HomeMy WebLinkAboutHoward Allen Investments, Inc. - 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
u1/44,0.1 3 , 2022 by and between Howard Allen Investments, 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
$1,808.61, 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 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 or adjoining the project or at the completion of the project. The Premises and the
Temporary Premises are collectively referred to as the "Easement Premises."
2. Purpose. The Premises is intended for use by Grantee, its employees, contractors
and agents, to reconstruct the Park Avenue 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 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 Premises, but may not conduct other activities upon
the Premises without the prior written consent of Grantee.
IN WITNESS WHEREOF, the parties have executed this Easement Agreement by their duly
authorized representatives as of the date first set forth above.
HOWARD ALLEN INVESTMENTS, INC.
By: ati,
Title: 1``�
By:
Attest:
CITY OF WATERLOO, IOWA
Quentin M. Hai , Mayor
Kelley Felltile, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on CI,C S 1 , 2021, by
\ r mil\''im as },Ae+ ,.- of Howard Allen
Investments, Inc .
LETITIA S PINES
COMMISSION NO. 805311
MY COMMISSIONO23 EXPIRES
Not Public
PVYA. QV—)
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me o Cyr ww�� ww��. 1 , 202%, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HICBY
COMMISSION NO.788229
MYet OMy11SS10N 4RES
a'
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:
A PART OF LOT 10 OF BLOCK 5 AND PART OF
VACATED WATER STREET BOTH IN THE
ORIGINAL PLAT ON THE EAST SIDE OF THE
CEDAR RIVER, IN THE CITY OF WATERLOO
PROPERTY OWNER:
HOWARD L. ALLEN
INVESTMENTS INC.
PARCEL ID:
8913-23-483-003
WATERLOO, IOWA 50703
DATE OF SURVEY:
04-22-21
BASIS OF BEARING:
IOWA STATE PLANE COORDINATE
SYSTEM - NORTH ZONE (NAD83)
Exhibit "A"
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
LEGEND
• FOUND, AS NOTED
///) TEMPORARY EASEMENT
PROPERTY/RON LINE
ORIGINAL LOT LINE
FOUND REBAR
W/UNREADABLE
GAP
FOUND REBAR
IN/BUSTED
YELLOW GAP 141'
N /
v
co
50
0
50
FOUND GUT "X" IN
GONRETE SIDEWALK
EASTERNMOST
CORNER OF BLOCK 5
/
FOUND I" PIPE 98
IN/NAIL
25.08'
14.-1'
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 Professional Land Surveyor
under the laws of the State of Iowa.
Seth A. Whitacre
Date 04/22/21 Reg. No. 18379
My license renewal date is December 31, 2021
Pages or sheets covered by this seal: 2
/ BLQGK5
.ORIGINATOWN
/ EAST SID NOF
CEDAR RIVER
/
4i
Dk
ry�
5 40°35'461" W — 110.01'
.O.B.
0.06 ACRES
TOTAL AREA
�J /00,
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): HOWARD L. ALLEN INVESTMENTS LLG.
REQUESTOR: GI,"`r OF iA1AThRLOO
LOCATION: A PART OF LOT 10 BLOCK 5 AND PART OF VACATED
WATER STREET BOTH IN THE ORIGINAL PLAT ON THE EAST SIDE
OF THE CEDAR RIVER, IN THE CITY OF WAItRLOO
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
8380 H360 1'=50' MS SAW 04/22/21 8590.20
REV. ALLEN EPSEMENTDNY SHEET 1 OF 2
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
TEMPORARY EASEMENT DESCRIPTION - THE EASEMENT GRANTED FOR
CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT 10 OF BLOCK 5 AND PART OF VACATED WATER STREET BOTH IN THE ORIGINAL
PLAT ON THE EAST SIDE OF THE CEDAR RIVER, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY,
IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY RIGHT OF WAY OF PARK AVENUE AND
THE NORTHEASTELRY RIGHT OF WAY OF VACATED WATER STREET; THENCE SOUTH 40°35'49" WEST
34.79 FEET; THENCE NORTH 49°19'43" WEST 25.08 FEET; THENCE NORTH 40°52'12" EAST 110.01
FEET; THENCE SOUTH 49°19'43" EAST 24.56 FEET; THENCE SOUTH 40°35'49" WEST 75.22 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.06 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. WHITAGRE
PROPRIETOR(S): HOWARD L. ALLEN INVESTMENTS LLG.
REQUESTOR: GlTY OF k ATE LOO
LOCATION: PART OF LOT 10 BLOCK 5 ORIGINAL TOWN $
VAGA 1 w WATER STREET EAST OF CEDAR RIVER
SURVEY TYPE: TEMPORARY EASEMENT
FILE
8380
REV.
BOOK
8380
SCALE
1"=50'
DRN
I5
CHK'D
SAW
ALLEN EASE1-IENTD1"6
DATE JOB NO.
04/22l21 854020
SHEET 2 OF 2