HomeMy WebLinkAboutBMC Aggregates, LC - Permanent Easement Agreement - 2.16.2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street Waterloo, IA 50703 - (319) 291-4366
PERMANENT EASEMENT AGREEMENT
This Permanent Easement Agreement (the "Agreement") is entered into as of
br l to , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
BMC Aggre 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
drainage 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.
BMC AGGREGATES, LC
B
Title: fre_5;
STATE OF `0/4Jci..
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Acknowledged before me o
as pe Sl c(t,�
) ss.
COUNTY)
y,a , 2026, by A -if )/1" '
of BMC Aggr ates, LC.
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CITY OF WATERLOO, IOWA
By:
Attest:
Kelley!' elchle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY ) Acknowledged before me on t� r
S9ni (8, 2026, by David Boesen and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
Notary Public
NANCYANNE HIGBY
COMMISSION NO.853884
MY COMMISSION EXPIRES
2
hhe
Nota Public
EXHIBIT "A"
Legal Description
An easement for the construction and maintenance of drainage improvements over, under,
across, and upon that part of that portion of Parcel "B" of the Northwest Quarter (NW 1/4) of
Section 8, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo,
Black Hawk County, State of Iowa, 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 the NW 1/4, 300.00 feet to the West line of
the East 300 feet of the 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,
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;
thence continuing South 01 °08'08" East along said West line and the East line of said Parcel "B"
898.74 feet to the South line of the North 1320 feet of the NW 1/4 and the Point of Beginning of
this description;
thence North 89°07'47" East along said South line 104.96 feet;
thence South 02°41'17" East 0.30 feet to the North Right -of -Way line of US Highway 218;
thence South 87°29'21" West along the North Right -of -Way line 105.00 feet to the West line of
the East 300 feet of the NW 1/4;
thence North 01 °08'08" West along the West line 3.01 feet to the Point of Beginning containing
173 square feet.
3
Index Legend
Location
Description:
Parcel "B", NW 1/4
Sec. 8, T89N, R13W
Waterloo, Iowa
Requestor:
City of Waterloo
Proprietor:
Surveyor:
Surveyor
Company:
Return To:
BMC Aggregates, LC
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 291-4312
EXHIBIT "B"
Plat of Drainage Easement
Parcel 'B" of the 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 improvements over, under, across, and upon that part
of that portion of Parcel "B" of the Northwest Quarter (NW 1/4) of Section 8, Township 89 North, Range 13 West of
the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, 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 the NW 1/4, 300.00 feet to the West line of the East 300 feet of
the 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,
thence continuing South 01 °08'08" East along said West line 388.00 feet to the Northeast comer of Parcel "B" of the
NW 1/4;
thence continuing South 01 °08'08" East along said West line and the East line of said Parcel "B" 898.74 feet to the
South line of the North 1320 feet of the NW 1/4 and the Point of Beginning of this description;
thence North 89°07'47" East along said South line 104.96 feet;
thence South 02°41'17" East 0.30 feet to the North Right -of -Way line of US Highway 218;
thence South 87°29'21 " West along the North Right -of -Way line 105.00 feet to the West line of the East 300 feet of
the NW 1/4;
thence North 01 °08'08" West along the West line 3.01 feet to the Point of Beginning containing 173 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 supervision and that I am a duly licensed
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William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2025
Pages or sheets covered by this seal : 11 Z/L
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 State Plane Coordinate System, North Zone, NAD 83
(2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Easement area: 173 square feet
Drawn By: WWC Scale: 1" = 200'
Field Work Date: 8-04-2025
Date Drawn: 11-24-2025
Sheet No.
1 of 2
EXHIBIT "B" CONTINUED
Retum to William Castle, PLS, 715 Mulberry St, Waterloo, IA 50703 (319) 291-4312
NW Comer
Sec. 8, T89N, R13W,
Fd. #5 rebar in PCC
Per Doc. #2015-07526
Plat of Drainage Easement
Parcel 'B" NW 1/4, Sec. 8, T89N, R13W of the 5th PM,
City of Waterloo, Black Hawk County, Iowa
W Airline Hwy 33.01' (33.0')
66 ft. public Rightof-Way S 01'08'08" E
2366.85' N 88°56'27" E (2366.78 N 90°00'00" E)"
Fd. #4 rebar
w/yellow ID cap
"Iowa - 8033"
(typical unless noted)
3.01' S 01°08'08
(2.99' S 00°04'23" E)
Plat Legend:
• Found Monument
A Found Section Corner Monument
Set 5/8' x 24" Rebar w/Blue
0
Cap "Iowa - 19715"
(123..51 Record Measurement
123.45 Field Measurement
# Survey Mlsc Bk 314 Pg 255
North Line NW 1/4, Sec. 8, T89N, R13W
1033.25' N 88°56'24" E
(1033.39' N 90°00'00" El'
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" E)5
POB
"E
tt
Parcel "B", NW 1/4,
Sec. 8, T89N, R13W
Misc Bk 314 Pg 255
1033.44' N 87°2758" E
(1033.50' N 88°31'51" E)5
Part of
Parcel"B"
W
oD w
o
Co N
o0
0
§
(n rn
O o
O .6
• co
co 12-
r1
Fd.#4 rebar
w/yellow ID cap
"Iowa - 8033"
Top is 10" above ground
and 1.1' East of line
POB
See Detail "A"
US Hwy 218
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 33.01' (33.0')
N 01°1T51" W
K
Variable width public Right -of -Way
Deed Bk 505 Pg 836
Detail 'A":
South line of North 1320 feet
104.96' N 89°07'47" E
105.00' S 87°29'21" W
116.58' N 87°29'21" E
(116.61' N 88°31'51" Er
300.00' (300')
East 300' of the
North 1320'
NW 1/4, Sec. 8,
T89N, R13W
a
FD. #4 rebar
w/orange ID cap
- "Iowa - 16264"
East line
1281.92' N 01'13'17" W
185.51' Fd. IDOT
N 87°25'50" E railroad rail
0.30'
S 02°41'17" E
11.59'
N 89'07'47" E
11.58'
N 87°29'21" E
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
0 100 200 (2011).
2. All dimensions are in US Survey feet and decimals thereof.
Scale: finch = 200 feat 3. Easement area: 173 square 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" = 200'
Field Work Date: 8-04-2025
Date Drawn:11-24-2025
Sheet No.
2 of 2
EXHIBIT "B" CONTINUED
L'COW",I3d Fr20.5EDA Warp Swan Senn, Mn WJtelTsxmintsNEDA RN Oup 12/1020259.03AN
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