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
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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 -
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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.
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