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HomeMy WebLinkAboutRuthanne E. Rooff - Permanent Easement Agreement - (RECORDED)12.15.2025 Docusign Envelope ID:E34EFEFE-BC09-410C-B60C-8BE932E5F543 2026-00748 RECORDED:01/20/2026 09:40:54 AM RECORDING FEE:$32.00 REVENUE TAX:$ COMBINED FEE:$32.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA `, Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, 'r Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2025-729 RESOLUTION APPROVING A PERMANENT EASEMENT AGREEMENT IN THE AMOUNT OF $20,000.00, WITH RUTHANNE E. ROOFF, LOCATED AT 1525 LA PORTE ROAD, IN CONJUNCTION WITH THE LA PORTE ROAD PHASE II RECONSTRUCTION PROJECT, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENT. WHEREAS, the City of Waterloo, Iowa, is undertaking the La Porte Road Phase II Reconstruction Project to enhance local transportation infrastructure; and WHEREAS, the project necessitates a permanent easement on the property located at 1525 La Porte Road, owned by Ruthanne E. Rooff; and WHEREAS, a Permanent Easement Agreement has been negotiated with Ruthanne E. Rooff in the amount of Twenty Thousand Dollars ($20,000.00), meeting city requirements for the project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, that: 1. The Permanent Easement Agreement with Ruthanne E. Rooff is hereby approved in the amount of$20,000.00. 2. The Mayor and City Clerk are authorized and directed to execute said documents on behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 15th day of December 2025. ,—DoeuSigned by: Ut 44 '—Das2aDra CB449.. Quentin Hart, Mayor ATTEST: (—Signed by: Kd& f d[cite Kelley 1 e1chIe, City Clerk SEAL WA 44, . m. + fig. aI :IIa s MR III III • # -""�." 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 e.iyAk c ,2025 by and between the City of Waterloo,Iowa("Grantee")and Ruthann E. Rooff("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 Exhibit"B". 2. Purpose. The Premises is intended for installation, maintenance, and replacement of underground electric and electrical switchgear. 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. MiscelIaneous 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. RUTHANNE E. ROOFF CITY OF WATERLOO, IOWA By: By: -/kl Quentin M. Hart, ayor Title: k--‘1--vsf \.\ Attest: , cfi b' Kelley F lchle, City Clerk STATE OF 4. ) ) ss. k, ork COUNTY) Acknowledged before me on I /l ?- , 2025, by ) &L2k i, 4 as Imo* Mk-of-Kt - t r - of Rut anne E. Rooff r.Ske ad rscn-. fc ct- nc 8 ANGELO LAKE 0 1 � Commfsaton No.SO4333 :An* MY • mm!Expires Notary blic STATE OF IOWA ) ) ss. BLACK IIAWK COUNTY ) Acknowledged before me onle 2cr /f, , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. p�P�iA4 n biRITNI C PERKINS * ,,,, COMMISSION NO.845529 Not liC ramp,'* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 2 EXHIBIT"A" Legal Description PART OF THE SOUTHERLY 170.00 FEET OF LOT 16 IN GARDEN PLACE, CITY OF WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHWESTERLY CORNER OF SAID LOT 16;THENCE NORTH 00° 18'45'EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE WESTERLY LINE OF SAID LOT 16,A DISTANCE OF 168.62 FEET(170.00 FEET RECORD)TO THE NORTHERLY LINE OF THE SOUTHERLY 170.00 FEET OF SAID LOT 16; THENCE SOUTH 89°36'50"EAST ALONG THE NORTHERLY LINE OF THE SOUTHERLY 170.00 FEET OF SAID LOT 16,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°18'45" WEST, 14.09 FEET; THENCE SOUTH 89°47'02" EAST, 6.90 FEET; THENCE SOUTH 00°12'58" WEST,20.00 FEET; THENCE NORTH 89°47'02" WEST, 6.93 FEET; THENCE SOUTH 00°18'45" WEST, 129.51 FEET; THENCE SOUTH 89°43'23" EAST, 5.00 FEET;THENCE SOUTH 00°16'37" WEST,5.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 16;THENCE NORTH 89°43'23"WEST ALONG THE SOUTHERLY LINE OF SAID LOT 16,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,006 SQUARE FEET. 3 Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: ROOFF,RUTHANNE E COUNTY PARCEL: 891336477016 OWNER ADDRESS: 1354 PROSPECPBLVD PROJECT PARCEL: 206 WATERLOO IA 50701 PROPERTY ADDRESS: 1525 LA PORTE RD WATERLOO,IA 50703 16 S89°36'50'E S00°18'45"W 5.00' 14 09' N'LY LINE S 170' OF LOT 16 t (99')� I S09°47'02"E � _� 6,90' •�T500.12'58"W GARDEN PLACE 20.00' I ' N8994702°W 6.93' J i i W; PERMANENT EASEMENT rf)'- 1 CONTAINS 1006 SF r. o co."n• o , 0 z( Nirn PROJECT Q a PARCEL 206 O W Et I d i, 589°43'23"E 1 5.00' i i 500°16'37"W POB (99'} N-STY LINE LOT 16 N89°43'23"W 10.00' 0 lCI HOWARD AVENUE (60') (601 LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00.0"E 0.00' MEASURED DIMENSION (99') RECORD DIMENSION SCALE[N FEET 0 40 80 REFERENCE DOCUMENT MIME IIMMIni /� 2006-030563 - AECOM 1'—4Q SHEET 1 OF 2 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: ROOFF, RUTHANNE E COUNTY PARCEL: 891336477016 OWNER ADDRESS: 1354 PROSPECT BLVD PROJECT PARCEL: 206 WATERLOO,IA 50701 PROPERTY ADDRESS: 1525 LA PORTE RD WATERLOO,IA 50703 DESCRIPTION:PERMANENT EASEMENT PART OF THE SOUTHERLY 170.00 FEET OF LOT 16 IN GARDEN PLACE,CITY OF WATERLOO,BLACK HAWK COUNTY,STATE OF IOWA,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, BEGINNING ATTHE SOUTHWESTERLY CORNER OF SAID LOT 16;THENCE NORTH 00°18'45'EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE WESTERLY LINE OF SAID LOT 16,A DISTANCE OF 168,62 FEET(170.00 FEET RECORD)TO THE NORTHERLY LINE OF THE SOUTHERLY 170.00 FEET OF SAID LOT 16;THENCE SOUTH 89°36'50"EASTALONG THE NORTHERLY LINE OF THE SOUTHERLY 170,00 FEET OF SAID LOT 16,A DISTANCE OF 5.00 FEET;THENCE SOUTH 00°18'45"WEST,14.09 FEET;THENCE SOUTH 89°47'02"EAST,6.90 FEET;THENCE SOUTH 00°12'58"WEST,20.00 FEET; THENCE NORTH 89°47'02"WEST,6.93 FEET;THENCE SOUTH 00°18'43"WEST,129.51 FEET;THENCE SOUTH 89'43'23"EAST, 5.00 FEET;THENCE SOUTH 00°16'37"WEST,5.00 FEET TO THE SOUTHERLY LINE OF SAID LOT 16;THENCE NORTH 89°43'23" WEST ALONG THE SOUTHERLY LINE OF SAID LOT 16,A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING 1,006 SQUARE FEET. AECOM SHEET 2 OF 2