00°41'10"W
PART OF THE W.67'OF THE E.100'OF 128.98'
THE N.5 ACRES OF THE 5.10 ACRES OF
THE NW.1/4 OF THE SE.1/4 OF
SECT.36,T89N,R13W OF THE 5TH P.M. N'LY LINE
POC
N89°31'59"W 0
Q
5.00' N89°31'59"W 0
POB 1.30' Et
W
I-
N SUNKIST
0
ADDITION 0-
J
M \
LEGEND:
• PARCEL OR LOT CORNER MONUMENT FOUND
S00°16'36.9"W 126.11' MEASURED DIMENSION
(200') RECORD DIMENSION
SCALE IN FEET
0 40 80
REFERENCE DOCUMENT
2016-016992 NM=III Il NIMENN
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: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408014
1326 LA PORTE RD
WATERLOO,IA 50703 PROJECT PARCEL: 213
DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 213
PART OF THE WEST 67.00 FEET OF THE EAST 100.00 FEET OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE
NORTHWEST 1/4 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:
COMMENCING AT THE NORTHEASTERLY CORNER OF LOT 2 OF SUNKIST ADDITION;THENCE NORTH 89°31'59"WEST
(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 2,A DISTANCE OF
1.30 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING NORTH 89°31'59"WEST ALONG THE NORTHERLY LINE OF
SAID LOT 2,A DISTANCE OF 5.00 FEET;THENCE NORTH 00°41'1O"WEST, 128.98 FEET;THENCE NORTH 89°47'46"WEST,
13.00 FEET;THENCE NORTH 00°41'10"WEST,8.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE;
THENCE SOUTH 89°47'46"EAST ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF LORRAINE AVENUE,18.00 FEET;THENCE
SOUTH 00°41'10"EAST,137.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 789 SQUARE FEET.
AECOM
SHEET 2 OF 2