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Home My WebLink AboutWTT Properties, LC - Permanent Sanitary Sewer Easement Agreement - 2.16.2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT SANITARY SEWER EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of deb , 2026 by and between the City of Waterloo, Iowa ("Grantee") and WTT PROPEJ TIES, LC ("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 plat and parcel impact diagram attached hereto as Exhibit `B". 2. Purpose. The Premises is intended for the WARP Storm and Sanitary Sewer Extension Project. See Exhibit `B" for the Easement details. 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, or as shown in the construction plans. 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. Maintenance. Pursuant to City of Waterloo ordinances, Grantor shall be solely responsible for maintaining the Easement. 1 6. 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. 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. Title: 1*61 Sf�l( STATE OF -I- D wc- ) ) ss. 1-1ac-k 1-10,4Ay-K COUNTY) Acknowledged before me on 1Q, 30 , 2026, by eL±L as CA_L/3-c-,( au t of WTT PROPERTIES, LC. "' `.. SANDRA K. EMER$ON 2 F Commission Number NOON My Commission Spins October 7, 202i itt,t4,_0_ StIrLeA_11-(A-, Notary Public 2 • .. ----- .....- 111011113 .X 11111111, ARG4A2 ,•es.s iedmail ,,omi to:" arigroletirtm,.).04 ' • i ,T 114.,1:10 -. 1 . 0.021/1......••••••.,•00001•1401.....4. .......- CITY OF WATERLOO, IOWA By: /�" ""elf... L,"‘------ David Boesen, Mayor STATE OF IOWA ) ) ss. Attest: KellFelchle, City Clerk BLACK HAWK COUNTY ) Acknowledged before me on 10 18 , 2026, by David Boesen and Kelley Felchle as Mayor and City Clerk, rest pevely, of the City of Waterloo, Iowa. 3 ; .4v - EXHIBIT "A" Legal Description An easement for the installation and maintenance of sanitary sewer over, under, across, and upon the South 64 feet of Lot 5, Mid Port America Park Plat No. 1, City of Waterloo, Black Hawk County, State of Iowa. 4 Index Legend Location Description: Lot 5 Mid Port America Park Plat No.1 Waterloo, Iowa Requestor: Proprietor: Surveyor: City of Waterloo WTT Properties LC Surveyor Company: Return To: William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 291-4312 EXHIBIT "B" Plat of Sanitary Sewer Easement Lot 5, Mid Port America Park Plat No. 1 City of Waterloo, Black Hawk County, Iowa Sanitary Sewer Easement Description: An easement for the installation and maintenance of sanitary sewer over, under, across, and upon the North 34 feet of the South 64 feet of Lot 5, Mid Port America Park Plat No. 1, City of Waterloo, Black Hawk County, State of Iowa, excepting the East 30 feet and West 10 feet thereof. Lot 13 Mid Port America Park Plat No. 2 / X 10' Platted Utility Easement 34 C2 r:(N 3'OO'OO'W Tract "I" Mid Port America Park Plat No. 1 Lot 5 Mid Port America Park Plat No. 1 30' Platted Utility Easement 457.73' S 89°13'46" E 34' 457.73' N 89°13'46" W 30' Platted Utility Easement 497.75' N 89'13'45" W (497.83' N 88°14'49" W)" CN Railroad 100 ft Right -of -Way 14' Electric Easement Ease Bk 5, Pg 436 • Fd. 1/2" rebar w/yellow ID cap *Iowa 5033" (tYPice9 34.02' S 00°57.07 E 30.01' N 89°13'46" E 3001' \ - N 00°57'07" 7/ t111 9,, 1r I hereby certify that this surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am a duly licensed _ Lt F,5° ° ° ° ,q, 'O °° °°° Q ° u ° � ° CASTLE i z CASTLE " � , Gyr e �' Land Su eyor der th /Y�'WF�/ ws of the State of Iowa. j� S/ZO� rr/°°° 19715 0•°b�'�� William W. Castle, PLS Date 11 *°O°°pio ° License Number 19715 t1t�ie�+i p.°*= My License Renewal Date is December 31, 2025. \ ‘,.�,..... � Pages or sheets covered by this seal : / // Survey Notes: 1. The Bearings shown on this survey are derived from GPS observations using the Iowa State Plane Coordinate System, North Zone, NAD 83 (2011). 2. All dimensions are in US Survey feet and decimals thereof. 3. Easement area: 15,563 square feet (0.36 acres) Plat Legend: • Found Monument A Found Section Corner Monument O Set 5/8" x 24" Rebar w/Blue Cap "Iowa - 19715" (123.451 Record Measurement 123.45' Field Measurement Mid Port America Plat No.1 40 80 Scale: 1 inch = 80 feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: 1" = 80' Field Work Date: Date Drawn: 12-19-2025 Sheet No. 1 of 1 L �CDM 1102. FY 2026 EW Waip Storm Sl t. nna Wner,Eexenronn1E6A PIN .amp 1,2,2026142 PM EXHIBIT "B" CONTINUED AVS .17 Z. ands"1IVa MEN 3 M 001131VM 3O ula z� M M [J r 1 7 � 1 1 AO ym m N —1 y� D Z an18 1210d2ilt/ Sol£ CITY OF WATERLOO, IOWA ENGINEERING DEPARTMENT 715 MULBERRY STREET WATERLOO, IOWA 50703 (319) 291-4312 PHONE (319) 291-0262 FAX m(I) xm bm m PARCEL IMPACT DIAGRAM CONTRACT #1138 AIRPORT BLVD WTT PROPERTIES LC 3105 AIRPORT BLVD i OF W 44 AO 3