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Home My WebLink AboutPETCOR NA CORP - Permanent Utility Easement Agreement - 2.16.2026 Prepared by Tim Andera,City of Waterloo,715 Mulberry Street, Waterloo,IA 50703 Phone(319) 291-4366 PERMANENT UTILITY EASEMENT AGREEMENT This Permanent Easement Agreement (the "Agreement") is entered into as of Tebr r Ib , 2026 by and between the City of Waterloo, Iowa ("Grantee") and PETCOR NA C RP("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 the parcel impact diagram attached hereto as Exhibit`B". 2. Purpose. The Premises is intended for the W.A.R.P. Subdivision Water Main Improvements 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. PETCOR NA CORP Title: Asrf- 1 / e6( L.. TERESA VANSICKLE I It Commission Number 778806 STATE OF To «-- ) My Commission Expires SS.n June 7,2028 l�r u n a 13 COUNTY) Acknowledged before me on -,0.Y1 rld , 2026, by e veSa IJCI vkS�Ql L as StC✓r?�-Q Y of PETCOR NA CORP Notary Public 2 • _ 34)131214AV Ac..:-..1R3T .4 1 ledsnul4 nor )4;9 I Kniqx3 notesitnino:11yM • • SIMS $rtuL • CITY OF WATERLOO, IOWA By: Attest: David Boesen,Mayor elley Fel e,City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY) Acknowledged before me on6 a ,2026,by David Boesen and Kelley Felchle as Mayor and City Clerk,respe • ely, of the City of Waterloo, Iowa. rY4 d NANCY ANNE HIGBY Not ublic COMMISSION NO. WIRES* * MY COMMISSION /ow►. 3 4 f ,)`t Index Legend Location Parcel"G"SW 1/4 Description: Sec.3,T89N,R13 W Waterloo, Iowa Requestor: City of Waterloo Proprietor: Petcor NA Corporation EXHIBIT "B" 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 Utility Easement Parcel"G"SW 1/4, Sec. 03, T89N, R13W of the 5th PM City of Waterloo, Black Hawk County, Iowa Utility Easement Description: An easement for the installation,maintenance,repair,and replacement of water,sanitary sewer,storm sewer,gas,electric,communication,and any other utilities over,under, across that part of Parcel"G"of the Southwest Quarter(SW 1/4)of Section 3,Township 89 North,Range 13 West of the 5th Principal Meridian,City of Waterloo.Black Hawk County,State of Iowa,and more particularly described as follows: Beginning at the Northwest comer of Parcel"G",said corner being the intersection of the North line of the Southwest Quarter of the Southwest Quarter of Section 3 and the East line of the West 400 feet of the Southwest Quarter of Section 3; thence South 00°16'36"West along the West line of Parcel"G"(also known as the East line of the West 400 feet of the Southwest Quarter),60.17 feet to the North line of the 20-foot utility easement recorded in Miscellaneous Book 168 at Page 39 in the Black Hawk County Recorder's Office; thence North 88°42'40"East along the North line of said Easement,20.17 feet to the East line of said Easement,said East line being the East line of the West 420 feet of the Southwest Quarter of Section 3; thence South 00'12'04"East along the East line of said Easement,59.89 feet to the South line of the North 120 feet of the Southwest Quarter of the Southwest Quarter of Section 3; thence North 88°45'22"East along said South line 10.00 feet to the East line of the West 430 feet of Southwest Quarter of Section 3; thence North 00°12'04"East along said East line 120.04 feet to the North line of the Southwest Quarter of the Southwest Quarter of Section 3; thence South 88°45'22"West along said North line 30.09 feet to the Point of Beginning containing 2,411 square feet. Fd.cut"X"in PCC POB I I NW Corner Lot 8,Petcor Add. Fd.1!2"rebar w/yellow ! / Platted 20'Sanitary 1 SW 1/4 SW 114, ID cap"Iowa 9961" / Sewer Easement Sec.3,T89N,R13W \ — Per Doc.#2019-08163 — — — n_ — Platted 50' 30.09' Platted 4 Drainage I 400.05'N 88°45'22"E Utility Easement' S 88°45'22"W Easement _ ——— (400')e(N 89°55'09"E)% —— __ y 335.03'(335')° /� 120.04' 65.02'(65') (334.56')� 60.17' i„/"--N 00°12'04"E S 00°16'36"W 1 North end of ex. __it.—— Parcel"G" Imo Utility Easement Tract"A" I F o I Misc Bk 303 Pg 904 20.17' SW 1/4,Sec.3, , T89N,R13W M w' 1... o, /il w N 88°42'40"E Dec.#2009-20473 Y.); o5 CD 0 59.89' I L< = C.. o S 00°12'04"W w 10.00' Z O 0) —2 N N v: - M I N 88°45'22"E 3 N r v c‘i Ex.Utility Easement i Tract"B" -"ssi-..�Misc Bk 168 Pg 39 I Misc Bk 303 Pg 904 North 572'of the South 1270' 1 of the East 20'of the West 420' 1 SW 1/4 Sec.3,T89N,R13W / Fd.1" 334.78'N 88°42'33"E Fd.1/2"rebar open pipe (335.06')° w/damage ID cap L i Fd.1/2"rebar in PCC Survey Notes: SW Corner.SW 1/4, SE Comer,SW 114, 1. The Bearings shown on this survey are derived from GPS Sec.3,T89N,R13W (2654.35'N 88°42'40"E)a Sec.3,T89N,R13W observations using the Iowa State Plane Coordinate System,North Per Misc Bk 332 Pg 110 South line SW 1/4,Sec.3 T89N,R13W Zone,NAD 83(2011). 2. All dimensions are in US Survey feet and decimals thereof. I hereby certify that this surveying document was prepared 3. Permanent Easement area:2,411 square feet. _-,..'irk,,�\ and the related survey work was performed by me or under Plat Legend: �go tO ep L z'ttttI my direct personal supervision and that I am a duly licensed • Found Monument °°1.� f State I SRO... ° rQ rf Land Surveyor under th laws o the e oowa. ♦ Found Section Corner Monument ;III Q ° WILLIAM a tP r/ / Set 5/8"x 24"Reber w.Blue i o: W. o A j �� /z�/U/Ld2� Q Cap"Iowa-19715" r Z,° CASTLE ;m, William W.Castle,PLS 11f Date (12345'l Record Measurement 'i;' °, 19715 °J� License Number 19715 123as Field Measurement 0 40 80 tit ° °-6 My License Renewal Date is December 31,2025. # Survey Misc Bk 303 Pg 904 it *°°°°°°°°°*, % Survey Doc.#2009-20473 Scale:1 inch=80 feet lit, /O W)P _— Pages or sheets covered by this seal: I// 8 Survey Doc.#2019-11406 +.mow City of Waterloo Engineering Department Drawn By:WWC Scale:1"=80' Sheet No. 715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date: i of 1 Phone:(319)291-4312 Fax: (319)291-4262 Date Drawn;12-10-2025 — EXHIBIT "B" CONTINUED L 1CONT I1]8-F5 2026 POO Wary Swim Sane,And Wale,EasewentMEOA FlO&MA 12HN10251.08 PM n ` D m Z WAGNER RD O 20 x w w N N) co A N 0 -1 D 0 m Z m � D m m � p 0 1 0 n m 0 20 D A N O z z O � m � o D C ti ti m - 2 a m - D m z ti W w w D� Z< O� C OO C 1j m =m Z L) ti N m H c-) 0 Z D C) 0 m n CITY OF WATERLOO,IOWA of WA TF m v, m ENGINEERING DEPARTMENT PARCEL IMPACT DIAGRAM PETCOR NA CORP , X= 715 MULBERRY STREET u ///o b m WATERLOO,IOWA 50703 CONTRACT#1138 891303351019 (319)291.4312 PHONE 6 j (319)291-4262 FAX