HomeMy WebLinkAboutJipson Enterprises, LLC - Temporary Easement Agreement - 4.17.2023Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo IA 50703 — (319) 291-4366
TEMPORARY EASEMENT AGREEMENT
T 's Temporary Easement Agreement (the "Agreement") is entered into as of
, 2023 by and between Jipson Enterprises LLC ("Grantor"), and the City
of aterloo, 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 October 30, 2023,
whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the intersection of South
Street and W 9th Street with a roundabout and make necessary 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.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
JIPSON ENTERPRISES LLC CITY OF WATERLOO, IOWA
By 4 1 By
1 Quentin M. Hart, Mayor
Title: OW rk.. -
STATE OF IOWA
) ss.
BLACK HAWK COUNTY ) /
Acknowledged before me on 1 Z$� , 2023, by Alin ti L- ,'pas
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of Jipson Enterprises LLC.
Attest:
Kelley l; lchle, City Clerk
0W r1e-r—
{ plAL
TRACIA S ROSS
COMMISSION NO. 811963
MY CQ iM SS,fON WIRES
STATE OF IOWA
) ss
BLACK HAWK COUNTY )
•
Acknowledged before me on
Notary Public
Kelley Felchle as Mayor and City Clerk, r
BRITNI C PERKINS
COMMISSION NO. MY COMMISSION EXPIRES
JANUARY 27, 2026
/ 7 , 2023, by Quentin M. Hart and
ectively, of the City of Waterloo, Iowa.
Index Legend
Location
Description:
Lot 1, J.B. Shanewise Plat
City of Waterloo, Iowa
Requestor:
Proprietor:
Surveyor:
Surveyor
Company:
Return To:
Jamie Knutson, City of Waterloo
SLS Management LLC
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 291-4312
w
(7.07')
(S 04°0T45" E)
POC
(5.00')
(S 49°07'45" E)
Temporary Construction Easement
Lot 1, J.B. Shanewise Plat
City of Waterloo, Black Hawk County, Iowa
LOT2
J.B. SHANEWISE PLAT
(5.00' S 49°07'45" E)
88.45'
LOT 1
J.B. SHANEWISE PLAT
(2.93' N 04°07'45" W)
(81.38' N 49°07'45" W)
\\\\\\NNNNNNNNNNNN\
POB
(83.45' S 49°07'45" E)
SOUTH ST
80' PUBLIC RIGHT-OF-WAY
(5.00')
(N 40°52'15" E)
c 10 20
Scale: 1 inch = 20 feet
Easement Description:
A Temporary Construction Easement over, upon, and across that part of Lot 1, J.B. Shanewise Plat, City of Waterloo, City of Waterloo, Black Hawk
County, State of Iowa, described as follows:
Commencing at the southwesterly comer of said Lot 1; thence South 49'07'45" East 5.00 feet along the southwesterly line of said lot 1 to the Point of
Beginning; thence continuing South 49°07'45" East 83.45 feet along the southwesterly line of said Lot 1 to the southeasterly comer of said Lot 1;
thence North 40°52'15" East 5.00 feet along the southeasterly line of said Lot 1; thence North 49°07'45" West 81.38 feet; thence North 04°07'45' West
2.93 feet; thence North 40°5215" East 74.93 feet to the northeasterly line of said Lot 1; thence North 49°07'45" West 5.00 along the northeasterly line
of said Lot 1 to the northwesterty comer of Lot 1; thence South 40°52'15" West 77.00 feet along the northwesterly line of said Lot 1; thence South
04°07'45" East 7.07 to the Point of Beginning, containing 817 square feet.
PRE
I hereby certify that this 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
Land Surveyor under the laws of the State of Iowa.
LIMINARY
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2023.
Pages or sheets covered by this seal : _
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Plat Legend:
• Found Monument
O Set 5l8" x 24" Reber wBlue Cap "Iowa - 19715"
:t Cut "X" in concrete, found or set
uses Record Measurement
nn.ssY Field Measurement
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North Zone, NAD 83
(2011).
2. All dimensions are in US Survey feet and decimals thereof.
Drawn By: WWC Scale:
Field Work Date: --
Date Drawn: 5-24-2022
Sheet No.
1 of 1