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Home My WebLink AboutLaPorte RE LLC - Permanent Easement Agreement - 12.15.2025 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 're,rn .r 1 S , 2025 by and between the City of Waterloo, Iowa ("Grantee") and La Porte RE,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$7,416.00 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 storm sewer,retaining wall, 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. LA PORTE RE, LLC CITY OF WATERLOO, IOWA By: ,sze. icry By: l 1 ��`� Quentin M. Hart, Mayor Title: Attest: 6./L elley F c le, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on 29n Z , 2025,by//4 4_ 5- as 4/f91 of La Porte RE, LLC osuAL• TIM ANDERA ° ..__ COMMISSION NO.772518 * '---'" * MY COMMISSION EXPIRES ary ublic awl. APRIL 11,2027 STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on(4 /4, , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk of the Ci f Waterloo, Iowa. P+" BRITNI C PERKINS otary lic ICOMM!SSON NO.845529 MY OMMIS ION 20 IIRES 1 ! 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( 'cry AV/.1 A ) bor.; 1-10-1 14 a-my:hi() -./ci Bwoj001-iwrfArIct.ijj ) yi; •• rs • atiltNA3q itilTifi8 „E.:11-,4mcy,), 1114 aso Ns YFIAI 1_04, - - • 3, EXHIBIT"A" Legal Description PART OF LOT 240,PLEASANT VIEW ADDITION, CITY OF WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 240; THENCE NORTH 89°39'19" WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 240,A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00°16'37"WEST, 126.11 FEET TO THE SOUTHERLY LINE OF SAID LOT 240; THENCE NORTH 89°54'41"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 240,A DISTANCE OF 25.00 FEET; THENCE NORTH 00°05'19" EAST, 5.00 FEET; THENCE SOUTH 89°54'41" EAST, 14.00 FEET; THENCE NORTH 47°56'33" EAST 8.14 FEET; THENCE NORTH 00°16'37" EAST, 95.68 FEET; THENCE NORTH 89°39'19" WEST, 9.00 FEET; THENCE NORTH 00°16'37" EAST, 20.00 FEET TO THE NORTHERLY LINE OF SAID LOT 240; THENCE SOUTH 89°39'19" EAST ALONG THE NORTHERLY LINE OF SAID LOT 240, A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. CONTAINING 927 SQUARE FEET. Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: LAPORTE R E LLC COUNTY PARCEL: 891336454012 1516 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 204 POB N89°39'19"W 3.00' I S89°39'19"E (133') 17.00' POC N00°16'37"E PERMANENT EASEMENT 20.00'_..../7 , CONTAINS 927 SF S00°16'37"W 126.12' CP_ROJECT ARCEL 204 9.00' PLEASANT VIEW w; uq ADDITION co 0) O O, Ov co N- c.) co co co V 2� 2; N N N N CV N47°56'33"E 8.14' 589°54'41"E CI 14.00' Q N00°O51.9"E 0IX 5.00' W CC -N89°54'41'W ----------------- a. (200') N89°54'41"W J 25.00' HOWARD AVENUE (60') • , 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 2005-010261 = � 2005-010261 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: LAPORTE R E LLC COUNTY PARCEL: 891336454012 1516 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL : 204 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 204 PART OF LOT 240,PLEASANT VIEW ADDITION,CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHEASTERLY CORNER OF SAID LOT 240;THENCE NORTH 89°39'19"WEST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 240,A DISTANCE OF 3.00 FEET TO THE POINT OF BEGINNING;THENCE SOUTH 00°16'37"WEST,126.11 FEET TO THE SOUTHERLY LINE OF SAID LOT 240;THENCE NORTH 89°54'41"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 240,A DISTANCE OF 25.00 FEET;THENCE NORTH 00°05'19"EAST,5.00 FEET;THENCE SOUTH 89°54'41"EAST,14.00 FEET;THENCE NORTH 47°56'33"EAST 8.14 FEET; THENCE NORTH 00°16'37"EAST,95.68 FEET;THENCE NORTH 89°39'19"WEST,9.00 FEET;THENCE NORTH 00°16'37"EAST, 20.00 FEET TO THE NORTHERLY LINE OF SAID LOT 240;THENCE SOUTH 89°39'19"EAST ALONG THE NORTHERLY LINE OF SAID LOT 240,A DISTANCE OF 14.00 FEET TO THE POINT OF BEGINNING. CONTAINING 927 SQUARE FEET. A=COM SHEET 2 OF 2