HomeMy WebLinkAboutGeorge and Carol Clark - Temporary Easement Agmnt - 4.17.2023Prepared by: Aric Schroeder, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 — (319) 291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
isu , 223 by and between George Clark and Carol Clark ("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 $133.44, 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.
GEORGE AND CAROL CLARK
STATE OF IOWA
) ss
BLACK HAWK COUNTY )
•
CITY OF WA I'ERLOO, IOWA
BY: t
Attest:
Quentin M. H. !M
elley Felchle, City Clerk
CRYSTAL L MINGUS
COMMIISSIONNO.807807
MY
pstAmmiSpIpN
s RES
ld
Acknowledged before me on AOVP i 3 , 2022, by George Clark and Carol Clark,
Notary P blic
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on
Kelley Felchle as Mayor and City Clerk, reectively, of the City of Waterloo, Iowa.
BRITNI C PERKINS
COMMISSION NO. 845529
MY COMMISSION EXPIRES
JANUARY 27, 2026
, 2022, by Quentin M. Hart and
` A
Ei,.‘I,,/ib'lt A
Index Legend
Location
Description:
Northeast 56 Feet
Lot 1, Block 11, Doe's Addition
City of Waterloo, Iowa
Requestor:
Jamie Knutson, City of Waterloo
Proprietor:
George & Carol Clark
Surveyor:
Surveyor
Return To:
William W. Castle
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
715 Mulberry St, Waterloo, IA 50703 291-4312
Temporary Construction Easement
Northeast 56 feet, Lot 1, Block 11, Doe's Addition
City of Waterloo, Black Hawk County, Iowa
SOUTH ST
80' PUBLIC RIGHT-OF-WAY
120'(120.92,') _ _ ___ _ (S 48°59'32" E) __ _ _ FD.
60' (60.46') 60' (60.46') OPEN PIPE
FD. (5.00') N,..._\���•
OPEN PIPE (55.50')
v
\\ Q
1� w ~ O
NORTH 56 FT. 1� ` m .0 = _
LOT 1, BLOCK 11 � '\� Lo u o
DOE'S ADDITION o Q 01 U
z . 11
a
LOT 2,BLOCK 11 h bb
03
DOE'S ADDITION '^\
0 10 20
Scale: 1 inch = 20 feet
60'
(5.00')
SOUTH 44 FT. OF
THE NORTH 100 FT.
LOT 1, BLOCK 11 o N
a
DOE'S ADDITION - 5
v
e
60'
FD.
OPEN PIPE
Easement Description:
A Temporary Construction Easement over, upon, and across, the northeasterly 5 feet and the southeasterly 5 feet of the North 56 feet of Lot 1, Block
11, Doe's Addition, City of Waterloo, Black Hawk County, State of Iowa.
Said Temporary Construction Easement contains 556 square feet.
PREI
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.
JMINARY
William W. Castle, PLS
License Number 19715
My License Renewal Date is December 31, 2023.
Pages or sheets covered by this seal
Date
Plat Legend:
• Found Monument
O Set 5l8' x 24" Reber wlBlue Cap "Iowa - 19715"
El Cut "X" in concrete, found or set
axis Record Measurement
n2e.+5l5 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.
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Drawn By: WWC Scale:
Field Work Date: --
Date Drawn: 5-19-2022
Sheet No.
1 of 1