HomeMy WebLinkAboutNO STEPS, LLC - Permanent Sanitary (RECORDED)Sewer Easement Agreement (1 of 2) - 4/6/2026 2026-12299
RECORDED:08/14/2026 03:08:31 PM
RECORDING FEE:$32.00
REVENUE TAX:$
COMBINED FEE:$32.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
Prepared 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
\
{iD ► , , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
NO STEPS,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 , L
By.
Title: A tC ✓
STATE OF So w a )
) ss.
Skoan. Rata% COUNTY)
Acknowledged before me onlibci,4aaf IS , 2026, by (_k' l W 1
as pW of NO S 1'BPS,LLC
Notary Public
k010 SAMANTHA TROST
,k01
y COMMISSION NO.824386
[ OWA
MY COI�(IMISN EXPIRES
I I
2
CITY OF WATERLOO, IOWA
By: Attest:
David Boesen, Mayor elley F le, ity Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY)
Acknowledged before me on y I , 2026,by David Boesen and
Kelley Felchle as Mayor and City C , espectively, of the City of Waterloo,Iowa.
NANCYANNE HIGBY Y\tury �` �
, COMMISSION NO.853884 Notaryblic
* „"", * MY CZOMMISSION EXPIRES
3
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 SW 1/4, SW 1/4
Description: Sec. 4, T89N R13 W
Waterloo, Iowa
Requestor: City of Waterloo EXHIBIT " B"
Proprietor: No Steps LLC
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 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: Curve C1
Arc Length=68.47'
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 Radius=6,250.45'
Wester: parallel with the South line of said Section 4 100 feet to apoint 50 feet East of the centerline of the Airport access road known as Long chord=0
Y p chord=68.47'
Airport Boulevard;thence Northerly parallel with and 50 feet from said centerline to the Southerly right of way line of the Illinois Central Chord bearing=N 88'54'00"W
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 Curve C2
Arc Length=69.99'
right of way line;thence Southerly to the point of beginning. Radius=6,200.45'
Pi=0°38'48"
Long chord=69.99'
Chord bearing=S 88°53'25"E
CN Railroad
I 100'Railroad Right-of-Way West line
SW 1/4 SW 1/4 ---_,,,,....I
31.62' Sec 4,T89N,R13W
N89°12'48"W ---N1/4‘ if— Cl
(916.39')x
—ID
Fd.1' 200.10' ~
Pnch Pipe S 89'12'48"E ( -- (586.79';° — — -- ''
\ _ (229.6')' ----
50.02' _if' ---
S 00°57'07"E 50.04' Ex.35'utility
I N 00'57'07"W Easement
1 t_ C2
30.10'
S 89°12'48"E New Sanitary
Sewer Easement
150' / b
- in
w w N
ce N F.-=,... in cc;�5C / 0 O aw
cno °
c o co ''=:Li 7 N Ob
3 ,
fO
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W 0
0, i ° o gi v z
11'4 C c U)
O1 Unplatted
fa.— r SW 1/4 SW 1/4 ---..,s.
.`
Sec. 4, T89N, R13W
Fd.1/2"rebar j L Doc.#2021-27E94
w!yellow ID cap Ct
"Iowa 9961"
• Fd 1/2"rebar Fd 1/2"rebar
LD Bk 549 Pg 691 — w,'yellow ID cap w/yellow ID cap
Fd 1" POB "Iowa 8033" Iowa 269?"
Pinch Pipe SE Corner
204.95'N 89'31'34"E SW 1/4 SW 1/4
100.03'(100') i 372.15'N 89'32'16"Ea 1 (205'N 90°00'00"E)6 Sec 4,T89N,R13W
)0 N 89'31'47"E (372.13'N 9D'00'00"E) V _ I�
Point of Commencement ` 228'3)
Fa.1/2"rebar in PCC � 59.94'(60') (577.4'East)
SW Corner,SW 1/4 W Airline Hwy � N00.5T07 W If
Sec.4,T89N.R13W 804.07'(B05.7') _
Variable width Right-of-Way I N 89'31'47"E
South line,SW i/4 Sec.4,T89N,R13W _ -- — — —
—
523.68' i `- — 2129.25' S 1/4 Corner
N 89'31'47"E ` r N 89'31'47"E Sec.4,T89N,R13W
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations using
`"»�1`, I hereby certify that this surveying document was prepared the Iowa State Plane Coordinate System,North Zone,NAD 83(2011).
�SSION.44 .% 1tt and the related survey work was performed by me or under 2. All dimensions are in US Survey feet and decimals thereof.
i Q-�s s o°e s°° tf my direct personal supervision and that I am a duly licensed 3. Easement area:5004 square feet
° Land S ry or under a la s of the State of Iowa.
f
q o' WILLIAM°o��`i Plat Legend:
/ to ° W. °0 70 /� Z4Z5— A Found Monument
G w
Z o CASTLE e < i f Zy Found Section Corner Monument
iii c� ; 19715 0° "-S William W.Castle,PLS Date O Set 5/8"x 24"Rebar w/Blue
f#I °° eo°-�� License Number 19715 Cap"Iowa-19715" 0 50 1 CO
I
it °O°°°°° * My License Renewal Date is December 31,2025. (123.45')Record Measurement ======== =
11 /C W A 123.45' Field Measurement Scale: 1 inch=100 feet
�� 4 Pages or sheets covered by this seal : t/I r Doc.#2021-27694
& Survey Misc Bk 291 Pg 190
City of Waterloo Engineering Department Drawn By: WWC Scale: 1" = 100' Sheet No.
715 Mulberry Street, Waterloo, Iowa 50703 Field Work Date: -i of i
Phone: (319) 291-4312 Fax: (319) 291-4262 Date Drawn:11-24-2025 _
L.o81,,,38FP2o2sEOAwalm Storm sannam And WMterEasemenakEoAPlO 81448 1/7rz026134PM EXHIBIT "B" CONTINUED
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v v CITY OF WATERLOO,IOWA
y OF Wq>F
m S m ENGINEERING DEPARTMENT PARCEL IMPACT DIAGRAM " ' �se
715 MULBERRY STREET NO STEPS LLC u s`/A0
b IT CONTRACT#1138
WATERLOO,IOWA 50703
1 2834 W.AIRLINE HWY O
(319)291-4312 PHONE y.
F. (319)291-4262 FAX •'S'7tlt'3°
Docusign Envelope ID:DF81F433-1758-467D-A9D1-6EF66C296DDB 2026-12298
RECORDED:08/14/2026 03:08:30 PM
RECORDING FEE:$7.00
REVENUE TAX:$
COMBINED FEE:$7.00
SANDIE L.SMITH,RECORDER
BLACK HAWK COUNTY,IOWA
'Prepared by LeAnn M. Even, Deputy City Clerk, City of Waterloo, 715 Mulberry Street,
Waterloo, IA 50703, (319) 291-4323.
RESOLUTION NO. 2026-183
RESOLUTION APPROVING TWO PERMANENT SANITARY
SEWER EASEMENT AGREEMENTS IN THE TOTAL
AMOUNT OF $19,065.00, WITH NO STEPS, LLC, LOCATED
AT 2834 WEST AIRLINE HIGHWAY, IN CONJUNCTION
WITH THE WATERLOO AIR AND RAIL PARK UTILITY
IMPROVEMENTS PROJECT, AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SAID
DOCUMENTS.
WHEREAS the City of Waterloo, Iowa, is undertaking the Waterloo Air and Rail Park
Utility Improvements Project; and
WHEREAS, in conjunction with said Project, it is necessary for the City to acquire two
Permanent Sanitary Sewer Easements over property located at 2834 West Airline Highway,
Waterloo, Iowa; and
WHEREAS, the City and No Steps, LLC, property owner, have negotiated two
Permanent Sanitary Sewer Easement Agreements in the total amount of$19,065.00; and
WHEREAS, the City Council finds it to be in the best interests of the City of Waterloo, Iowa, to
approve said Permanent Sanitary Sewer Easement Agreements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo,
Iowa, that:
1. The two Permanent Sanitary Sewer Easement Agreements between the City of
Waterloo, Iowa, and No Steps, LLC, for property located at 2834 West Airline Highway, in
conjunction with the Waterloo Air and Rail Park Utility Improvements Project, in the total
amount of$19,065.00, are hereby approved.
2. The Mayor and City Clerk are authorized and directed to execute said documents on
behalf of the City of Waterloo, Iowa.
PASSED AND ADOPTED this 6`h day of April 2026.
r—Signed by:
�twud, tbt,Su,i
` 3afBiD342
Davi-49 d5oesen,`Mayor
ATTEST:
r—Signed by:
Why&La,
Kelle7telclile, City Clerk
SEAL
Why-
.40
0
M frt{F,#/{IR{AIFpPF.M.
• 1 mos 1#1.I I-III •
Prepared 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