HomeMy WebLinkAboutMarta Sulentic - Temporary Easement Agreement - 6.20.2023 CITY OF
(9 WATERLOO
Planning R Zoning
Prepared by: Noel Anderson, 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 Juykk, 20• "I to
2023 by and between Marta M Sulentic ("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
October 30, 2024, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its
employees, contractors and agents, to construct Titus Lift Station Improvement and Force Main
project 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.
CITY OF
kt, Vr
WATERLOO Y,JPlanning & Zoning ,
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their
duly authorized representatives as of the date first set forth above.
Marta M Sulentic CITY OF WATERLOO, IOWA
c ^ By: tAivL�"'+cti1'"
// Quentin M. Hart, Mayor
=t. TRACIA S ROSS '
A*_° y COMMISSION NO.81196{ Attest: r
Ilie
l /0 * MYC�OM31SA0 EXPIRES Kelley Felchle City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on May Z1v , 2023, by as Marta M Sulentic
•
otary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on 2 c� , 2023, by Quentin M. Hart and Kelley Felchle
as Mayor and City Clerk, respectively,_ f the'City of Waterloo, Iowa.
,es ts„, BRITNI C PERKINS
_-' COMMISSION NO.845529
* """ * MY COMMISSION EXPIRES
IOWA JANUARY 27,2026
Not ry Pu is
t r ac Ur1u A€3AAT S
'E3.0,04 o 3taeltvimu;31
? iota."4 in,37110f.1CQ T.^ I* nr i
350c <=th;iW
0