HomeMy WebLinkAboutNO STEPS, LLC - Permanent Sanitary Sewer Easement Agreement (2 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
This Permanent Easement Agreement (the "Agreement") is entered into as of
�yj , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
NO S l 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 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.
NO STEPLC CITY OF WATERLOO, IOWA
By:
Title: ti
STATE OF -T-45 1.0
) ss.
WaS' Aa 'Y- COUNTY)
Attest:
David Boesen, Mayor
Felchle, City Clerk
Acknowledged before me on '1Q) uAAA �� , 2026, by (,c\A5 "vcr
as b .0 of NO STEPS, LLC
PiAC SAMANTHA TROST
11.1 r COMMISSION NO. 824386
*!�'?;� * MY COMMISSION EXPIRES
IOWA 31t41ALs
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on
Notary Public
si �Q g , 2026, by David Boesen and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCYANNE HIGBY
COMMISSION NO. 853884
MY COMMISSION, EXPIRES
IOWA
2
EXHIBIT "A"
Legal Description
An easement for the installation and maintenance of sanitary sewer over, under, across, and
upon that portion of 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, described as follows:
Commencing at the Southwest corner of Section 4;
thence North 89°31'47" East along the South line of Section 4, 523.68 feet to the southerly
extension of a line that is 150 feet normally distant to and parallel with the centerline of the Airport
access road (now known as Airport Boulevard);
thence North 00°57'07" West along said southerly extension 59.94 feet to the North Right -of -Way
line of West Airline Highway (formerly Iowa Highway No. 57) and the Point of Beginning of this
easement;
thence North 89°31'47" East along the North Right -of -Way line 82.10 feet;
thence North 64°01'14" West 136.98 feet;
thence North 30°54'33" West 120.16 feet to a line that is 50 feet normally distant to and parallel
with the centerline of the Airport access road (now known as Airport Boulevard) and being the
current East Right -of -Way line of Airport Boulevard;
thence South 00°57'07" East along the current East Right -of -Way line of Airport Boulevard 164.60
feet to the North Right -of -Way line of West Airline Highway (formerly Iowa Highway No. 57);
thence North 89°31'47" East along the North Right -of -Way line 100.03 feet to the Point of
Beginning containing 10,493 square feet (0.24 acres).
3
Index Legend
Location
Description:
SW 1/4, SW 1/4
Sec. 4, T89N R13 W
Waterloo, Iowa
Requestor:
City of Waterloo
Proprietor:
Surveyor:
Surveyor
Company:
Return To:
No Steps LLC
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 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 that portion of 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, described as follows:
Commencing at the Southwest comer of Section 4;
thence North 89°31'47" East along the South line of Section 4, 523.68 feet to the southerly extension of a line that is 150 feet normally distant to and parallel with the centerline of
the Airport access road (now known as Airport Boulevard);
thence North 00°57'07" West along said southerly extension 59.94 feet to the North Right -of -Way line of West Airline Highway (formerly Iowa Highway No. 57) and the Point of
Beginning of this easement;
thence North 89°31'47" East along the North Right -of -Way line 82.10 feet;
thence North 64°01'14" West 136.98 feet;
thence North 30°54'33" West 120.16 feet to a line that is 50 feet normally distant to and parallel with the centerline of the Airport access road (now known as Airport Boulevard) and
being the current East Right -of -Way line of Airport Boulevard;
thence South 00°57'07" East along the current East Right -of -Way line of Airport Boulevard 164.60 feet to the North Right -of -Way line of West Airline Highway (formerly Iowa
Highway No. 57);
thence North 89°31'47" East along the North Right -of -Way line 100.03 feet to the Point of Beginning containing 10,493 square feet (0.24 acres).
Point of Commencement
Fd. 112" rebar in PCC
SW Comer, SW 1/4
Sec. 4, T89N, R13W
W Airline Hwy
Variable width Right -of -Way
South line, SW 1/4, Sec. 4. T89N, R13W
Lit
o
m o
co
0
to
523.68' — —
N 89°31'47" E
150'
100.03'
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 r the laws of the State of Iowa.
It(/,($fzs
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December31, 2025.
Pages or sheets covered by this seal : t1 t
Unplatted
SW 1/4 SW 1/4
Sec. 4, T89N, R13W �l
Doc. #2021-27694
120.16'
N 30°54'33" W
136.98'
7/N 64°01'14" W
Ppg Fd 1/2" rebar
Fd 1" Pinch Pipe wiyellow ID cap
"Iowa 8033"
372.15' N 89°32'16" E
(372.13' N 90°00'00" E)
82.10'
N 89°31'47" E
59.94' (60')
N 00°57'07" W
2129.25' _
N 89°31'47" E — S 1/4 Comer
Sec. 4, T89N,
R13W
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: 10,483 square feet (0.24 acres)
Plat Legend:
• Found Monument
A Found Section Comer Monument
Set 5/8" x 24" Rebar w/Blue
0
Cap "Iowa - 19715"
112345') Record Measurement
12345' Field Measurement
# Survey Misc Bk 291 Pg 190 Scale: 1 inch = 100 feet
0 50 100
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:11-17-2025
Sheet No.
1 of 1
EXHIBIT "B" CONTINUED
L 1C0Ni 1136-FY 2026 EDA .31 Sto m San8ary ME Wale(E3semen[DEDA PIDs.P+631,20261 36 PM
81 O31
D m
]1 �
N
D 0
A Z
0r
D 0
Z=
I
13
00
5
001131VAA AO
NVS NVS
EL:�
AIRPORT BLVD
CITY OF WATERLOO, IOWA
ENGINEERING DEPARTMENT
715 MULBERRY STREET
WATERLOO, IOWA 50703
(319) 291-4312 PHONE
(319) 291-4262 FAX
AMH 3N112:1IV'M 4£9Z
PARCEL IMPACT DIAGRAM
CONTRACT #1138
D
m
Z
00
p
NO STEPS LLC
2834 W. AIRLINE HWY
n
0
TIM ANDERA
From: Gogerty, Mathew <Mathew.Gogerty@iowadot.us>
Sent: Monday, March 2, 2026 4:21 PM
To: TIM ANDERA
Subject: RE: IDOT ROW
CAUTION: This email originated from outside the City of Waterloo email system. Do not click links or open unexpected attachments
unless you recognize the sender and know the content is safe.
Hi Tim,
We have not yet worked up an actual legal description for these tracts. We typically finalize our legals
once the survey plats are complete and have been recorded, as we then match them to include the
recording information that is on the plats.
Let me know if you're good, or if you need us to write something up.
Thanks!
Mathew Gogerty
Property Manager
Right of Way Bureau
Iowa Department of Transportation
800 Lincoln Way
Ames, IA. 50010
515-239-1731 (Office)
515-357-4693 (Cell)
mathew.gogertvCa iowadot.us
iowadot.gov
IWAJ DOT
From: TIM ANDERA <TIM.ANDERA@WATERLOO-IA.ORG>
Sent: Friday, February 6, 2026 12:32 PM
To: Gogerty, Mathew <Mathew.Gogerty@iowadot.us>; Skinner, Rick <Rick.Skinner@iowadot.us>; Kelly, Mary
<Mary.Kelly@iowadot.us>; JAMIE KNUTSON <JAMIE.KNUTSON@WATERLOO-IA.ORG>
Cc: NOEL ANDERSON <NOEL.ANDERSON@WATERLOO-IA.ORG>; ARIC SCHROEDER <ARIC.SCHROEDER@WATERLOO-
IA.ORG>; Johnson, Katherine <Katherine.Johnson@iowadot.us>; JAMIE KNUTSON <JAMIE.KNUTSON@WATERLOO-
IA.ORG>
Subject: RE: IDOT ROW
CAUTION:
This email originated from outside the Iowa Department of Transportation.
Do not click links or open attachments unless you recognize the sender and know the content is safe.
i
Seller agrees to release Buyer of obligations required by the RCRA Permit and the Covenants if Buyer
obtains its own RCRA Permit and both USEPA and IDNR release Seller and Deere of its obligations
relating to the property covered by the new RCRA Permit of Buyer. The agreements and covenants
contained in this Section B-2.2 shall survive the delivery of the Deed. As a condition to delivery of the
Deed, Buyer will execute and deliver to Seller the Acknowledgement and Acceptance of Enviromnental
Covenants attached to the Purchase Agreement as Exhibit "D."
2