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Home My WebLink AboutC and S Properties, LC - 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 J , 2022. by and between C and S Properties, LC ("Grantor"), and the City of Waterloo,Yhwa ("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 $198.63, 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 11t' 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. CITY OF WATERLOO, IOWA By: Attest: STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Quentin M. Harty Mayor Kelle! Felchle, City Clerk Acknowledged before me on 'Z.)13121 , 2021, by George, C'v�1 -c f as of C and S Properties, LC ncy- CRYSTAL WISENBACH COMMISSION NO.785374 MY COMMISSION EXPIRES AUGUST 04, 2023 STATE OF IOWA ) ss BLACK HAWK COUNTY ) • Acknowledged before me on� 041 `i , 20� by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectiv , of the City of Waterloo, Iowa. NA CY HIGBY COMMISSION NO.788229 MY 20MSI N EXPIRES 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: LOT 6 IN BLOCK NO. 60 IN ANTHONY BAKERS ADDITION, WATERLOO IA PROPERTY OWNER: C & S PROPERTIES, L.C. SITE ADDRESS: 185 W. 11TH ST WATERLOO, IOWA 50702 DATE OF SURVEY: 04-08-21 BASIS OF BEARING: IOWA STATE PLANE COORDINATE SYSTEM - NORTH ZONE (NAD83) Exhibit "A" LEGEND • A FOUND, AS NO! TEMPORARY EASEMENT PROPERTY/ROw LINE ORIGINAL LOT LINE FOUND CUT "X" ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA 11TH STREET BRIDGE REPLACEMENT N 49°03'19" 4.25' I hereby certify that thus land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I em a duly licensed Professional Lend Surveyor under the laws of the State of lows. Seth L Whitacre Date 4/06/21 Reg. No. 18379 My license renewal date is December 31, 2022 Pages or sheets covered by this seal: 2 30 0 30 TRACT B 0.01 ACRE-5 FOUND" ) o PIPE Al ') 5 49°03'19" E 4.25' .41 Ar IIAr h C) 0 5 I O N / / / FOUND / SURVEY COMPANY 1 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): G d 5 PROPERTIES, L.C. REQUESTOR: GITY OF ATERL00 LOCATION: LOT 6 IN BLK 60 OF ANTHONY BAKERS ADD. IN WATERLOO, BLAGKHAWK COUNTY, IOWA SURVEY TYPE: TEMPORARY EASEMENT FILE BOOK SCALE DRN CHK'D DATE JOB NO. 83 • 8380 1'=30' SAW 61^4.1 4A5/21 659020 REV. 0 LND S Tom. BDNS 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: TRACT °B'- A PART OF LOT NUMBER 8 IN BLOCK 60 IN ANTHONY BAKER'S ADDITION TO THE CITY OF WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWEST 4.25 FEET OF THE NORTHEAST 97.37 FEET OF SAID LOT 6, CONTAINING 0.01 ACRES, MORE OR LESS. SURVEY COMPANY, RETURN TO: Martin & Whitacre Surveyors & Engineers, Inc. 1508 BIDWELL ROAD, MUSCATINE, IOWA 52761 INFOMARTIN-WHITACRE.COM (563)263-7691 SURVEYOR: SETH A. WHITAGRE PROPRIETOR(S): G L 5 PROPERTIE5, L.G. REOUESTOR: GITM OF WATERLOO LOCATION: LOT 6 IN BLK 60 OP ANTHONY BAKER'S ADD. IN WATERLOO, BLAGKHAWK GOUNTY, IOWA SURVEY TYPE: TEMPORARY EASEMENT FILE 6380 REV. 0 GAM S TRAGTBDHB SHEET 2 OF 2 BOOK 6360 SCALE DRN SAW 6441 CHK'D DATE 4/6/21 JOB NO. 6540.20