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Home My WebLink AboutCRV, Inc. - 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 b.cem pee S ,2025 by and between the City of Waterloo,Iowa("Grantee")and CRV 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 plats attached hereto as Exhibits `B-1 and B-2". 2. Purpose. The Premises is intended for installation, maintenance, and replacement of underground electric and electrical fuse cabinet. 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 grading, 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. Encroachments. Grantee is willing to allow the encroachment of a private pole sign and private light pole into the Permanent Easement located on project parcel LPR202. Furthermore, the Grantee grants the Grantor the right to maintain, at Grantor's sole risk, a pole sign and light pole in, upon and over the encroachment area depicted on Exhibit "C" hereto, subject to the rights of the Grantee and/or any agency which the Grantee has granted a utility franchise or license agreement to and for access over, under and upon said easement area. Grantor and/or any agency which the Grantee has granted a utility franchise or license agreement to and for access over, under and upon said easement area shall not be liable for damage caused to the encroachments arising from exercising of their rights under this agreement, except for damage caused by gross negligence or willful misconduct by the Grantee and/or any agency which the Grantee has granted a utility franchise or license agreement to and for access over, under and upon said easement area. 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. CRV, INC. CITY OF WATERLOO, IOWA By: By: 1At L Quentin M. Hart, Mayor Title: ((( Attest: elley Fe hle, City Clerk STATE OF_10 uL)/tA ) ) ss. ,4Q4 //L f(-tuit, COUNTY) Acknowledged before me on /00 2 M /�"2025, by 16Vi '• 6�,f✓/ias � /'� ✓y of CRV, Inc. 0".4, RICHARD R. MORRIS NotaryPublic COMMISSION NO. 106916 * - * MY COMMISSION EXPIRES kw" FEBRUARY 19,2028 1 i STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me onVeC61496' , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and CityClerk, respectively, of the'Cof Waterloo, Iowa. Y ity No 1' r Pa'A`S� BRITNI C PERKINS „; COMMISSION NOE 845529 *' � * MY COMMISSION EXPIRES Iowa JANUARY 27,2028 �.'✓: :..,.,x,.:w.Y+'xn ::: e y�.,.. ,.,..� fit,": v ^? ' 'C _ • • , • Vet gY S?�f4;`-'$'sf:11,124a}tt,t xm!'tfi#+ 1 j•oint EXHIBIT"A" Legal Description PART OF THE SOUTHERLY 100.00 FEET OF LOT 17 IN GARDEN PLACE, CITY OF WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWESTERLY CORNER OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17; THENCE SOUTH 89°43'05"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 11.03 FEET TO THE POINT OF BEGINNING; THENCE NORTH 37°35'58" WEST, 17.96 FEET TO THE WESTERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE NORTH 00°17'45"EAST ALONG THE WESTERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 85.76 FEET TO THE NORTHWESTERLY CORNER OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17; THENCE SOUTH 89°43'05"EAST ALONG THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17, A DISTANCE OF 5.00 FEET; THENCE SOUTH 00°17'46"WEST, 84.04 FEET; THENCE SOUTH 37°35'58"EAST 20.13 FEET TO THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17; THENCE NORTH 89°43'05"WEST ALONG THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 6.33 FEET TO THE POINT OF BEGINNING. CONTAINING 520 SQUARE FEET. AND PART OF LOT 17 IN GARDEN PLACE ADDITION, CITY OF WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 17;THENCE SOUTH 89°43'23"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 17,A DISTANCE OF 12.00 FEET; THENCE SOUTH 00°17'45" WEST,6.00 FEET; THENCE NORTH 89°43'23" WEST, 7.00 FEET; THENCE SOUTH 00°17'45" WEST, 163.88 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17; THENCE NORTH 89°43'05" WEST ALONG SAID NORTHERLY LINE, 163.88 FEET TO THE WESTERLY LINE OF SAID LOT 17; THENCE NORTH 00°17'45" WEST ALONG THE WESTERLY LINE OF SAID LOT 17,A DISTANCE OF 169.88 FEET TO THE POINT OF BEGINNING. CONTAINING 891 SQUARE FEET. Exhibit "B-1" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CRV INC COUNTY PARCEL: 891336478011 1607 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 202 HOWARD AVENUE(60') r o GARDEN PLACE 0 u LLI z I— 17 18 19 CC rj D 589'43'05"E 5.00' N'LY LINE 5'LY 100' N00°17'45"E PERMANENT EASEMENT GPRRcOJEC 85.76' CONTAINS 520 5F 202EL 202 _0 o 5' oz S'LY 100'LOT 17 u 537°35'58"E 20.13' N37"3559 W 12.96'J • POC N89°43'05"W \_ 6.33' POB 589°43'05"E 11.03' PLYMOUTH AVENUE(60') LEGEND: PARCEL OR LOT CORNER MONUMENT FOUND III N90°00'00.0"E 0.00' MEASURED DIMENSION (170'1 RECORD DIMENSION SCALE IN FEET 0 50 100 REFERENCE DOCUMENT 2024-00009464 = A;COM 1"=50' SHEET 1 OF 2 Exhibit "B-1" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CRV INC COUNTY PARCEL: 891336478011 1607 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 202 DESCRIPTION:PERMANENT EASEMENT PROJECT PARCEL 202 PART OF THE SOUTHERLY 100.00 FEET OF LOT 17 IN GARDEN PLACE,CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHWESTERLY CORNER OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE SOUTH 89°43'05"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 11.03 FEET TO THE POINT OF BEGINNING;THENCE NORTH 37°35'58"WEST,17.96 FEET TO THE WESTERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE NORTH 00°17'45"EAST ALONG THE WESTERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 85.76 FEET TO THE NORTHWESTERLY CORNER OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE SOUTH 89°43'05"EAST ALONG THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°17'46"WEST,84.04 FEET;THENCE SOUTH 37°35'58"EAST 20.13 FEET TO THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE NORTH 89°43'05"WEST ALONG THE SOUTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17,A DISTANCE OF 6.33 FEET TO THE POINT OF BEGINNING. CONTAINING 520 SQUARE FEET. AECOM SHEET 2 OF 2 Exhibit "B-2" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CRV INC COUNTY PARCEL: 891336478010 1607 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 203 HOWARD AVENUE 589°43'23"E 500°17'45'W 12.00' 6.00' POB N89°42'15'W 7.00' PERMANENT EASEMENT CONTAINS 891 SF b t PROJECT i I rn' PARCEL 203 V n'�O 'aim Obi "iiG �'� GARDEN CE a O 17 18 19 EL 1 O w 0_ i ,j`N'LY LINE S'LY 100' ,___N89°43'05"W ___ 5.00' ! PROJECT PARCEL202 j R I STY 100'LOT 17 I (170') PLYMOUTH AVENUE LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND NI N90°00'00.0"E 0.00' MEASURED DIMENSION (170') RECORD DIMENSION SCALE IN FEET 0 50 100 REFERENCE DOCUMENT MM.2014-00007518 4 COA1 1"=50' SHEET 1 OF 2 Exhibit "B-2" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: CRV INC COUNTY PARCEL: 891336478010 1607 LA PORTE RD WATERLOO IA 50702 PROJECT PARCEL: 203 DESCRIPTION:PERMANENT PROJECT PARCEL 203 PART OF LOT 17 IN GARDEN PLACE ADDITION,CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 17;THENCE SOUTH 89°43'23"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 17,A DISTANCE OF 12.00 FEET;THENCE SOUTH 00°17'45"WEST,6.00 FEET;THENCE NORTH 89°43'23"WEST,7.00 FEET;THENCE SOUTH 00°17'45"WEST,163.88 FEET TO THE NORTHERLY LINE OF THE SOUTHERLY 100.00 FEET OF SAID LOT 17;THENCE NORTH 89°43'05"WEST ALONG SAID NORTHERLY LINE,163.88 FEET TO THE WESTERLY LINE OF SAID LOT 17;THENCE NORTH 00°17'45"WEST ALONG THE WESTERLY LINE OF SAID LOT 17,A DISTANCE OF 169.88 FEET TO THE POINT OF BEGINNING. CONTAINING 891 SQUARE FEET. A►=COM SHEET 2 OF 2 Exhibit "C" 1 W PROPOSED WATER * v r 4 4.. * t : MAIN = e T' I- n O r J -� �' _ / -----_,�`PROPOSED STORM --. SEWER ,-/ -./_ Pry LAP••TE ROAD Encroaching Sign PROTECT BUSINESS SIGN EXISTING ROW LIGHTPOLE TO BE PROPOSED PERM.ACQUISITION • REMOVED BY OTHERS _�� °e r _PROTECT LIGHT _ — imp' 19.4 miria 11 ■■1e ■1► T- . ' �' ‘6 Encr,, 79 4 L_a t n6.0' PROPOSED PERM. EASEMENT II I DRIVEWAY REMOVAL IS PERMANENT PERMANENT ACQUISITION - EASEMENT 92 SF° - , 540 SF y CLPR202 CRV INC , ' 0 20 41.Ai FEET PARCEL ID:891336478011 ' mm~ 1621 LA PORTE RD 1 404 . �`., 7 — I LEGEND RIGHT-OF-WAY/PROPERTY LINES '4 " ACQUISTION LINES - ` ° it .„- ~-<yf — PERM.EASEMENT LINES — — — — TEMP.EASEMENT LINES PARCEL I I PERMANENT ACQUISITION L.PR202 1 I PERMANENT EASEMENT PHASE ANY PAVEMENT REMOVED I I TEMPORARY EASEMENT UNLESS OTHERWISE NOTED. 4 Public Impact Diagram 19 �� CRV INC j A L Q� La Porte Road Reconstruction 04-I0-25 Waterloo,Iowa 60736162