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Home My WebLink AboutO'Neal Steel, LLC - Temporary Construction Easement Agreement - 3/2/2020Prepared by Tim Andera, 715 Mulberry Street, Waterloo, IA 50703. Phone (319) 291-4366 Return to preparer after recording. TEMPORARY CONSTRUCTION EASEMENT AGREEMENT This Temporary Construction Easement Agreement (the "Agreement") is entered into as of , 7 , 2020, by and between O'Neal Steel, LLC (f/k/a O'Neal Metals, Inc.) ("Grantor"), and the City of Waterloo, Iowa ("Grantee"). 1. Grant of Temporary Easement. In consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration in the amount of $1,035.00, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee, and Grantee does hereby accept, a temporary easement for purposes relating to construction of the Improvements (the "Temporary Easement") in, to, upon, over, across, and beneath the real estate (the "Easement Premises") legally described as set forth on Exhibit "A" attached hereto and by this reference made a part hereof. The Temporary Easement shall expire upon the earlier of (i) , 2021 (12 months after the date of this Agreement) and (ii) conclusion of all construction, cleanup and demobilization activities upon the Easement Premises. Grantee shall not access or use any of Grantor's property located outside the Easement Premises for the purposes granted herein. 2. Purpose. Grantee, its employees, contractors and agents, may access and use the Temporary Easement to conduct activities reasonably necessary for the construction of certain drainage and utility improvements (the "Improvements"). Grantee shall assume all responsibility for the construction of the Improvements adjacent to the Easement Premises, and Grantor shall have no liability relating to the Temporary Easement or the Improvements except as may arise from the Grantor's own negligent acts or omissions 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. Following transfer of possession of the Easement Premises, Grantor shall have no further duty or obligation with respect to the Easement Premises, except as set forth herein. Grantor may mow grasses and vegetation growing in the Easement Premises, but may not conduct other activities upon the Easement Premises without the prior written consent of Grantee. 4. Grantee Duties. Grantee shall exercise the rights and privileges granted hereunder at its own risk and expense; shall minimize the actual area of the Easement Premises to be disrupted by the work; shall locate and protect any existing underground and above -ground utility lines; and, within 14 days after completion of the Improvements, shall clear the Easement Premises of all construction debris, restore the surface contours to those existing before the construction, revegetate the surface of the Easement Premises if necessary to minimize erosion, and reasonably restore any of Grantor's fences, personal property or other existing improvements disturbed by construction of the Improvements. Grantee shall comply with this Agreement and the requirements of all applicable laws and regulations, and shall obtain and comply with such licenses and permits as are required for Grantee's activities hereunder. Grantee shall require its contractor and construction agents to obtain and maintain in full force and effect all insurance required by law and such commercially reasonable insurance coverage as may be additionally required by Grantee to cover the risks associated with the construction activities hereunder. 5. Liens. Grantee shall not cause any mechanic's lien or other lien to be filed against the Easement Premises, or any part thereof by reason of construction of the Improvements. If any such lien shall at any time be filed against Grantor or the Easement Premises, then Grantee shall cause the same to be discharged of record within thirty (30) days of the date that Grantee receives notice of the same. 6. Binding Effect. This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. O'NEAL STEEL, LLC By: Its: 6,I,.Ite r 2 CITY OF WATERLOO, IOWA BY: nZQ Quentin Hart, Mayor Attest: /' Kelley Felch , City Clerk STATE OF A ) ) ss. -eP(san COUNTY) Acknowledged before me on 1-th(t p r y d 1 , 2020, by fr d\ P , as an authorized representative for O'Neal Steel, LLC. STATE OF IOWA sv.ky..A nl 111 I I I 7i o s :.a _ •.•• i :•y s• ky PkyQ \� IIIIiNNI1110 ) ss. BLACK HAWK COUNTY ) CaIL0i LL-6 Notary Public Acknowledged before me on Y` -.t3 , 2020, by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. •"'"`. • NANCY HlGBY COMMISSION NO.788229 t"?+?'. MY C MMISSIQN EXPIRES uw LO k- 3 ,*}}`A‘t3iS hawU,,�J1 ♦ c • -' '' V, IM `Ja /� 1' INDEX LEGEND General Description: Part of the Southwest 1/4, Section 33—T89N—R13W, Waterloo Surveyor. David L. Schell (#16775) Surveying Company: Wayne Claossen Engineering & Surveying, Inc. 2705 University Avenue (P.O. Box 898) Waterloo, Iowa 50704 (319)235-6294 'let Requested By: City of Waterloo 'roprietor: JARF, L.C. LEGAL DESCRIPTION SANITARY SEWER EASEMENT C E S For County Recorder's use. EASEMENT PLAT Sanitary Sewer Easement SHEET 1 OF 2 An Easement for Sanitary Sewer purposes over, under and across that part of the Southwest Quarter (SW 1/4) of Section Thirty—three (33), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa described as follows: Beginning at the Northeast comer of Parcel described in Land Deed Book 570, Page 62 in the Black Hawk County Recorder's Office; thence S01'34'26"E Fourteen and Eight Hundredths (14.08) feet along the East line of said Parcel; thence N88'24'51"E Twenty—nine and Thirty Hundredths (29.30) feet; thence N89'50'41"E Two Hundred Sixty—nine and Forty—three Hundredths (269.43) feet; thence N00'37'47"E Three and Forty—six Hundredths (3.46) feet; thence N88'17'17"E One Hundred Fifty and Thirty—nine Hundredths (150.39) feet; thence N01'34'26"W Eleven (11.00) feet; thence N8617'17"E Eighty—three (83.00) feet; thence S01'34'26"E Seventeen (17.00) feet; thence N88'17'17"E Two Hundred Eighty—five and Ninety—one Hundredths (285.91) feet; thence S54'46'56"E Twenty—two and Forty—eight Hundredths (22.48) feet to the East line of Tract described in Land Deed Book 568, Page 786 in aforesaid Recorder's Office; thence N35'10'37"E Forty—five and Fifty—four Hundredths (45.54) feet along said East line to the Northeast corner of said Tract; thence S88'25'34"W Eight Hundred Sixty—three and Thirty—two Hundredths (863.32) feet along said North line to the point of beginning containing 15,960 square feet. NOTES: 1. The basis of bearings for this Plat of Survey is the West line of the SW 1/4 assigned a bearing of NO1'34'26"W as per Iowa State Plane Coordinate System, North Zone, 2011 adjustment. `�} LICENSED. • • v: 16775 :• 3.31 ¢ _ `"o„SAL rn:umt�! CERTIFICATION I hereby certify that this land 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 the laws of the State of Iowa. t't Signature: David {' Schell 'P.CS. Dote• J11?"-i l (' 20 Z'cr License No 16775 Pages or Sheets Covered by this Seal' 2 My license renewal date is December 31, 2020 ON 3113 S33 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 0 120 1 INCH = 120 FEET j SW CORNER. / I SW 1/4. SW 1/ SEC. 33-T69N-R1R73W (FOUND 'x' CUT) DOC. No. 2018-14361 M N City of Waterloo 15.00' Right —of —Way Acquistition LD 569-606 z EASEMENT PLAT Sanitary Sewer Easement Part of the Southwest 1/4, Section 33—T89N—R13W, Waterloo, Black Hawk County, Iowa Proprietor JARF, LC. (N88'25'34'E) (40.00') Proposed Son. Proposed San. Sewer — -Sewer Manholef6ne co n rri m N 0 z C E S LAND DEED 565-793 PROPRIETOR: O'NEAL METALS, INC. Proposed —San. Sewer Manhole, (58B'25'34'W-663.32'L _ 0 \ (N8817'17'E-150.39) Existing BWg. 1-00c\T--.—N 9r$ST�I'6 3'r —CWN UNK FENC A\ \J (N81324'51'E-29.30' ORI4EWAY—coi ci EfE 8 ` / M ci { I w r m r N o r 1 o z 500'00'00'W-670.69' 1e n G n 8 0 0 b z Pi7a 0 Cay of Waterloo Right—of—Way AcqulsUtlon LD 570-062 S9000'oO'w 515.00' LAND DEED 568-786 PROPRIETOR JARF, LC. ,N90'00'00'E 25' W o SW CORNER SEC. 33-789N—R13W o ' (FOUND LEAD PLUG) MISC. BOOK 332-906 RIDGEWAY AVENUE (RIGHT—OF—WAY VARIES) (N88.1717'E-83.00 ) 0 i 0 n 0 SHEET 2 OF� Existing San. Sewer Manhole o Existing San. Sewer Ease., Doc No. 2020-06855 0 �N88'17'17j-285l17� — — — T f, \ Er,sfing San. Sewer ne ' �. w ON 311.d S30 1 r