HomeMy WebLinkAboutAmerican Pattern Storage, LLC - Temporary Construction Easement Agreement - 12-20-2021 Prepared by Tim Andera.City of Waterloo Waterloo IA 50703 Phone(319)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
'�e�oar -2-6 92021 by and between American Pattern, Storage,LLC ("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 5100.00,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 "Temporary
Easement Premises") as set forth on Exhibit "A" attached hereto and by this reference
made a part hereof. The Temporary Easement shall expire upon conclusion of all
construction,cleanup, and demobilization activities upon the Premises and adjacent land,
or January 1, 2024, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the 11th Street Bridge and
utility improvements (the"Improvements"). It is the intention of the parties that Grantee
shall assume all responsibility for the construction of the Improvements adjacent to the
Premises, and that Grantor shall have no liability relating to the 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
Temporary 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 Temporary
Easement Premises in any way for Grantee's use. Following transfer of possession of the
Temporary Easement Premises, Grantor shall have no further duty or obligation with
respect to same, except as set forth herein. Grantor may mow or care for grasses and
vegetation growing in the Temporary Easement Premises during the period of this
Agreement,but may not conduct other activities upon the Temporary Easement Premises
without the prior written consent of Grantee. Grantor agrees that any activities that
Grantor, its officers, employees, contractors or agents undertake on the Temporary
Easement Premises during the term hereof shall be at their sole risk, and Grantor hereby
agrees to indemnify Grantee, its officials, officers, employees, contractors and agents,
with respect to any and all claims for injuries, death, property damage, property loss or
otherwise, arising from the acts or omissions of Grantor, its officers, employees,
contractors or agents, on or about the Temporary Easement Premises during the term of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
AMERICA PATTERNS ORAGE, LLC CITY OF WATERLOO, IOWA
By
By:
Title:
ow cw r ��idQr Quentin M. Hart, Mayor
1J' �C
Attest: �<a�44yu,-
Kelley f4chle, City Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me on U&k -3 , 2021, by ,p / as
e`7Wn{Ef2� zaibF-Afi— of American Pattern Stora e C
T
TIM ANDERA
�F COMMISSION NO!%518 (�
* MY COMMISSION EXPIRES
APRIL 11,2024 Notal Ubllc
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on �GYt� r �$ , 2021, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
„
NANCY HICBY 1 Notary�`ublic
e�
COMMISSION NO.788229
MY C M Ss!K ES
O W 0' 40_l.�
INDEX LEGEND SURVEY LOCATED:
PART OF LOTS 3,7 AND 8 OF
SURVEYOR&RETURN TO: AUDITOR'S CONSOLIDATED PLAT,
SETH A.WHITACRE,P.L.S. WATERLOO,IA
MARTIN&WHITACRE
SURVEYORS&ENGINEERS,INC. PROPERTY OWNER:
1508 BIDWELL ROAD AMERICAN PATTERN STORAGE,L.L.C.
MUSCATINE,IOWA 52751 //��
PHONE:563.2637691 SITE ADDRESS: Exhibit "A"
E.11TH STREET
SERVICE PROVIDED FOR: WATERLOO,IOWA 50702
CITY OF WATERLOO OF SURVEY:
316 EAST 5TH STREET DATE DATE1
WATERLOO,IOWA 50703
SURVEY REQUESTED BY: BASIS OF BEARING:
CITY OF WATERLOO IOWA STATE PLANE COORDINATE
SYSTEM-NORTH ZONE(NAD83)
ACQUISITION PLAT
LEGEND OF TEMPORARY EASEMENT BEING CONVEYED L
• FOUND,AS NOTED TO THE CITY OF WATERLOO,IOWA C
® TEMPORARY EASET-1FNT 11TH STREET BRIDGE REPLACEMENT
PROPERTY/ROW LINE 20 O 20
----- OR161KAL LOT LINE
h�
e FOUND Y,"
0.05 TOTAL MBAR PROPERTY SURVEY
�.R
AGTOT PLAT BOOK 268 PAGE 653.G.
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P.O.B. a\ G O N 5~O -L D A T E D
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0 FOUND Y," t
REBAR
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GURVE DATA 8
DELTA= 1*58'12"
RADIUS= I13177'
ARG = 38.91'
GHORD = N 66°12'11" W 1,
1` $
SURVEY COMPANY RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1506 BIDWELL ROAD,MUSCATINE,IOWA 52761
1 hereby certify that this lend surveying document was INFO@MARTIN-WHITACRE.COM (563)263-7691
Prepared and the related survey work was performed SURVEYOR: SETH A.WHIITAGRE
or under mi direct personal supervision and
that
I am a duly licensed Prefes® landPROPRIETOR(S): AMERIGAN PATTERN STORA6E,L.L.Gonel Id Surveyor _`s'•
uadm the lows of the Slate of Iowa. �`—:......
� REQUESTOR: CITY OF WATERLOO
.
LOCATION: LOTS 3,T ! 8 OF AUDITORS GON50LIDATED
THr m i PLAT IN WATERLOO,R AGKHAWK GOUNIY,IOWA
Date 4/oanl Reg. No. 18378 fir': t ;'� SURVEY TYPE: TEMPORARY EASEMENT
Y licenee renewal date M December 31, 2022 ..............
7FILE BOOK SCALE ORN CHK'D DATE JOB.2
6380 8360 1'.20' SJJV Ghi'1 4/oq/ZI 8590.20
Pages or sheets covered by this seal 2 REV. 0 A� pAT�p,I, SHEET I OF 2
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO,IOWA
11TH STREET BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT NUMBERS 3, 7 AND 8 OF AUDITOR'S CONSOLIDATED PLAT TO THE CITY OF
WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERNMOST CORNER OF THE NORTH 27.50 FEET OF SAID LOT 7; THENCE
NORTH 40'51'29" EAST 76.81 FEET; THENCE SOUTH 49'12'45" EAST 19.47 FEET; THENCE SOUTH
25'41'31" WEST 67.78 FEET TO THE BEGINNING OF A 1131.77 FOOT RADIUS CURVE CONCAVE
NORTHERLY WHOSE 38.91 FOOT CHORD BEARS NORTH 66'12'11" WEST; THENCE WESTERLY 38.91 FEET
ALONG SAID CURVE TO THE POINT OF BEGINNING; CONTAINING 0.05 ACRES, MORE OR LESS.
SURVEY COMPANY i RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc_
1508 BIDWELL ROAD,MUSCATINE,IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITAGRE
PROPRIETOR(S): AFIERIGAN PATTERN STORAGE,L.L.G
REQUESTOR: CITY OF WATERL00
LOCATION: LOTS 5,7 8 8 OF AUDITORS COWSOLIDATED
PLAT IN HATERLOO,BLAGKHAWK COUNTY,IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
8-700 6300 1'=20' SAW 6NLV 4/09/11 8590.21
REV. 0 M6tKwW FATT6*t 6 I SHEET 2 OF 2