HomeMy WebLinkAboutDonaldson Company, Inc.- Permanent Sanitary Sewer Easement Agreement - 4/6/2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319)
291-4366
PERMANENT SANITARY SEWER EASEMENT AGREEMENT
This Permanent Easement Agreement (the "Agreement") is entered into as of
, 2026 by and between the City of Waterloo, Iowa ("Grantee") and
DONALDSON COMPANY, INC., successor by merger to EPCI Acquisition Corp.
("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". No above -ground structures or appurtenances shall be
installed within the Easement without Grantor's prior written consent.
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. Grantee shall provide Grantor at least 48 hours'
prior written notice before entering the Easement for non -emergency work. In emergency
situations, Grantee shall provide notice as soon as reasonably practicable.
5. Indemnity. 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. Grantee shall indemnify, defend, and hold harmless
Grantor from and against all claims, damages, liabilities, and costs arising out of (i)
Grantee's use of the Easement; (ii) the installation, operation, maintenance, repair, or
replacement of Grantee' s facilities; and (iii) any sewage discharge or system failure
occurring within the Easement.
6. No Interference Grantee's exercise of rights under this Easement shall
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not unreasonably interfere with Grantor's present or future access, operations, or use of
the Premises.
7. Maintenance. Grantee shall, at its sole cost, operate, maintain, repair, and
replace all sanitary sewer facilities installed within the Easement. Grantor shall have no
obligation to maintain any sanitary sewer improvements located within the Easement.
Grantor shall remain responsible only for routine maintenance of the surface of the
Premises, excluding any damage caused by Grantee's installation, maintenance, repair,
replacement, or use of the Easement, which Grantee shall promptly repair and restore at
its expense. Grantee shall repair or replace, at its sole cost, any damage to Grantor's
improvements, pavement, utilities, fencing, or landscaping caused by Grantee's activities
within the Easement.
8. 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.
9 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.
DONALDSON COMPANY, INC., successor by merger to EPCI Acquisition Corp.
By:
Title:
STATE OF )
) ss.
+%hr+-1-tr.•-- COUNTY)
Acknowledged before me on �-5 l-e ii t 2026, by ' tt �t I a ii avt
`
as JY VI+417reStdtit ' �I f DONALDSON COMPANY, INC., successor by
merger to CI Acquisition Cd�rp.
Notary Public
2
LICIA DIANE SWANSON
Notary Public -Minnesota
My Commission Expires Jan. 31, 2028
CITY OF WATERLOO, IOWA
By: Attest:
David Boesen, Mayor Ke ey Felc • City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on n—a , 2026, by David Boesen and Kelley
Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
CI^(Th_nr)------41
Notary Public
3
EXHIBIT "A"
Legal Description
An easement for the installation and maintenance of sanitary sewer over, under, across, and
upon that part of the Northwest Quarter (NW 1/4) of Section 9, 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 Tract "A", Deward Fletcher Industrial Park;
thence North 86°10'27" East along the South Right -of -Way line of West Airline Highway 16.50
feet to the Point of Beginning;
thence continuing North 86°10'27" East along the South Right -of -Way line 63.84 feet;
thence North 82°19'03" East along the South Right -of -Way line of West Airline Highway 175.44
feet to the East line of the parcel described in CLD Book 661 at Page 697 in the Records of the
Black Hawk County Recorder's Office;
thence South 00°57'05" East along said East line 65.65 feet;
thence South 84°28'58" West 137.67;
thence North 63°16'17" West 113.78 feet to the Point of Beginning containing 11,614 square feet
(0.266 acres).
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Index Legend
Location
Description:
Requestor:
NW 1/4,
Sec. 9, T89N, R13W
Waterloo, Iowa
Proprietor:
Surveyor:
Surveyor
Company:
Return To:
City of Waterloo
EPCI Acquisition Corporation
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 291-4312
EXHIBIT "B"
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Plat of Sanitary Sewer Easement
NW 1/4, Sec. 9, T89N, R13W of the 5th PM
City of Waterloo, Black Hawk County, Iowa
Airport Blvd
200 foot Right -of -Way
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Sewer Easement Description
Pages or sheets covered by this seal :
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:10-21-2025
Sheet No.
1 of 1
EXHIBIT "B" CONTINUED
L:ICONT 1138 • 75 2028 MA Warp Storm San0ary M2 WaerlEasemenis0EDA P. dug 12I1112025 2:50 Al
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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
DONALDSON COMPANY
INC
2940 AIRPORT BLVD
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