HomeMy WebLinkAboutUtsler Temporary Easement Agreement - 1.3.2022Prepared 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
Ja"“.-euj 3 , 202Aby and between Sandra L. Utsler, Angela C. Lund and Danielle
Utsler-Stone ("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 $394.94, 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
4. Tenant Access to Building. Grantee shall maintain a pedestrian access during the
duration of construction, or when no longer necessary, from the alley to the walk-in door facing
towards West 1 1th Street for Grantor's tenants.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their
duly authorized representatives as of the date first set forth above.
CITY OF WATERLOO, IOWA
i G(% �6e By:
Sandra L. Utsler
LLe
Danielle Utsler-Stone
STATE OF IOWA
) ss
BLACK HAWK COUNTY )
•
Attest:
uentin M. Hart, Mayor
Kelley F chle, City Clerk
Acknowledged before me on Qetlero lw , 2021, by Sandra L. Utslter.
STATE OF IOWA
) ss
•
JON KOLTHOFF
Commission No.770966
My Co
r s 2/ L4 ire$
BLACK HAWK COUNTY )
Acknowledged before me on]k(�(f►l-xt til`, 2021, by Ange]oC. Lund.
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
JODI SHANER
COMMISSION NO. 803165
MY COMMISSION EXPIRES
MARCH 08, 20 ,3
Acknowledged before me on
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
( a)
Nota
Acknowledged before me on,)
Felchle as Mayor and City Clerk, respectively, of
Notary Public
NANCY HLCBY
COMMISSION N0.788 E59
MY M IS ON
, 2021, by Danielle Utsler-Stone
l
DEBRA A.H. JACOBS
COMMISSION NO. 708536
•
�,.k
MY c Q M S IIOONN PIRES
fu1 , 2024, by Quentin M. Hart and Kelley
e City of Waterloo, Iowa.
INDEX LEGEND
SURVEYOR & RETURN TO:
SETH A. WHITACRE, P.L.S.
MARTIN & WHITACRE
SURVEYORS & ENGINEERS, INC.
1508 BIDWELL ROAD
MUSCATINE, IOWA 52761
PHONE: 563-263-7691
SERVICE PROVIDED FOR:
CITY OF WATERLOO
316 EAST 5TH STREET
WATERLOO, IOWA 50703
SURVEY REQUESTED BY:
CITY OF WATERLOO
SURVEY LOCATED:
PART OF LOT 5 OF BLOCK 60 IN
ANTHONY BAKER'S ADDITION
PROPERTY OWNER:
SANDRA L UTSLER &
DANILLE UTSLER STONE
SITE ADDRESS:
181 W 11TH STREET
WATERLOO, IOWA 50702
DATE OF SURVEY
4/07,2021
BASIS OF BEARING:
IOWA STATE PLANE COORDINATE
SYSTEM- NORTH ZONE (NAD83)
Exhibit "A"
JEGEND
• FOUND, A5 NOTED
TEMPORARY EASEMENT
PROPERTY/RONN LINE
ORIGINAL LOT LINE
(R) REGORD DISTANCE
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
11TH STREET BRIDGE REPLACEMENT
40
0
40
FOUND Yz"
PINCHED PIPE
N 4O°54'29" E
69.15' (10.00')
FOUND )"
PIPE
N 49°02'00"
13.00'
5 48°45'40" E
13.00'
5 40°54'24" N ��
69.64' (10.009/
h /
FOUND Y2"
PINCHED PIPE
POUND 2" PIPE
I hereby certify that this lead 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 Deemed Professional land Surveyor
under the laws of the State of Iowa.
Seth A Whitacre
Date 4/01/21 Reg. No, 18379
Yy license renewal date is December 31, 2022
Pages or sheets covered by this seal: 2
86Di L
w i TI4f1CB6
y 18379
SURVEY COMPANY! RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFOMARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. NHITAGRE
PROPRIETOR(S): SANDRA L UTSLER 4 DANILLE UTSLER STONE
REQUESTOR: CITY OF WATERLOO
LOCATION: PART OF LOT 5 BLOCK 60 OF ANTHONY
BAKERS ADDITION OF YJATERLOO, IONA
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
e39O e380 I'=4O' JHS 5Ar1 4/01/21 H59O.20
REV. 0 UISLERDr16 SHEET 1 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 NUMBER FIVE IN BLOCK SIXTY IN ANTHONY BAKER'S ADDITION TO THE CITY OF
WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHWEST 13.00 FEET OF THE SOUTHWEST 70.00 FEET OF SAID LOT FIVE, CONTAINING 0.02
ACRES, MORE OR LESS.
SURVEY COMPANY / RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITACRE
PROPRIETOR(S): SANDRA L UTSLER d DANILLE UTSLER STONE
REOUESTOR: CITY OF wus,'ERLOO
LOCATION: PART OF LOT 5 BLOCK bO OF ANTHONY
BAKERS ADDITION OF WATERLOO, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
£33.90 B380 1'=40' J45 SAW 4/01/21 65.80.20
REV. O U1SUERDW6 SHEET 2 OF 2