HomeMy WebLinkAboutHawkeye Community Foundation - Temporary Easement Agreement - 1.3.2023Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (3 19)291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
to , 2022 by and between Hawkeye Community Foundation, 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, 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 July 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 Hammond Avenue Sink
Creek Bridge and make necessary utility and grading 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.
HAWKEYE COMMUNITY
FOUNDATION, INC.
[Additional Seller name or Attest]
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
CITY OF WATERLOO, IOWA
By:
�Q�ueentin M. Hart, Mayor
Attest: �,C.r-r, A.,t
Kelley elchle, City Clerk
ANNETTE STAP'
COMMISSION NO.
MY COMMISSION EXF
OCTOBER 11, 2025
Acknowledged before me on I a' S , 2022, by na 5-5b491t. and
, [as of Seller].
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on :)61/4.-rti 41 2-0 2-3 , 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 CIIM tISS1ON PIRES
o�
r• 1AT2 3TT3VMA
-.8.0V S OI&1MMO
d502.rf Ff:;80I:70 rici�
INDEX LEGEND
General Description: Part of the MW 1/4 of Sec. 23—TBBN—R13W, Waterloo
Surveyor. David L Schell (#16775)
Surveying Company. Wayne Claassen Engineering & Surveying, Inc.
2705 University Avenue (P.O. Box 89a)
Waterloo, Iowa 50704
(319)235-6294
Survey Requested By. City of Waterloo
Proprteton Hawkey* Community College Foundotion, Inc.
Far County Recorders use.
ACQUISITION PLAT
Hammond Avenue Right —of —Way Acquisition
LEGAL DESCRIP110N
Hammond Avenue Right —of —Way Acquisition
SHEET 1 OF 2 \
That part of the Northwest Quarter (NW 1/4) of Section Twenty—three (23), Township Eghty—eight North (T88N), Range
Thirteen West (R13W), of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows:
Commencing at the Northwest comer of aforesaid Northwest Quarter (NW 1/4); thence S00'09'37"E Six Hundred Sixty—one
and one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South line of Parcel "M", Document No. 2005-18840 in the Black Hawk County Recorders Office, and to the point of
beginning; thence continue 500109'37"E Six Hundred Sixty—one and and One Hundredth (661.01) feet still along said West
line to the Southwest corner of the South Half (S 1/2) of aforesaid Northwest Quarter (NW 1/4); thence S0O'09'12"E
Twenty—one and Fifty—seven Hundredths (21.57) feet along said West line; thence N89'50'43"E Thirty—three (33.00) feet to
the East right—of—way Line of Hammond Avenue; thence continue N89'50'43"E Ten (10.00) feet; thence N1652'14"E Three
Hundred Fifty—six (356.00) feet; thence N0606'00'W Two Hundred (200.00) feet; thence N15'30'19'N One Hundred
Forty—nine and Twenty—two Hundredths (149.22) feet to aforesaid South line of said Parcel "M"; thence 589'25'37'W
Eighty—seven and Eight Hundredths (57.08) feet along said South line, and along the Westerly extension thereof, to the
point of beginning containing 1.72 acres.
LEGAL DESCRIPTION
Temporary Construction Easement
An Easement for temporary construction purposes over, under and across that part of the Northwest Quarter (NW 1/4) of
Section Twenty—three (23), Township Eighty—eight North (T88N), Range Thirteen West (Ri3W), of the Fifth Principal Meridian,
Waterloo, Black Hawk County, Iowa. described as follows:
Commencing at the Northwest corner of aforesaid Northwest Quarter (NW 1/4); thence S00'09'37"E Six Hundred Sixty—one
and one Hundredth (661.01) feet along the West line of said Northwest Quarter (NW 1/4) to the Westerly extension of the
South line of Parcel M. Document No. 2005-18840 in the Black Hawk County Recorders Office; thence continue
500'09'37"E Six Hundred Sixty—one and and One Hundredth (661.01) feet still along said West line to the Southwest comer
of the South Half (S 1/2) of aforesaid Northwest Quarter (NW 1/4); thence SOO'09'12"E Twenty—one and Fifty—seven
Hundredths (21.57) feet along said West line; thence N89'50'43"E Thirty—three (33.00) feet to the East right—of—way Line
of Hammond Avenue and to the point of beginning; thence continue N89'50'43"E Ten (10.00) feet thence N1652'14"E
Three Hundred Fifty—six (356.00) feet; thence NO6'05'0014 Two Hundred (200.00) feet thence N15'30'19"W One Hundred
Forty—nine and Twenty—two Hundredths (149.22) feet to aforesaid South line of said Parcel "M"; thence N89'25'37"E
Forty—seven and Forty—two Hundredths (47.42) feet along said South line; thence S20'09'24'E One Hundred Forty—three and
Thirty—two Hundredths (143.32) feet; thence 806'06'00"E Four Hundred Eighty—eight and Five Hundredths (458.05) feet;
thence 56741'30'W One Hundred Ninety—four and Eighty—two Hundredths (194.82) feet thence S89'50'43'W Twenty and
Fifty—seven Hundredths (20.57) feet to the East right—of—way line of Hammond Avenue; thence N00'09'12'W Ten and One
Hundredth (10.01) feet along said East right—of—way to the point of beginning containing 1.33 acres.
NOTES:
1. The basis of bearings for this Plat of Survey is the West
line of the MW 1/4 assigned a bearing of S00'09'37"E as
per Iowa State Plane Coordinate System, North Zone, 2011
adjustment.
E
SFIELD BOOK
746-01
CERTIFICATION
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 1 am a duly Licensed Land Surveyor under the laws of the State of Iowa.
Signature:
David L Schell. P.LS.
Date 20 License No 16775
Pages or Sheets Covered by this Seal- 2
My license renewal date is December 31. 2022
ON 311J S3O
N
V
N
0
WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294
(FAX) 319-235-0028
P.O. BOX 898 WATERLOO, IOWA 50704-0898
100
1 INCH = 100 FEET
POINT OF COMMENCEMENT,
MN CORNER,
SEC. 23-788N-R13W
(FOUND 1/2' REBAR)
Doc. No. 2017-15850
ACQUISITION PLAT
Part of the NW 1/4 of Sec. 23-TBBN-R13W,
Waterloo, Black Hawk County, Iowa
Survey for: City of Waterloo
Proprietor. Hawkeye Community College Foundation, Inc.
POINT OF_/
BEGINNING
ACOUISI11ON
Hammond Avenue
(FOUND PIN & ORANGE \�
CAP j23212)�_
C
E W 1/4 CORNER,
SEC. 23-TBBN-R13W b
(FOUND MAG NAIL o
& WASHER) z
Doc. No. 2017-17825 /
FIELD BOOK 746-01
e
8
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n
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N Parcel -M.
Doc. No. 2005-18840
V
F589.57.17
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SOUTH UNE,
PARCEL
137.33'
(87.08') -.
S89'25'37'W '
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33'
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Area
(Net 1.20 Acres)
(ROW 0.52 Acres)
(Total 1.72 Acres)
c 1
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c 1
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3 o I
1a
1
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2
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6 W ^
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(47.42')
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SURVEY LEGEND:
000.00 DENOTES RECORD DIMENSION
(000.00) DEMOTES FIELD DIMENSION
Parcel 'LDoc No. 2005-18840
N8957'17'E-1153.41'
LINE TABLE
LINE
DISTANCE
BEARING
1
(21.57')
(500'09'12E)
2
(33.00')
(N89'50'4SE)
33'
3
(10.00')
(N89'50'43E)
4
(10.01')
'N0009'12'W)
S 1/2, NW 1/4
,SOUTH UNE, 5 1/2, NW 1/4
N89'54"35"E-1323.54'
0
POINT OF BEGINNING,
\I TEMP. CONSTRUCTION EASE.
‘(20.57')
(589'50'43'W)
ON 31I3 S30
rJ
0