HomeMy WebLinkAboutMidwest Pattern Company- Temporary Easement Agreement - 9.6.2022Prepared 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
lP , 2022 by and between Midwest Pattern Company ("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 $1,826.91, 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
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.
4. Access to Site. Grantor will provide and maintain a vehicular
ingress/egress drive of 3/4" road stone to the Grantee, as depicted in Exhibit "B", from West
10th Street to 84 West 11th Street during the duration of the project, or when access is once
again permissible from West 11th Street.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
MIDWEST PATTERN COMPANY
STATE OF IOWA
) ss
BLACK HAWK COUNTY )
•
Acknowledged before
4EVE Sl[imbilCfq j as
Company.
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
APRIL 11, 2024
CITY OF WATERLOO, IOWA
By:
Attest:
Quentin M. Hart, Mayor
Kelle
elchle, City Clerk
me on I{( r ..3 , 2022, by
of Midwest Pattern
ASI3OPIA MIT --r-
WAN'S31PiolealmmoJ
oommoz) rot r
,P 4—r
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 8 , 2022, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,
espectively, of the 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:
LOTS 10 & 13 OF AUDITOR FRANCIS
BAKER ADDITION, WATERLOO, IA
PROPERTY OWNER:
• MIDWEST PATTERN COMPANY
SITE ADDRESS:
102 W 11TH ST
WATERLOO, IA 50702
DATE OF SURVEY:
04-07-21
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
11TH STREET BRIDGE REPLACEMENT
LEGEND
• FOUND, AS NOity
TEMPORARY EASEMENT
PROPERTY/ROW LINE
- - - - - ORIGINAL LOT LINE
40
0
40
/ 0t.
/ v
/ N 13°12'10" E
/ 5 16'31'28" E
/ 24.11'
N 40°28'00" E
38 35'
N 31°56'S
26.81'
N 12°0
32134'
....G
Ob /.
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isiiiiiiiiiiiimmuir
meiiimimmor
3' W 4�Iry ���
111101111111111/0
UMW
WIN
1'32' W r .O.B.
ry0 FOUND REBAR
FOUND Xz°
REBAR
0.09 TOTAL
ACRES
1 hereby certify that this bend surveying document was
prepared and the related survey work was performed
by me or under my direct personal eupervisiou and
that 1 am a duly Iiuensed Professional Land Surveyor
under the laws of the State of Iowa.
Seth A Whitacre
Date 4/07/21 Reg. No. 18379
My license renewal date is December 31, 2022
Pages or sheets covered by thin seal: 2
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): MIDWEST PATTERN COMPANY
REQUESTOR: GITY OF WATERLOO
LOCATION: LOTS 10 4 13 AUDITOR FRANCIS BAKER ADD.
IN WATERLOO, BLACKHAWK COUNTY, IONA
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
8380 8300 1•=40' URM SAW 4/1rn B59020
REV. 0 MIDYEST.D SHEET I 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 NUMBERS 10 AND 13 IN AUDITOR FRANCIS BAKER ADDITION TO THE CITY OF
WATERLOO, IN BLACK HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT EASTERNMOST CORNER OF SAID LOT 10; THENCE SOUTH 40'54'29" WEST 24.70 FEET;
THENCE NORTH 12°07'32" WEST 32.84 FEET; THENCE NORTH 37°58'53" WEST 26.81 FEET; THENCE
NORTH 40'28'00" EAST 38.35 FEET; THENCE SOUTH 76'37'28" EAST 24.71 FEET; THENCE NORTH
73°12'10" EAST 57.90 FEET; THENCE SOUTH 40'54'29" WEST 98.94 FEET TO THE POINT OF
BEGINNING; CONTAINING 0.09 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): MIDWEST PATTERN COMPANY
REQUESTOR: CITY OF WATERLOO
LOCATION: LOTS 10 d 13 AUDITOR FRANCIS BAKER ADD.
IN WATERLOO, BLAGKHAWK COUNTY, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE
5380
REV. 0
BOOK
0380
SCALE
L_4,
DRN
_MA
CHK'D
SAW
MIDHESTDWi
DATE
4/1/21
SHEET
JOB NO.
059020
2 OF 2
Exhibit "B" Cont.