HomeMy WebLinkAboutFischels Holding, LLC - Temporary Easement Agreement - 9/5/2023 Prepared by:Aric Schroeder,Cih'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
a C , 2022 by and between Fischels Holdings LLC("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$210.87,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 Ditties 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.
FISCHELS HOLDINGS LLC CITY OF WATERLOO, IOWA
��� -I1pp•o Io Gau icy . a 15/2t,
By: C i`�1 �y� By: Cati,
Quentin M.Hart, M or
1 n
Title: y Y', 7 .�'Y,/�
Attest: _
Kelley Felchl Clerk
STATE OF IOWA )
ss.
BLACK HAWK COUNTY )
Acknowledged before me onbp_,_ F , 2022, by t,4e, 1 - a
of Fischels Holdings LLC. fPaA`@ pEgRA MARIE BORWIG
(` � *N* CMYCOMMISSIO EXPIRES
o
V 'owa �I Le `5-
Notary Public
(2i)
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on a/hb€r" d{ , 2021, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively, of the City of Waterloo, Iowa.
o �* BRITNI C PER NKI S
COMMISSION NO.845
IOWA*m MY COMMISSION EXPIRINSp u
JANUARY 27,2026
Index Legend
Location Lot 8,Block 1,Miller's Addition to Waterloo
Description: City of Waterloo,Iowa
Requestor: Jamie Knutson,City of Waterloo
Proprietor: Fischels Holdings LLC
Surveyor: William W.Castle
Surveyor City of Waterloo Engineering Department
Company: 715 Mulberry Street,Waterloo,IA 50703
Return To: 715 Mulberry St,Waterloo,IA 50703 291-4312
Temporary Construction Easement
Lot 8,Block 1,Miller's Addition to Waterloo
City of Waterloo,Black Hawk County,Iowa
SOUTH ST
80'PUBLIC RIGHT-OF-WAY
FD.
FD. 83.5'(82.28') OPEN PIPE
OPEN PIPE (S 49°0745"E)•
\ \\
\ (77.3')
\NI
4
O iv
z NORTHEAST 100 FT, LOT 7,BLOCK 1
- LOT 8,BLOCK 1 0
CI) v o o MILLER'S ADDITION
MILLER'S ADDITION TO WATERLOO
N1 TO WATERLOO
NNI
4 0NIN
ro
NIN
NTNI
83.5' 0 10 20
(5') Scale: inch=20 feel
Easement Description:
A Temporary Construction Easement over,upon,and across,the northeasterly 5 feet and the southwesterly 5 feet of the North 100 feet
of Lot 8,Block 1,Miller's Addition to the City of Waterloo.City of Waterloo,Black Hawk County.State of Iowa.
Said Temporary Construction Easement contains 886 square feet.
I hereby certify that this surveying document was prepared Plat Legend:
and the related survey mirk was performed by me Cr under • Found Monument
my direct personal supervision and that I am a duly licensed 0 Set 5/8'x 24'Reber waste Cap'Iowa-19715"
Land Surveyor under the laws of the Slate of Iowa. N Cut'X'in concrete,found or set
I i MIN>�R'' } +nis Record Measurement
Y tl2s.4sr Field Measurement
William W.Castle,PLS Date Survey Notes:
License Number 19715 1. The Bearings shown on this survey are derived from GPS observations
My License Renewal Date Is December 31,2023. using the Imva Slale Plane Coordinate System,North Zone,NAD 83
(2011).
Pages or sheets covered by this seal:
2. All dimensions are in US Survey feet and decimals thereof.
City of Waterloo Engineering Department Drawn By:WWC Scale: Sheet No.
715 Mulberry Street,Waterloo, Iowa 50703 Field Work Date:-- of i
Phone:(319)291-4312 Fax:(319)291-4262 Date Drawn:5-19-2022 — —