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Home My WebLink AboutMcDonald's Corporation- Permanent Easement Agmnt - 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 beCcm'e-" , 2025 by and between the City of Waterloo, Iowa ("Grantee")and McDonald's Corporation("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$1,550.00,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" (the "Easement Area"), and subject to the Addendum attached hereto as Exhibit"C". 2. Purpose. The Premises is intended for installation, maintenance, and replacement of storm sewer 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 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. [Signatures on following page] 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. MCDONALD'S CORPORATIONi CITY OF WATERLOO, IOWA B t Y• By: �,, Quentin M.Hart,Mayor Titl 1 - i woe U I/ Attest: Kelley Felchle, y Clerk STATE OF ILLINOIS ) )ss. COOK COUNTY ) Y Ac owled before me on g(e(�nl e,�' ,2025,by Q u a IC f 1Of1D as i>//f,U' ?(- Dread of McDonald's Corporation. Llama —--— Notary Public 1 OFFICIAL SEAL Tamara L Salinas STATE OF IOWA ) ( NOTARY PUBLIC,STATE OF ILLINOIS Commission No.747634 ) ss. I My Commission Expires April 4,2027 BLACK HAWK COUNTY ) — —-� — — Acknowledged before me oCMt,be 2025,by Quentin M.Hart and Kelley Felchle as Mayor and City Clerk 'vely,of the City of Waterlo owa. Not Pu 6%v ' � BRITNI C PERKINS z COMMISSION NO.845529 * * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 EXHIBIT"A" Legal Description PART OF LOT 39 IN GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 39; THENCE SOUTH 89°45'58"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 39,A DISTANCE OF 10.60 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°45'58"EAST ALONG THE NORTHERLY LINE OF SAID LOT 39,A DISTANCE OF 19.40 FEET;THENCE SOUTH 00°11'39"WEST, 8.00 FEET;THENCE NORTH 89°45'58"WEST, 19.40 FEET;THENCE NORTH 00°11'39"EAST,8.00 FEET TO THE POINT OF BEGINNING. CONTAINING 155 SQUARE FEET. Exhibit "B" PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: MC DONALDS CORPORATION COUNTY PARCEL:891336479001 Oanees Address 110 N.Carpenter St. PROJECT PARCEL: 302 Attn.Director-US Le9N(0140062) Carew IL 60607 PROPERTY ADDRESS: 1709 LA PORTE RD WATERLOO,IA 50703 589°45'560E S89°45'58"E 30aoc 19.40' PLYMOUTH AVENUE(60') POB NIT LINE LOT 39 (99') (92') 500°11'39"W 8.00' N001.1'39'E i 8.00' N89°45'S8"W .� 19.40' PERMANENT EASEMENT CONTAINS 155 SF (40') PROJECT PARCEL302 0 GARDEN PLACE LU 5 • • • (11, (55.7') (132') LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N90°00'00°E 0.00' MEASURED DIMENSION (111 RECORD DIMENSION SCALE IN FEET 0 50 100 REFERENCE DOCUMENT CLD-547-688 MMIIN= /I-COM 1"=50' /�� SHEET 1 OF 2 Exhibit "B" Continued PERMANENT EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: MC DONALDS CORPORATION COUNTY PARCEL:891336479001 Owners Address PROJECT PARCEL: 302 110 N.Carpenter St Atin-.Director-US Legal(014-0062) Chicago,IL 60607 PROPERTY ADDRESS: 1709 LA PORTE RD WATERLOO,IA 50703 DESCRIPTION;PERMANENT EASEMENT PROJECT PARCEL 302 PART OF LOT 39 IN GARDEN PLACE,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE NORTHWESTERLY CORNER OF SAID LOT 39; THENCE SOUTH 89°45'58"EAST(ASSUMED BEARING FOR THE PURPOSE OF THIS DESCRIPTION)ALONG THE NORTHERLY LINE OF SAID LOT 39,A DISTANCE OF 10.60 FEET TO THE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°45'58"EAST ALONG THE NORTHERLY LINE OF SAID LOT 39,A DISTANCE OF 19.40 FEET;THENCE SOUTH 00°11'39"WEST,8.00 FEET;THENCE NORTH 89°45'58"WEST,19.40 FEET; THENCE NORTH 00°11'39"EAST,8.00 FEET TO THE POINT OF BEGINNING. CONTAINING 155 SQUARE FEET. AECOM SHEET 2 OF 2 Exhibit "C" ADDENDUM As a condition of granting this Easement, Grantee agrees to the following covenants, which are made a part of this Agreement: 1. Grantee agrees to keep the utility line(s) in good repair and further agrees to maintain Grantee's installations on the Premises at Grantee's sole cost. 2. Grantee will perform the installation, repair, maintenance, and replacement of Grantee's installations ("Grantee's Work") in such a manner so as to not unduly disrupt the operation of the business on the Premises. Grantee will separate the Easement Area by cones or other appropriate construction safety barriers while Grantee performs Grantee's Work, and will not block or interfere with the access drives or drive-thru lanes on the Premises. 3. Grantee will not park on or store any construction vehicles, equipment or materials overnight in the Easement Area or on the Premises. Grantee will not move, remove, or demolish any of Grantor's signs, access drives, curbing or other improvements located within the Easement Area or elsewhere on the Premises unless agreed to in writing by Grantor. 4. Grantee agrees to indemnify, defend and hold Grantor harmless against any and all claims, liability and costs (including, but not limited to reasonable attorneys' fees and costs) for any and all injuries to persons and for any and all damage to property occurring as a result of Grantee's failure to safely and properly maintain Grantee's installations on the Premises. 5. Grantee will perform all of Grantee's Work at its sole cost and expense, and will not allow any mechanics' or other lien to be placed on Grantor's Property. If any lien arises, Grantee will fully discharge the lien at its expense no later than 15 days after the lien is filed and will promptly send written notice to Grantor, along with a copy of the recorded release or other proof in a form acceptable to Grantor that the lien was discharged.