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Home My WebLink AboutUS Bank National Association - Temporary Easement Agreement (unsigned) - 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 �Anu 3 , 2022 by and between U.S. Bank National Association, successor by merger to M rcantile Bank of Northern Iowa ("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 $1,268.47 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 the earlier of: (i) two (2) years after the date of this Agreement; or (ii) conclusion of all construction, cleanup, and demobilization activities upon the Premises (the "Easement Term"). 2. Purpose. The Temporary 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 Temporary Premises, and that Grantor shall have no liability relating to the Temporary Easement or the Improvements except as may arise from the Grantor's own grossly negligent acts or omissions or willful misconduct. 3. Grantor Duties and Privileges. Grantor shall deliver possession of the Temporary 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 Premises in any way for Grantee's use. During the Easement Term, Grantor shall have no further duty or obligation with respect to the Temporary Premises, except as set forth herein. 4. To the extent allowed by law, Grantee, its employees, agents and contractors hereby indemnify and hold Grantor harmless from and against any injury, expense, damage, liability or claim incurred by Grantor arising directly or indirectly from the entry rights granted by Grantor to Grantee under this Agreement or any act or omission by Grantee, its agents, employees, servants, contractors, or any other person entering upon the property under express or implied invitation or consent of Grantee. Grantee further agrees to reimburse Grantor for any costs or expenses, including, but not limited to, court costs and reasonable attorney's fees, incurred by Grantor with respect to any such injury, expense, damage, liability or claim. 5. At all times, Grantee, or any vendor entering upon the Temporary Premises, shall maintain at its own cost and expense, a policy of commercial general liability insurance, including contractual liability covering its obligations under this Agreement, with a minimum coverage of $1,000,000 per occurrence and not less than $2,000,000 annual aggregate as to the Temporary Premises. Grantee shall also carry automobile liability coverage, and all required worker's compensation insurance. All liability policies shall also name Grantor as an additional insured. Such insurance shall be purchased from an insurance company licensed to do business in the state where the Temporary Premises is located, with an A.M. Best rating of not less than A-X, and shall be placed with such company and upon such forms as Grantor shall approve. 6. Grantee shall not interfere with Grantor's use and enjoyment of its property. In light of the fact that Grantor operates a retail facility on its property, Grantee shall not (i) block or in any way restrict access to or from Grantor's property; (ii) otherwise cause Grantor's operations on its property to be interfered with or interrupted; or (iii) store material, equipment, or use the Temporary Premises for a staging area. Grantee shall restore the Temporary Premises and return it to Grantor is the same or better condition. All access to the property must be coordinated through the Facility Manager, Mary Malloy, which contact information is on file with the Grantee. [signature page follows] IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized representatives as of the date first set forth above. U.S. BANK NATIONAL ASSOCIATION CITY OF WATERLOO, IOWA By: QQerY>r !- Title: M(11 0 STATE OF ) ss. COUNTY) By: Quentin M. $art, Mayor Attest: \LA 911, Kelley F hle, City Clerk Acknowledged before me on , 2022, by Association. STATE OF IOWA as ) ss BLACK HAWK COUNTY ) • of U.S. Bank National Notary Public Acknowledged before me on `I , 2022, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respecti e1y, of the City of Waterloo, Iowa. NANCY HIGEY COMM!SSION NO.788229 MY G(i ls.IL241 M EXHIBIT A [see following two (2) pages] 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 1 IN BLOCK 1 AND PART OF VACATED CEDAR STREET, ORIGINAL PLAT, WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO PROPERTY OWNER: MERCANTILE BANK SITE ADDRESS: 425 CEDAR STREET WATERLOO, IOWA 50703 DATE OF SURVEY: 02-17-21 BASIS OF BEARING: IOWA STATE PLANE COORDINATE SYSTEM - NORTH ZONE (NADB3) Exhibit "A" LEGEND ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA PARK AVENUE BRIDGE REPLACEMENT • FOUND, AS NOTED TEMPORARY EASEMENT PROPERTY/RON LINE ORIGINAL LOT LINE 5 84°48'17" E 9.52' N 05°11'43" E 20.00' N 84°48'17" W \ 37.30' \ \ TRACT B \ 0.01 TOTAL \ ACRES 0 BLOCK I \ • c (, ,I, / R9/ o \ / 3j6„ N / \/ 5 49°03'.16" E 17/\ N N 41 ° 12'04" E 16.95' /�\ / \ • / \ /\ k/ / 1, NORTHEAST R.O.W. VACATED CEDAR STREET 5 44°03'I9'/E 34.23' / / FRACT1ONAL/ \`// '.O.B. BLOGK/ (TRACT B) / / 0 N 48°47'56" W 10.50' N 00°20'51" E \ 8.89' / 0 / N 48°47'56" / S.37' OV0, �N�ry4�. • 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. 9f the State of Iowa. S i A GSA' Seth A. Whitacre Date 04/15/21 Reg. No. 18379 My license renewal date is December 31, 2022 Pages or sheets covered by this seal: 2 �ry TRACT A 0.03 TOTAL ACRES SETH A. aWHITACRE I l; 15379 22.34' \ 0• � • \ 40 \ �O. P.O.C. •'y INTERSECTION OF PARK AVE. AND VACATED CEDAR ST. 5 41°04'05" W 15.00' P.O.B. (TRACT A) INTE FOUND GUT "X" IN GONRETE D GUT R.O.W.. TION 0 40 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): MERCANTILE BANK REQUESTOR: GITY OF wATERLOO LOCATION: PART OF LOT 1 IN BLOCK 1 AND PART OF VACATED OTECDAIVEIN STREET, GITY OF WAi <LO SURVEY TYPE: TEMPORARY EASEMENT FILE BOOK SCALE DRN CHK'D DATE JOB NO. 8580 8380 1°=40' MS SAN 04/15/21 H590.20 REV. I MERCANTILE BANK EASEMEHTD/i5 SHEET 1 OF 2 Exhibit "A" Cont. ACQUISITION PLAT OF TEMPORARY EASEMENT BEING CONVEYED TO THE CITY OF WATERLOO, IOWA PARK AVENUE BRIDGE REPLACEMENT DESCRIPTION — TEMPORARY EASEMENT THE EASEMENTS GRANTED FOR CONSTRUCTION PURPOSES ARE TO LAND DESCRIBED AS FOLLOWS: TRACT "A" — A PART OF LOT 1 IN BLOCK 1 AND PART OF VACATED CEDAR STREET, ALL IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PRESENTLY ESTABLISHED NORTHWESTERLY RIGHT OF WAY OF PARK AVENUE AND THE NORTHEASTERLY RIGHT OF WAY OF VACATED CEDAR STREET; THENCE SOUTH 41°04'05" WEST 15,00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 41°04'05" WEST 129.21 FEET; THENCE NORTH 48°47'56" WEST 6.37 FEET; THENCE NORTH 41°12'04" EAST 105.40 FEET; THENCE NORTH 00°20'51" EAST 8.89 FEET; THENCE NORTH 48°47'56" WEST 10.50 FEET; THENCE NORTH 41°12'04" EAST 16.98 FEET; THENCE SOUTH 49°03'16" EAST 22.39 FEET TO THE POINT OF BEGINNING; CONTAINING 0.03 ACRES, MORE OR LESS. TRACT "B° — A PART OF VACATED CEDAR STREET, IN THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO, BLACKHAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE PRESENTLY ESTABLISHED NORTHWESTERLY RIGHT OF WAY OF PARK AVENUE AND THE NORTHEASTERLY RIGHT OF WAY OF VACATED CEDAR STREET; THENCE SOUTH 41°04'05" WEST 15.00 FEET; THENCE NORTH 49°03'16" WEST 125.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 84°48'17" WEST 37.30 FEET; THENCE NORTH 05°11'43" EAST 20.00 FEET; THENCE SOUTH 84°48'17" EAST 9.52 FEET; THENCE SOUTH 49°03'16" EAST 34.23 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01 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): MERCANTILE BANK REOUESTOR: CITY oF-ATERLoo LOCATION: PART OF LOT I IN BLOCK I AND PART OF VACATED CEDAR STREET ORIGINAL PLAT WEST SIDE OF THE CEDAR RIVER IN 1 HE CITY OF NA i PLAT, SURVEY TYPE: TEMPORARY EASEMENT FILE 8380 BOOK 8380 SCALE 1._40' DRN M5 CHK'D 5AY4 DATE 04/15/21 JOB NO. 859020 REV. MERCANTILE BANK EAs-1ENT.YI6 SHEET 2 OF 2