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Home My WebLink AboutWTT Properties, LC - Permanent Sanitary Sewer Easement Agreement - 2.16.2026 Prepared 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 Ceb r'v._.czy‘i\ t , 2026 by and between the City of Waterloo, Iowa ("Grantee") and WTT PROPEIrTIES,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 3 ^ 'may .�, � .. - - 1 -_.._ ..��,,.,r„�.�.P._..�eT-:-_-.r�_�__.__y—.� _-.. '- '� ... __ tee.:� __ _ \�, __- ,...t-__ 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. RTIES,LC By: Title: 1*6)S frg- STATE OF :CO ) ss. 1- 1ac-k 1-10,4A)-K COUNTY) Acknowledged before me on 30 ,2026,by ea-t-- as CjL¢_/3__cA DIA t of WTT PROPERTIES,LC. I` . 7t1'ti.eA_1 -(A-, Notary Public �.� SANDRA K.EMER ON 2 Commission Number$UQ 4 My Commission Spire ow October 7,202i 2 CITY OF WATERLOO, IOWA By: Attest: David Boesen,Mayor Kell Felchle, City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY) Acknowledged before me on '''-��`� '18 ,2026, by David Boesen and Kelley Felchle as Mayor and City Clerk, resevely, of the City of Waterloo, Iowa. Not Public 1/ f , iri +,• :. �. } :.. • 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 Lot 5 Description: Mid Port America Park Plat No.1 Waterloo,Iowa Requestor: City of Waterloo EXHIBIT "B" Proprietor: WTT Properties LC Surveyor: William W.Castle Surveyor City of Waterloo Engineering Department Company: 715 Mulberry Street,Waterloo,IA 50703 Return To: 715 Mulberry St,Waterloo,IA 50703 291-4312 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. Tract"I"Mid Port Fd.1/2"rebar w/yellow ID cap America Park Plat No. I "Iowa 5033" (typical) r - — J • 13 a Lot 13 Lot 5 w m t Mid Port America I Mid Port America o o p Park Plat No. 2 Park Plat No. 1 0 o Ca./I, 10'Platted Utility I o .� /T Easement Q Z Z 30'Platted Utility , � Easement /I1/ / o, 0 0 us N ch 02 34.02' 457.73'S 89°13'46"E S m"sl'07'E 1\ 30.01' 3�c� 34' ii, N 89°t 3'46'E (N 90•00'00^N).- \ 457.73'N 89°13'46"W t —1 • \ —I� \ �soot' 497.75'N 89'13'45"W \ N 00°57'C7"Vi - (497.83'N 88.14'49•W)' 30'Platted Utility 14'Electric Easement _ Easement Ease Bk 5,Pg 436 CN Railroad 100 ft Right-of-Way 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). L1 I hereby certify that this surveying document was prepared 2. All dimensions are in US Survey feet and decimals thereof. F�5°°°°lat'A z.1111 and the related survey work was performed by me or under 3. Easement area:15,563 square feet(0.36 acres) f tO°°. °°9.1,'1r my direct personal supervision and that I am a duly licensed Q ° " r1 Land Su a or nder th ws of the State of Iowa. '.o ° °°WILLIAM N� y Plat Legend: i N o w. ° ^.i �(4 • Found Monument 1.z ° CASTLE :m S �' f ///�2� A Found Section Comer Monument I,% 19715 >°p7S William W.Castle,PLS Date O Set 5/8"x 24"Rebar w/Blue 11 ° " License Number 19715 Cap"Iowa-19715" 0 40 80 1 •°•!....**t1t,\\`i W ` -- My License Renewal Date is December 31,2025. (1234451 Record r Measurementen II Pages or sheets covered by this seal: // Scale:1 inch=80 feet % Mid Port America Plat No.1 City of Waterloo Engineering Department Drawn By:WWC Scale:1"=80' Sheet No. 715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date: i of I Phone:(319)291-4312 Fax:(319)291-4262 Date Drawn:12-19-2025 — — EXHIBIT "B" CONTINUED L CONT t.-FT 2026 EW Warp Storm S.+nary And Wner,E.xemer.E0.4 PIO..deep 1,7rz026 1:E3 PM — Y z I IN m = 1 2 D ° f —I_ 0 I— ' 73 r O \, M M iM M M 1 _ 0 m 1 m :\y m \ moZ - i I Ll Z \-\_:) A • -,m .� 1 r `1 V- / 1 E) Qi w 1 0 C\ D 0 a X>x , O m H v m CO — o 0 o 1 S /'---1 as 5 � V —Nvs. m A m O 1 A N m ,t ( (Dmn O m N 5 A I. rpm mtea F _ AIRPORT BLVD o CITY OF WATERLOO,IOWA of wATF com ENGINEERING DEPARTMENT 4� m PARCEL IMPACT DIAGRAM WTT PROPERTIES LC f x= T75 MULBERRY STREET ': �,�c —m WATERLOO,IOWA 50703 CONTRACT#1138 (319)291-4312 PHONE 3105 AIRPORT BLVD Ab e° 'N^ (319)291-262 FAX n n �s 1Vt7'�