HomeMy WebLinkAboutUNITED CONCRETE, INC. - Permanent Drainage and Storm Water Easement Agreement - 2.16.2026 Prepared 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
�e�rv�ar 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.
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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. CITY OF WATERLOO, IOWA
(L-
By: `( ", By: �p'1y-1----
David Boesen, Mayo
Title: 1`C..-51k- Attest: /1,8 ..,
Kelley lchle, City Clerk
STATE OF t'OV./ k )
)ss.
?01NCSYlI-CK COUNTY)
Acknowledged before me on, ht (,` 'J 12026, by an ���,��(,(,}1`
as J
of UNITED CONCRETE,INC.
,......:K(t0\
. /\ \\\00\a( `v'
Notary Public
,.9,,A(S„, KARLA J. MORRISON
z -• Commission Number 839620
STATE OF IOWA ) .' M om1
1 fissifo'n Expires
) ss.
BLACK HAWK COUNTY)
Acknowledged before me on P11")(1, x\c ( ? , 2026, by David Boesen and
Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
No ublic /`�
NANCYANNE 1-11<="','
r s,C''MMISSION NO.8538t . 2
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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.
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Index Legend
Location East Half,Northwest Quarter(E 1/2,NW 1/4)
Description: Sec.8,T89N,R13W
Waterloo,Iowa EXHIBIT "B"
Requestor: City of Waterloo
Proprietor: United Concrete,Inc
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 Drainage & Storm Water Easement
East Half, NW 1/4, Sec. 8, T89N,R13W of the 5th PM,
City of Waterloo, Black Hawk County,Iowa
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 01e08'08'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 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
ryF�EE''It.t„q°(yttl and the related survey work was performed by me or under
,7� �,•°° >�°^y4 tit my direct personal supervlslon and that i am a duty licensed
c, WILLIAM ° u,i1 Land Surveyor u r the laws of the State of lows.
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J/ Survey Notes:
CASTLE a rim / / yla.y r' 1. The Bearings shown on Ills survey are derived from GPS observations
fart . 19775 ° 0/ William W.Castle,PLS III Date using the Iowa Stale Plane Coordinate System,North Zone,NAD 83
tl * u°.° ° ��" License Number 19715 (2011).
ies-5 it)W'\ }— My License Renewal Oats is December 31,2025 2. All dimensons are'n US Survey feel and decimals thereof.
Pages or sheets covered by this seal: /t ,/ 3. Easement area:9,700 square feet.
City of Waterloo Engineering Department Drawn By:WING Scale:1"=200' Sheet No.
715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date:7-30-2025 Of 2
Phone:(319)291-4312 Fax:(319)291-4262 Date Drawn:11-24-2025 -
EXHIBIT "B" CONTINUED
Return to William Castle,PLS,715 Mulberry St,Waterloo,IA 50703(319)291.4312
Plat of Drainage & Storm Water Easement
East 1/2,NW 1/4, Sec. 8, T89N, R13W of the 5th PM,
City of Waterloo,Black Hawk County,Iowa
Point of Commencement
33.01'(33.0') N 1/4 Corner
NW Corner S 01'08'08"E Sec.8.T89N,R13W,
Sec.8,T89N,R13W, Ft#4 rebar In PCC
Fd.#5 rebar In PCC 25.00' Per Misc Bk 344 Pg 129
Per Doc.#2015-07526 W Airline Hwy N 88'56'24"E
86 ft.public Right-of-Way 300.00'
2386.85'N 88°56'2T E(2988.78 N 90°00'00'Er Y S$8'S6'2T_W ; 33.01''51"
NO Line NW(1 1/4.033.3 Sec.9'N e,90 T89N'00'00,'Rt3wEr —0 �—
4 . 1033.25'N 88'56'24"E \\300.00'ar ) FD.#4 rebar
Fd.#4 rebar I ?� W �—POB _wlorange ID cap
to wlyellow ID cap M "Iowa-16264'
'Iowa-8033" co co
(typical unless noted) I co -
b S Unplatted NW 1/4, o —
z z Sec.8, T89N,R13W 0
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$ CLDBk675Pg915 / ar
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1033.23'N 88'5E41"E NW 1/4,Sec.8,
(1033.33'N 90'00'00"Er
T89N,R13W
w/yelknw ID cap 25.00'
150 ft private access, Iowa-8033' S 88'56'41'W °
facility.and utility easement Top Is 10•above ground
per LD 8k 565 Pg 837 and 1.1'East of Arm r„
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Misc Bk 314 Pg 255 mOD u
LD Bk 565,Pg 837 a
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116.5T N 88'58'00"E
(�(116.58'N 90'00'00"Er
3.01'S 01.08'08'E rjl
1033.44'N 87'27'58"E (2.99'S 00°04'23'Er��
(1033.50'N 88'31'51'Er 185.51' Fd.IDOT
218 N 87.25'50"E railroad rail
UV Hwy 116.58'N 87'2821"E
Variable width public Right-of-Way (116.61'N 86 31'51•Er
Deed Bk 505 Pg 836
Plat Legend:
• Found Monument Survey Notes:
A Found Section Comer Monument 1. The Beatings shown on this survey are derived from GPS observations
0 3et 5f8'x 24"Reber w/Blue A using the Iowa State Plane Coordinate System,North Zone,NAD 83
Cep'Iowa-18715' N 0 100 200 (2011).
na It) RecordM asu e Measurement IMiiial 2. All dimensions are In US Survey feet and decimals thereof.
m�s Field Measurement
k Survey Misc Bk 314 Pg 255 A Scale:1 inch=200 feet 3. Easement area:9,700 square feet.
City of Waterloo Engineering Department Drawn By:WWC Scala:1"=200' Sheet No.
715 Mulberry Street,Waterloo,Iowa 50703 Field Work Date:7-30-2025 2 of 2
Phone:(319)291-4312 Fax:(319)291 4262 Date Drawn:11-24-2025 — —
EXHIBIT "B" CONTINUED
L:,CONT,136•FY 2026 MAW,Stan Sanaary And Wate6Ezumentse.PIMA,.22025137 PM
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o CITY OF WATERLOO,IOWA of W 4Te
Ill y m ENGINEERING DEPARTMENT PARCEL IMPACT DIAGRAM 9,
x m C 715 MULBERRY STREET UNITED CONCRETE, INC
o Ti WATERLOO,IOWA 5070J CONTRACT#1138 •
(319)291-4312 PHONE 3553 W.AIRLINE HWY �` t.
'" (319)291-4262 FAX W.
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