HomeMy WebLinkAboutPETCOR NA CORP - Permanent Utility Easement Agreement - 2.16.2026Prepared 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
By:
Title: Asrf - 1 / ee-1
STATE OF TjotAD
ss.
un( COUNTY)
.s L a TERESA VANSICKLE
$t Commission Number 778806
My Commission Expires
June 7, 2028
Acknowledged before me on - S0 -Y1 % rld , 2026, byre v QS . IJ CI VtS; l e,
as Ste_ ✓r? A-0..r�
of PETCOR NA CORP
Notary Public
2
1.
34>i31214AV ART
ladsnulfl ritY,Itatf ni-fi;.,C,
I Kniqx3 notesitnino:)yM
UK a% $rtuL
CITY OF WATERLOO, IOWA
By: /1.%
David Boesen, Mayor
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on`V-6a , 2026, by David Boesen and
Kelley Felchle as Mayor and City Clerk, respe • e1y, of the City of Waterloo, Iowa.
Attest:
elley Fe1 y'` e, City Clerk
3
: 11: `s ay' try
WAlcr'.1; .8WIK.S; P11.'r I*
Index Legend
Location
Description:
Parcel "G" SW 1/4
Sec. 3, T89N, R13 W
Waterloo, Iowa
Requestor: City of Waterloo
Proprietor: Petcor NA Corporation
Surveyor: William W. Castle
Surveyor
Company:
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
Return To: 715 Mulberry St, Waterloo, IA 50703 291-4312
EXHIBIT "B"
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 corner 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.
I I
/Ptd 2E0 ry
Sewer lateEasement
Fd. cut "X" in PCC
NW Comer
SW 1/4 SW 1/4,
Sec. 3, T89N, R13W
Per Doc. #2019-08163
65.02' (65'r
Lot 8, Petcor Add.
POB
Fd. V2" rebarw/yellow
ID cap "Iowa 9961"
400.05' N 88°45'22" E
(400')0 (N 89°55'09" E)% — — — -� —
Platted 50'
Utility Easement'
30.09' Platted 4Drainage
S 88°45'22" W
Easement
11
335.03' (335')0
(334.56')%
Tract "A"
Misc Bk 303 Pg 904
60.17'
S 00°16'36" W
North end of ex.
Utility Easement
20.17'
N 88°42'40" E
59.89'
S 00°12'04" W
/ Fd.1"
open pipe
Tract "B"
Misc Bk 303 Pg 904
334.78' N 88°42'33" E
(335.06')°
1/ 1
Fd. 1/2" rebar
w/damage ID cap ip
Fd. 1/2" rebar in PCC
SW Comer. SW 1/4,
Sec. 3, T89N, R13W
Per Misc Bk 332 Pg 110
(2654.35' N 88°42'40" Er
South line SW 1/4, Sec. 3 T89N, R13W
SE Comer, SW 1/4,
Sec. 3, T89N, R13W
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
Land Surveyor under thex laws of the State of Iowa.
William W. Castle, PLS
License Number 19715
My License Renewal Date is December 31, 2025.
Pages or sheets covered by this seal
zi/u/Ld 2�
1f Date
120.04'
N00°12'04"E
Parcel "G"
SW 1/4, Sec. 3,
T89N, R13W
Doc.#2009-20473
10.00'
N 88°45'22" E
Ex. Utility Easement
Misc Bk 168 Pg 39
North 572' of the South 1270'
of the East 20' of the West 420'
SW 1/4 Sec. 3, T89N, R13W
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. Permanent Easement area: 2,411 square feet.
Plat Legend:
• Found Monument
♦ Found Section Corner Monument
Set 5/8" x 24" Reber w!Blue
Cap "Iowa - 19715"
(12345') Record Measurement
12345' Field Measurement
# Survey Misc Bk 303 Pg 904
Survey Doc. #2009-20473
8 Survey Doc. #2019-11406
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: 12-10-2025
Sheet No.
1 of 1
EXHIBIT "B" CONTINUED
L. 1CONT I1]8-F5 2026 ESA Wary Swim Sanbry And Wale,EasewenwlEOA FlO&Mq 1211220251]9 PM
WAGNER RD
x
42J 13NE M bbZ£
NIVW a31VM ONII.SIX3
1N31N3SV3 A111110 03SOdOiid
NIVW 2131VM O3SOdO21d
w
dbOO VN 1O013d
42:1 2:13NDVM 2ZEE
CITY OF WATERLOO, IOWA
ENGINEERING DEPARTMENT
715 MULBERRY STREET
WATERLOO, IOWA 50703
(319) 291.4312 PHONE
(319) 291-4262 FAX
PARCEL IMPACT DIAGRAM
CONTRACT #1138