HomeMy WebLinkAboutFDP OC, LLC - Temporary Easemenet Agreement - 3.21.2022Prepared 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
rin 7-1 , 2022 by and between FDP OC, 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 $990.55, 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. 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.
FDP OC, LLC CITY OF WATERLOO, IOWA
By:
Title:
By:
c
Attest:
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged
before
as
tom. TIM ANDERA
COMMISSION NO. 772518
* MY COMMISSION EXPIRES
,oAPRIL 11, 2024
STATE OF IOWA
) ss.
BLACK HAWK COUNTY )
me
Quentin M. Hart, Mayor
on go ,,/ .Z , 2022, by
DP OC, LLC
otary 'uullc
Acknowledged before me on 41 L . , 2022, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa.
NANCY HIGBY
COMMISSION NO.788229
MY C MISSION EXPIRES
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PROJECT: Park Avenue Bridge Replacement (BRM-CHBP-8155(771)--
NB-07)
PARCEL: 503 Commercial Street
OWNER: FDC OC, LLC
OFFER TO DONATE FORM
As owner(s) of real estate needed for the above -referenced project and parcel, and
acknowledging the fact that we are entitled to just compensation for the subject property
interests, nevertheless, we desire to donate the storm sewer easement. We hereby waive such
compensation rights and will promptly execute the necessary documents for the City of
Waterloo, Iowa.
This donation to the City of Waterloo, Iowa, is made knowingly, voluntarily, and not under
coercion or threat of any nature by the City of Waterloo or its agents. Before signing this
form, we have had the opportunity to consult with our own legal and tax advisors. References
in the singular number include the plural, and vice versa.
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY ) q
Acknowledged before me on idni �C. , 2022, by
and
Notary Public
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
APRIL 11, 2024
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Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
PARK AVENUE BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT 18 OF MILL SQUARE, THE WESTERLY FIVE FEET OF LOT 34 OF MILL SQUARE AND
VACATED PARK AVENUE ADJACENT TO MILL SQUARE IN THE CITY OF WATERLOO, IOWA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT CUT A 'X'AT THE INTERSECTION OF THE PRESENTLY ESTABLISHED SOUTHWESTERLY
RIGHT OF WAY OF CEDAR STREET AND THE PRESENTLY ESTABLISHED SOUTHEASTELRY RIGHT OF
WAY OF PARK AVENUE; THENCE SOUTH 49°03'16" EAST 49.09 FEET; THENCE SOUTH 41°12'04" WEST
13.77 FEET; THENCE NORTH 48°51'32" WEST 35.94 FEET; THENCE SOUTH 41°08'28" WEST 35.98
FEET; THENCE NORTH 48°47'56" WEST 13.07 FEET; THENCE NORTH 41°04'05" EAST 49.57 FEET TO
THE POINT OF BEGINNING; CONTAINING 0.03 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): FDP OG, LLG.
REQUESTOR: CITY OF wAThRLoo
LOCATION:PART OF LOT IS, WESTERLY 5 FEET OF LOT 34
MILL SQUARE AND VAGA 1 tU PARK AVE WEST OF RIVER
SURVEY TYPE: TEMPORARY EASEMENT
FILE I BOOK SCALE I DRN K'D DATE JOB NO.
I SAW 02JIV21 I 8510.20
8380 8380 I'=20 MS
REV. 0 FDP OG LLG EA5EFIENTDYIG SHEET 2 OF 2