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Home My WebLink AboutNO STEPS, LLC - Permanent Sanitary Sewer Easement Agreement (1 of 2) - 4/6/2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street Waterloo, IA 50703 Phone (319) 291-4366 PERMANENT SANITARY SEWER EASEMENT AGREEMENT n This Permanent Easement Agreement (the "Agreement") is entered into as of ! ,p(► , 2026 by and between the City of Waterloo, Iowa ("Grantee") and NO ST PS, LLC ("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 maintenance or replacement of the existing sanitary sewer. 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 any work completed by Grantee in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work. 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. NO STEP B Title: A (u.44 6,- STATE OF So w a ) ) ss. Sta&. RcuAk COUNTY) Acknowledged before me on1rnU(4 IS , 2026, by C,146 aq as pW of NO STEPS, LLC Notary Public SAMANTHA TROST COMMISSION NO. 824386 MY COMMISSION EXPIRES 2 CITY OF WATERLOO, IOWA By: David Boesen, Mayor STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on Attest: C I , 2026, by David Boesen and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCYANNE HIGBY COMMISSION NO. 85388lowsb,4 MY 440MMI8SION EXPIRES 3 L*.a) Notary blic EXHIBIT "A" Legal Description An easement for the installation and maintenance of sanitary sewer over, under, across, and upon the North 50 feet of that portion of the vacated Airport access road first conveyed in Land Deed Book 548 at Page 696 and lying within the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section 4, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, with said vacated access road described as follows: Beginning at a point 60 feet North and 805.7 feet West of the Southeast Corner of said Southwest Quarter of the Southwest Quarter; thence Westerly parallel with the South line of said Section 4 100 feet to a point 50 feet East of the centerline of the Airport access road known as Airport Boulevard; thence Northerly parallel with and 50 feet from said centerline to the Southerly right of way line of the Illinois Central Railroad; thence Southeasterly along said Southerly right of way line to a point 150 feet Easterly of said centerline of Airport Boulevard, said point also being 816.39 feet Westerly of the East line of said Southwest Quarter of the Southwest Quarter, measured along said southerly right of way line; thence Southerly to the point of beginning. 4 Index Legend Location Description: SW 1/4, SW 1/4 Sec. 4, T89N R13 W Waterloo, Iowa Requestor: City of Waterloo Proprietor: No Steps LLC 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 Sanitary Sewer Easement SW 1/4 SW 1/4, Sec. 04, T89N, R13W of the 5th PM City of Waterloo, Black Hawk County, Iowa Sanitary Sewer Easement Description: An easement for the installation and maintenance of sanitary sewer over, under, across, and upon the North 50 feet of that portion of the vacated Airport access road first conveyed in Land Deed Book 548 at Page 696 and lying within the Southwest Quarter of the Southwest Quarter (SW 1/4, SW 1/4) of Section 4, Township 89 North, Range 13 West of the 5th Principal Meridian, City of Waterloo, Black Hawk County, State of Iowa, with said vacated access road described as follows: Beginning at a point 60 feet North and 805.7 feet West of the Southeast Comer of said Southwest Quarter of the Southwest Quarter, thence Westeriy parallel with the South line of said Section 4 100 feet to a point 50 feet East of the centerline of the Airport access road known as Airport Boulevard; thence Northerly parallel with and 50 feet from said centerline to the Southerly right of way line of the Illinois Central Railroad; thence Southeasterly along said Southerly right of way line to a point 150 feet Easterly of said centerline of Airport Boulevard, said point also being 816.39 feet Westerly of the East line of said Southwest Quarter of the Southwest Quarter, measured along said southerly right of way line; thence Southerly to the point of beginning. Curve 1 Arc Length = 68.47' Radius = 6,250.45' A= 0°37'39" Long chord = 68.47' Chord bearing = N 88'54'00'W Curve C2 Arc Length = 69.99' Radius = 6.200.45' G = 0-38'48° Long chord = 69.99' Chord bearing = S 88°53'25' E 31.62' N 89°12'48" W A Fd.1' Pinch Pipe Fd. 12" rebar w/yellow ID cap "Iowa 9961' Point of Commencement Fa. 1/2" rebar In PCC San Comer, 1/4 Sec. 4, T89N,. R R13W 200.10' S 89'1248"E 50.02' S 00°57'07" E CN Railroad 100' Railroad Right -of -Way C1 West line SW1/4SW1/4— Sec 4, T89N, R13W — —. (816.39')' _ 30.10' J S 89°12'48" E 50'� CO ▪ q 144 t nN O Q a u ▪ > W Airli Variable width South i/ne, SW 1/4 150' C2 — (586.79') w tri 50.04' N 00°57'07" W New Sanitary Sewer Easement Unplatted - SW 1/4 SW 1/4 • Sec. 4, T89N, R13W Doc. #202,27694 Fd 1" Pinch Pipe 523.68' � N 89'31'47" E 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 Land Surveyor under We laws of the State of Iowa. William W. Castle, PLS License Number 19715 My License Renewal Date is December31, 2025. Pages or sheets covered by this seal : I/ n/�iiers— Date LO Bk 549 Pg 691 POB 100.03'(1001� f 372.15' N 89'32'16" E 204.95' N 89'31'34" E N 89'31'4r E (372.13' N 90°00'00' Er Ex. 35' Utility Easement Fd 1/2" rebar — w/yellow ID cap 'Iowa 8033" i e Hwy f— N8 5( W(577.4' 804.07' 07' (8 (805.T). Right -of -Way _ -- N 89'31'47" E —' — Sec 4, TB9µ R13W J c — 2129.25' N 89'31'47' E S 1/4 Corner Survey Notes: sac. a, Testy. R13W 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: 5004 square feet EN Fd 1/2°rebar wtyellow ID cap °Iowa 2697' SE Come SW 1/4 SW 1/4 Sec 4, 789N, R13W (228.3') Plat Legend: A" Found Monument OFound Section Corner Monument Set 5/8" x 24" Rebar w/8lue Cap "Iowa - 19715" (123.45') Record Measurement 123.45' Field Measurement # Doc. #2021-27694 ^urvey Misc Bk 291 rg 1au 0 4 50 100 Scale: 1 inch = 100 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" = 100' Field Work Date: Date Drawn:11-24-2025 Sheet No. 1 of 1 ,CONT„3 302026ECAWarp s,emSa ary MP2k!erTasemeNI4,Eo0PIO4.34ra,3rz026134P02 EXHIBIT "B" CONTINUED my Xm o m 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 Fi. Z 1� AIRPORT BLVD _ a3 NO STEPS LLC 2834 W. AIRLINE HWY 63