HomeMy WebLinkAboutBMC Aggregates, LC - Permanent Easement Agreement - 2.16.2026 Prepared 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 CITY OF WATERLOO, IOWA
By: By: /%14144-4----
David Boese ,Ma or
/'�Title: ���,. Attest: k //
Kelley'elchle, City Clerk
STATE OF `I�GJ� )
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,l ) ss.
c iS (le ac- COUNTY)
Acknowledged before me on yl tf a , 2026, by (14r'J 4/-i/•
r,l' 0 �`l
as t-•P S c(,[4 of BMC Aggr ates,LC. 3 Q � E9
/ * R g�o,��o10
Notary Public �i .,�A.. 4
STATE OF IOWA ) I, ro4,P
) ss.
BLACK HAWK COUNTY ) r
Acknowledged before me on t�io ni (8, 2026, by David Boesen and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo,Iowa.
H,,
....ALAI.. HIGBYNota Publi2 $.INANCYANNECOMMISSION NO853884
* — * MY COMMISSION&FIRES
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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 Parcel"B",NW 1/4
Description: Sec.8,T89N,R13W EXHIBIT "B"
Waterloo,Iowa
Requestor: City of Waterloo
Proprietor: BMC Aggregates,LC
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 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 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.
++ I hereby certify that this surveying document was prepared
.S. °°10°o C C9 11r and the related survey work was performed by me or under
Q-O; °o2Q Irr my direct personal supervision and that I am a duly licensed
e° WILL/AM ° N Lan Su Sor yrrder theof the State of Iowa.
�� . ^�; f{Y/( Survey Notes:
z ° CASTLE m S 4'/t�T.Jz,> 1. The Beatings shown on this surveyare derived from GPS observations
it J ° 19715 a(jr.." William W.Castle,PLS Date using the Iowa State Plane Coordinate System,North Zone,NAD 83
} ° °° -D,
ail*°° *_ License Number 19715 (2011).
r, O W A = My License Renewal Date Is December 31,2025, 2. All dimensions are in US Survey feet and decimals thereof.
Pages or sheets covered by this seal• /12 L 3. Easement area:173 square feet
City of Waterloo Engineering Department Drawn By:WWC Scale:1"=200' Sheet No.
715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date:8-04-2025 1 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 Easement
Parcel"B", NW 1/4, Sec. 8, T89N, R13W of the 5th PM,
City of Waterloo,Black Hawk County,Iowa
Point of Commencement
N 1/4 Corner
NW Corner Sec.8,T89N,R13W,
Sec.8,T89N,R13W, Fd.#4 rebar in PCC
Fd.#5 rebar in PCC Per Misc Bk 344 Pg 129
Per Doc.#2015-07526 VV Airline Hwy 33.01'
66 ft.public Rightof-Way S 01 1'(33.0')"E 300.00'
2366.85'N 88°56'27"E(2366.78 N 90°00'00"E)" 1 S 88°56'27"W_� 33.01''51"(33.0')
_ _ _ N 01°1T51"W
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North Line NW 1/4,Sec.8,T89N,R13W ♦--
/ 1033.25'N 88°56'24"E 300.00'(300') FD.#4 rebar
(1033.39'N 90°00'00"El' W _w/orange ID cap
Fd.#4 rebar o Iowa-16264"
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�\ 1033.23'N 88°56'41"E NW 1/4,Sec. 8,
(1033.33'N 90.00'00"E)° • T89N,R13W
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See Detail"A"
1033.44'N 87°2758"E
(1033.50'N 88°31'51"E)° 185.51' Fd.IDOT
USHwy 218 N 87°25'50"E railroad rail
Variable width public Right-of-Way
Deed Bk 505 Pg 836
Detail'A":
0.30'
POB S 02°41'17"E
South line of North 1320 feet
11.59'
3.01'S01°O8'08"E N89'07'a7^E
(2.99'S 00°04'23"E)# 104.96'N 89°07'47"E
• 105.00'S 87°29'21"W -- 11.58'
116.58'N 87°29'21"E N 87°29'21"E
Part of (116.61'N 88°31'51"E)x
Plat Legend: Parcel"B"
• Found Monument Survey Notes:
A Found Section Corner Monument 1. The Bearings shown on this survey are derived from GPS observations
Set 5/8'x 24"Rebar w/Blue
0
Cap"Iowa-19715" using the Iowa State Plane Coordinate System,North Zone,NAD 83
1123.451 Record Measurement 0 100 200 (2011).
123.45 Field Measurement I 2. All dimensions are in US Survey feet and decimals thereof.
# Survey Misc Bk 314 Pg 255 Scale:1 inch=200 feet 3. Easement area:173 square feet
City of Waterloo Engineering Department Drawn By:WWC Scale:1"=200' Sheet No.
715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date:8-04-2025 2 of 2
Phone: (319)291-4312 Fax:(319)291-4262 Date Drawn:11-24-2025 — —
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EXHIBIT "B" CONTINUED
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y CITY OF WATERLOO,IOWA oewArF
m cn m ENGINEERING DEPARTMENT PARCEL IMPACT DIAGRAM
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x m 715 MULBERRY STREET BMC AGGREGATES LC '3.� -ro 1/®o
b m _-1 2 WATERLOO,IOWA 50703 CONTRACT#1138
(319)291-4312 PHONE 6\G
'^ (319(291-4262 FAX 9 lvt1�