HomeMy WebLinkAboutMetro Investments Waterloo, LLC - Permanent Easement Agreement ($12,282) - 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
Dece-c,nbe✓ ► , 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$12,282.00, 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.
1
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 INVESTMENTS WATERLOO C CITY OF WATERLOO, IOWA
By: g4,-,..,4'
Quentin M. Hart, ayor
Title:VW VAC-i< Attest: ('P___--
Kelley elchle, ity erk
STATE OF 44 )
ss.
COUNTY)
Acknowledged before me on44,57 5, , 2025,by - •- /..
iZ ? 0jrt /
rAFi8I
. /
AP027 otary 'ublic
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 1,t1,h(,°.- II ,2025,by Quentin M. Hart and
Kel le as Mayor and City Clerk, respectively,of the City of Waterloo, Iowa.
ublic oaf"s BRITNI C PERKINS
* * MY COMMISSIONCEXP R S9
2
IOWA JANUARY 27,2026
EXHIBIT"A"
Legal Description
PART OF LOTS 1,2 AND 3 OF SUNKIST ADDITION, CITY OF WATERLOO,
COUNTY OF BLACK HAWK, STATE OF IOWA,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1; THENCE
NORTH 89°31'59" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS
DESCRIPTION)ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF
3.40 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH
89°31'59"WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 3,A
DISTANCE OF 173.12 FEET; THENCE NORTH 00°28'01"EAST, 6.00 FEET;THENCE
SOUTH 89°31'59" EAST, 168.00 FEET; THENCE NORTH 00°41'10" WEST, 126.53 FEET
TO THE NORTHERLY LINE OF SAID LOT 2; THENCE SOUTH 89°31'59" EAST
ALONG THE NORTHERLY LINE OF SAID LOT 2,A DISTANCE OF 5.00 FEET;
THENCE SOUTH 00°41'10"EAST, 132.53 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,671 SQUARE FEET.
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Exhibit "B"
PERMANENT EASEMENT PLAT
LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07
WATERLOO, IOWA
OWNER: METRO INVESTMENTS WATERLOO LLC COUNTY PARCEL: 891336408015
1328 LA PORTE RD
WATERLOO,IA 50703 PROJECT PARCEL: 212
I
589°31'59"E
5.00'
N'LY LINEN
500°41'10"E
132.53'
PERMANENT EASEMENT
CONTAINS 1671 SF N00°41'10"W
126.53'
CPROJECT
PARCEL 212 J CV
SUNKIST
ADDITION
N00°28'01"E 589°31'S9"E
6.00' 168.00' -.\- '
`\ 0
\, POC Ct
I-
5'LY LINE) POB N89°31'59"W 0
N89°31'59"W 3.40' <
173.12'
EASTON AVENUE (66')
LEGEND:
• PARCEL OR LOT CORNER MONUMENT FOUND
NI
500°41'10"E 132.53' MEASURED DIMENSION
(150')
RECORD DIMENSION
SCALE IN FEET
0 40 80
REFERENCE DOCUMENT
2016-016992 =IMMOIMIN I
-00M 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: 891336408015
1328 LA PORTE RD
WATERLOO,IA 50703 PROJECT PARCEL: 212
DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 212
PART OF LOTS 1,2 AND 3 OF SUNKIST ADDITION,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF SAID LOT 1;THENCE NORTH 89°31'59"WEST(ASSUMED BEARING FOR
THE PURPOSE OF THIS DESCRIPTION)ALONG THE SOUTHERLY LINE OF SAID LOT 1,A DISTANCE OF 3.40 FEET TO THE POINT
OF BEGINNING;THENCE CONTINUING NORTH 89°31'59"WEST ALONG THE SOUTHERLY LINE OF SAID LOTS 1 AND 3,A
DISTANCE OF 173.12 FEET;THENCE NORTH 00°28'O1"EAST,6.00 FEET;THENCE SOUTH 89°31'59"EAST,168.00 FEET;
THENCE NORTH 00°41'10"WEST,126.53 FEET TO THE NORTHERLY LINE OF SAID LOT 2;THENCE SOUTH 89°31'59"EAST
ALONG THE NORTHERLY LINE OF SAID LOT 2,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°41'10"EAST,132.53 FEET TO
THE POINT OF BEGINNING.
CONTAINING 1,671 SQUARE FEET.
AECOM
SHEET 2 OF 2