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Home My WebLink AboutLove's Travel Stops & Country Stores, Inc. - Easement Agreement - 6.15.2026Prepared by Austin J. McMahon, 222 1st St. E., Independence, IA 50644 319-334-4488 EASEMENT AGREEMENT This Easement Agreement (the "Agreement") is entered into as of 1 S , 2026 by and between Love's Travel Stops & Country Stores, Inc. ("Grantor") and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Permanent Drainage Easement. In consideration of the mutual promises and covenants contained herein, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a non-exclusive permanent drainage easement for purposes relating to construction of the Improvements (the "Permanent Easement") in, to, upon, over, across, and beneath the real estate (the "Permanent Premises") as described and depicted on Exhibit "A" attached hereto and by this reference made a part hereof. The Premises is collectively referred to as the "Easement Premises." 2. Purpose. The Easement Premises is intended for use by Grantee, its employees, contractors and agents, to construct certain drainage and utility improvements (the "Improvements"), and maintain Grantee shall perform, and shall cause its contractors to perform, all work in a good and workmanlike manner, in compliance with applicable laws, and using commercially reasonable efforts to avoid unreasonable interference with Grantor's business operations, parking, access, signage, utilities and use of the remainder of Grantor's property. Grantee shall promptly restore any portion of Grantor's property disturbed by Grantee or its employees, contractors, agents, invitees or representatives to substantially the same condition existing immediately before such disturbance, except for the Improvements installed within the Easement Premises in accordance with this Agreement. It is the intention of the parties that Grantee shall assume all responsibility for the construction, operation, inspection, repair, replacement and maintenance of the Improvements, and that Grantor shall have no liability relating to the Easement or the Improvements except to the extent arising from Grantor's own negligent acts or omissions or willful misconduct. To the fullest extent permitted by applicable law, Grantee shall be responsible for all claims, losses, damages, liens, costs and expenses arising out of or relating to Grantee's use of the Easement Premises, the construction, operation, inspection, repair, replacement or maintenance of the Improvements, or the acts or omissions of Grantee or its employees, contractors, agents, invitees or representatives, except to the extent caused by Grantor's negligence or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Easement Premises to Grantee, "as is, where is," without any representation or warranty as to the condition of same. Grantor shall have no duty to prepare the Easement Premises in any way for Grantee's use. This easement is subject to any matters of record affecting the Property or that would be shown by a current survey of the Permanent Premises. Following transfer of possession of the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as expressly set forth herein. Grantor reserves the right to use, maintain, landscape, mow, cross over and otherwise conduct activities upon the Easement Premises and Grantor's surrounding property in any manner that does not materially interfere with Grantee's rights under this Agreement. Grantee shall not unreasonably condition, delay or withhold any consent requested by Grantor for activities within the Easement Premises that would not materially impair the drainage function of the Improvements. 4. Entry; Notice. Grantee shall coordinate all non -emergency work with Grantor in advance and shall use commercially reasonable efforts to minimize disruption to Grantor's business operations, parking, access, signage, utilities and use of the remainder of Grantor's property. 5. No Expansion or Additional Improvements. Grantee shall not expand, relocate, assign or materially change the use of the Permanent Easement, and shall not install any additional utilities or improvements within the Easement Premises, without Grantor's prior written consent, except for the repair, replacement or maintenance of the Improvements within the Easement Premises in accordance with this Agreement. 6. Insurance. Grantee shall require each contractor performing work on the Easement Premises to maintain commercially reasonable insurance coverage for the work performed on the Easement Premises. 7. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 8. Successors and Assigns. This Agreement and the easements, rights, obligations, restrictions and covenants contained herein shall run with the land and shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns. [signatures on next page] 2 IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly authorized representatives as of the date first set forth above. LOVE'S TRAVEL STOPS & COUNTRY STORES, INC. By: 'C kIm 1.10-t Authorized Representative STATE OF OKLAHOMA ) ) ss. OKLAHOMA COUNTY CITY OF WATERLOO, IOWA By: Attest: David Boesen, Mayor elley Felc; j: , City Clerk Acknowledged before me on 9,144. , 2026, by Nil , as an authorized representative for Love's Travel & Country Stores, Inc. STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) :• ‘-‘pTAq)".F�`�' #25001636 s s,NqEXP.O210/2029 A `r, cr.? ttttttt Acknowledged before me on i1.i.1'AL 1,1 , 2026, by David Boesen and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. NANCY ANNE HIGBY MYCOMMISSIONCC IO EXPIRES Index Legend Location Description: Requestor: Lot 1 Greenbelt Centre Plat No. 7 Waterloo, Iowa Proprietor: Surveyor: Surveyor Company: Return To: City of Waterloo Engineering Department Love's Travel Stops & Country Store, Inc. William W. Castle City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, IA 50703 715 Mulberry St, Waterloo, IA 50703 291-4312 Exhibit "A" Plat of Drainage Easement Lot 1. Greenbelt Centre Plat No. 7 City of Waterloo, Black Hawk County, Iowa Drainage Easement Description: An easement for drainage and related maintenance over, under, upon, and across, that part of Lot 1, Greenbelt Centre Plat No.7, City of Waterloo, Black Hawk County, State of Iowa, described as follows: Beginning at the easterly most corner of said Lot 1; thence North 54°52'07" West along a northeasterly line of said Lot 1 56.70 feet; thence South 03°14'39" East 91.33 feet to the southeasterly line of said Lot 1; thence North 35°07'53" East along said southeasterly line 71.60 feet to the point of beginning containing 2,015 square feet. Platted 25' drainage easement Existing Love's detention basin Existing detention basin outlet Lot 1, Greenbelt Centre Plat No.7 Love's Travel Stops & Country Store, Inc. Existing retaining wall 0 Ex. 25' electric ROW easement Ex. 15' water main easement 20 40 Scale: 1 inch = 40 feet Lot 3, Greenbelt Centre Plat No.7 Existing storm sewer culverts / LPN/011166 1111111161b- 1111111.11 111101111111 � :� �1 ®/ ,�h co drainage way to be regraded promote drainage. rr / / / / / akk •o�m G`Oa 0 Point of OP << �—�—Beginning vsIN O o ��O�Gti� ^oo c§' Former railroad bridge to be replaced 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 S�yveyor und/tr the laws of the State of lowa. William W. Castle, PLS License Number 19715 My License Renewal Date is December 31, 2027. Pages or sheets covered by this seal : t/ Date Survey Notes: 1. No field boundary survey was performed for this easement. Parcel lines and bearings shown hereon are based on Black Hawk County parcel line data and Greenbelt Centre Plat No. 7. 2. All dimensions are in US Survey feet and decimals thereof. 3. Easement area: 2,015 square feet City of Waterloo Engineering Department 715 Mulberry Street, Waterloo, Iowa 50703 Phone: (319) 291-4312 Fax: (319) 291-4262 Drawn By: WWC Scale: Field Work Date: Date Drawn: 5-8-2026 Sheet No. 1 of 1