HomeMy WebLinkAboutUNITED CONCRETE, INC. - Permanent Drainage and Storm Water Easement Agreement - 2.16.2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319)
291-4366
PERMANENT DRAINAGE AND STORM WATER EASEMENT AGREEMENT
This Permanent Easement Agreement (the "Agreement") is entered into as of
CeADruat- 1 b , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
UNITED CONCRETE, INC. ("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.
UNITED CONCRETE, INC.
STATE OF t'OW 1\ )
) ss.
-PDV\ atK COUNTY)
Acknowledged before me on
as
STATE OF IOWA
BLACK HAWK COUNTY )
Acknowledged before me on
Kelley Felchle as Mayor and City
By:
Attest:
CITY OF WATERLOO, IOWA
David Boesen, Mayo
Kelley 1ch1e, City Clerk
niACIV l,l "NV 1 2026, by ?Alan Ian \ u,Ul\%1;4
of UNITED CONCRETE, INC.
) ss.
L4 , NANCYANNE 1�lr= "','
r s, C'' 'MISSION NO.8538t
ire., I r.. o=MISSION EXPIRr
,k _L.,t•
\\ 1,0\ vt.
Notary Public
4y
KARLA J. MORRISON
Z P Commission Number 839620
' M om fission Expires
5'111 2Z
OWP
, 2026, by David Boesen and
Clerk, respectively, of the City of Waterloo, Iowa.
2
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t.
4-38'48
EXHIBIT "A"
Legal Description
An easement for the construction and maintenance of drainage and storm water improvements
over, under, across, and upon the East 25 feet of that part of the East Half (E 1/2) of the
Northwest Quarter (NW 1/4) of Section 8, Township 89 North, Range 13 West of the 5th Principal
Meridian, lying North of the Northerly line of the property described in Deeds Book 505 Page 831,
except the East 300 feet of the North 1320 feet thereof, and also expect that portion conveyed to
Basic Materials Corporation per Warranty Deed record in Land Deed Book 565, Page 837, in City
of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows:
Commencing at the Northeast corner of the NW 1/4 corner of Section 8;
thence South 88°56'27" West along the North line of said NW 1/4, 300.00 feet to the West line of
the East 300 feet of said NW 1/4;
thence South 01°08'08" East along said West line 33.01 feet to its intersection with the South
Right -of -Way line of West Airline Highway, being the Point of Beginning for this description;
thence continuing South 01 °08'08" East along said West line 388.00 feet to the Northeast corner
of Parcel "B" of the NW 1/4, Parcel "B" being that portion conveyed to Basic Materials
Corporation in Land Deed Book 565 Page 837;
thence South 88°56'41" West along the North line of said Parcel "B" 25.00 feet;
thence North 01 °08'08" West along a line that is 25 feet normally distant to and parallel with the
said West line of the East 300 feet 388.00 feet to the South Right -of -Way line of West Airline
Highway;
thence North 88°56'24" East along the South Right-of-way line 25.00 feet to the Point of
Beginning containing 9,700 square feet.
3
Index Legend
Location
Description:
East Half, Northwest Quarter (E 1/2, NW 1/4)
Sec. 8, T89N, R13W
Waterloo, Iowa
Requestor:
Proprietor:
City of Waterloo
United Concrete, Inc
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 Drainage & Storm Water Easement
East Half, NW 1/4, Sec. 8, T89N, R13W of the 5th PM,
City of Waterloo, Black Hawk County, lowa
Drainage Easement Description:
An easement for the construction and maintenance of drainage and storm water improvements over, under, across,
and upon the East 25 feet of that part of the East Half (E 1/2) of the Northwest Quarter (NW 1/4) of Section 8,
Township 89 North, Range 13 West of the 5th Principal Meridian, lying North of the Northerly line of the property
described in Deeds Book 505 Page 831, except the East 300 feet of the North 1320 feet thereof, and also expect that
portion conveyed to Basic Materials Corporation per Warranty Deed record in Land Deed Book 565, Page 837, in City
of Waterloo, Black Hawk County, State of Iowa, more particularly described as follows:
Commencing at the Northeast corner of the NW 1/4 corner of Section 8;
thence South 88°56'27" West along the North line of said NW 1/4, 300.00 feet to the West line of the East 300 feet of
said NW 1/4;
thence South 01'08'08" East along said West line 33.01 feet to its intersection with the South Right -of -Way line of
West Airline Highway, being the Point of Beginning for this description:
thence continuing South 01 °08'08" East along said West line 388.00 feet to the Northeast comer of Parcel "B" of the
NW 4, Parcel "B" being that portion conveyed to Basic Materials Corporation in Land Deed Book 565 Page 837;
thence South 88°56'41" West along the North line of said Parcel "B" 25.00 feet;
thence North 01 °08'08" West along a line that is 25 feet normally distant to and parallel with the said West line of the
East 300 feet 388.00 feet to the South Right -of -Way line of West Airline Highway;
thence North 88°56'24" East along the South Right-of-way line 25.00 feet to the Point of Beginning containing 9,700
square feet.
I hereby certify that this surveying document was prepared
and the related survey work was performed by me or under
my direct personal supervlslon and that i am a duty licensed
Lalndd Sur eyor u r the laws of the State of lows.
ll f/Gf7m /, i77/zKleuzC
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2025
Pages or sheets covered by thle seal : !>rZile---
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Survey Notes:
1 The Bearings shown on this survey are derived from GPS observations
using the Iowa Stale Plane Coordinate System, NotiS Zone, NAD 83
(2011).
2. All dimens ons are'n US Survey feet and decimals thereof.
3- Easement area: 9,700 square feet.
Drawn By: WWC Scale: 1" = 200'
Field Work Date: 7-30-2025
Date Drawn:11-24-2025
Sheet No.
1 of 2
East 1/2, NW 1/4, Sec. 8, T89N, R13W of the 5th PM,
City of Waterloo, Black Hawk County, Iowa
33.01' (33.0')
S 01'08'08" E
25.00'
W Airline Hwy N 88°56'24" E
86 f .. public Righf-of--Way
2366.85' N 88'56'27" E (2386.78 N 90°00'00- Er
North Line NW 1/4. Sec. 8, T89N, R13W
Fd. #4 rebar
w/yellow ID cap
"Iowa - 8033"
(typical unless noted)
EXHIBIT "B" CONTINUED
Retum to William Castle, PLS, 715 Mulberry St, Waterloo, IA 50703 (319) 291.43'2
Plat of Drainage & Storm Water Easement
NW Corner
Sec. 8, T89N, R13W,
Fd. #5 rebar In PCC
Per Doc. #2015-07526
m
a
m
5
3
Plat Legend:
Found Monument
A Found Section Comer Monument
0 Sot 618' it 24' Rebar w/Blue
Cep 'Iowa -19715'
n2315t Record Measurement
123As Field Measurement
k Survey Mac Bk 314 Pg 255
1033.25' N 88'56'24" E
(1033.39' N 90'00'00" Er
Unplatted NW 1/4,
Sec. 8, T89N, R13W
CLD Bk 675 Pg 915
1033.23' N 88'56'41" E
(1033.33' N 90'00'00" Er
150 ft private access,
facility. and utility easement
per LD 8k 565 Pg 837
Parcel "B", NW 1/4,
Sec. 8, T89N, R13W
Misc Bk 314 Pg 255
LD Bk 565, Pg 837
1033.44' N 87°27'58" E
(1033.50' N 88'31'51' E)
Fd. #4 rebar
w/yetktw ID cap
'Iowa - 8033'
Top la 10' above ground
and 1.1' East of Ana
3.01' S 01'08'08' E
(2.99' S 00°04'23"
US Hwy 218
Variable width public Right -of -Way
Deed Bk 505 Pg 836
0 100
200
A Scale: 1 inch = 200 feet
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Point of Commencement
N 1/4 Comer
Sec. 8, T89N, R13W,
Fd. #4 rebar In PCC
Per Misc Bk 344 Pg 129
300.00'
S 88°56'27" W
300.00' (300')
POB
East 300' of the
North 1320'
NW 1/4, Sec. 8,
T89N, R13W
25.00'
S 88°56'41' W
33.01' (33.0')
N 01'17'51' W
FD. 04 rebar
w/orange ID cap
— "Iowa - 16264"
116.57' N 88'58'00" E
(116.58' N 90'00'00" Er
1281.92' N 01'13'1T
185.51' Fd. IDOT
N 87'25'50" E railroad rail
116.58' N 87'29'21" E
(116.61' N 88'31'51" Er
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations
using the lows State Plane Coordinate System, North Zone, NAD 83
(2011)
2. All dimensions are In US Survey feet and decimals thereof.
3. EaaemeM area: 9,700 square feet.
Drawn By: WWC Scale: 1" = 200'
Field Work Date: 7-30-2025
Date Drawn:11-24-2025
Sheet No.
2 of 2
EXHIBIT "B" CONTINUED
L\CONT 1138 • FY 2026 EDA Wary Stan Sanaary And Wate,lEaumenUIEDA PIMA, 12.2025 1 37 PM
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
UNITED CONCRETE, INC
3553 W. AIRLINE HWY