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Home My WebLink AboutGreen Door Properties, LLC - Temporary Easement Agreement - 3.4.2024 CITY OF WATERLOO ....1740 Planning & 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 -k(1,1 4 , 202i- by and between Green Door Properties 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, 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. • • e:ra • 4 CITY OF WATERLOO 7-47 Planning & 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. Green Door Properties LLC CITY OF WATERLOO,- IOWA BY:4-01-0---AA, .a.wJ By: t.). 4J�� — Va Quentin M. Hart, Mayor Its: (_,s 0 , 4 Attest: t e/te.6("Li Kelley Felchle City Clerk STATE OF IOWA ) ) ss. BLACK HAWK COUNTY Acknowledged before me on ri /� , 2021, by .4/./ ekv, as ' 0%✓�F for Green Door Properties LLC. .9°41 TIM ANDERA $ COMMISSION NO.772518 } * * MY COMMISSION EXPIRES kWh APRIL 11,2024 Notary Public STATE OF IOWA ) ) ss. BLACK HAWK COUNTY Acknowledged before me on I V(i,4) Cj , 202+, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. tiPR�AL SS BRITNI C PERKINS = COMMISSION NO.845529 Pub i *; ,* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 • �s�A f' A51i t4— MIT ifj:.zct S :. Yr itiOlaalmM{ :) e r r c� iX sYr� '.iMiN10`YM * 43.0c 'P.DfltiA Index legend L.oca0on: Part of the SE 1/4 of the SW 1/4 of Section 10,T89 N, R 13 W of the 5th P.M.,City of Waterloo,County of Black Hawk,State of Iowa Requestor: City of Waterloo,Iowa Proprietor Green Door Properties LLC Surveyor: Michael R.Fagle Company: AECOM Michael R.Eagle,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mike.fagle@aecom.com-319-232-6531 PREPARED BY:MICHAEL R.EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA,50703, 319-232-6531 TEMPORARY EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO. 975 WATERLOO, IOWA PROJECT PARCEL 105 SEE SHEET 2 OF 2 FOR BEARING-0[STANCE TABLE AND DESCR IPTION AREA TEMPORARY EASEMENT = 9161 SQUARE FEET 1/2\ REBAR NE COR. SE 1/4 SW 1/4 SEC. 1O-89-13W I �nT 0 T,,p 1 9rG� 6 '1 9090� pt yF,Q 9f I Ts C 4 I C9C SW'LY R.O.W AFT 0 LINE BROADWAY I Cj/ STREET ® 1/45 Vq‹ j < � 9I< tit,4 O j O 9QI�gy jj rQ 99 ti1PO 9 SSG. O �' TEMPORARY EASEMENT O 1 P.O.B. TE FND PINCHED PIPE I E LINE OF THE FND. PK NAIL I� SE 1/4 SW 1/4 SE COR. SW 1/4 SEC. 10-89-13W SEC. 1O-89-13W I C) I hereby certify that this Land Surveying 0 50 100 150 200 document was prepared by me or under my direct personal supervision and --= .n iAmo ,, that 1 an a duly LicensedL Land Surveyor / ^n.'V ' /V( 5 q±� y�af he State of13 lov202. SCALE IN FEET _;.��E�o.`•_q; /JrJ/IILILiR!/ "1(h4KY 9-13-2022 % esos / I MICHAEL R.EAGLE Date License outer a505 license renewal date is December 31,2022 AECOMPagee MIN s sheets covered by his seal: SHEET 1 OF 2 ors SHHEET PREPARED BY:MICHAEL R.EAGLE, AECOM, 501 SYCAMORE STREET, SUITE 222, WATERLOO, IOWA,50/03, 319-232-6531 TEMPORARY EASEMENT IN THE NAME OF THE CITY OF WATERLOO, IOWA TITUS LIFT STATION AND FORCE MAIN CITY CONTRACT NO. 975 WATERLOO, IOWA Description Temporary Easement Parcel 105: A parcel of land situated in part of the Southeast 1/4 of the Southwest 1/4 of Section 10, Township 89 North, Range 13 West of the 5th P.M., City of Waterloo, County of Black Hawk, State of Iowa, more particularly described as follows. Commencing at the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence North 01° (Degree) 07' (Minutes) 40" (Seconds) West (assumed bearing for the purpose of this description) along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 794.11 feet to the Point of Beginning; thence North 49°14'50" West, 162.20 feet; thence North 40°41'02" East, 70.00 feet to the Southwesterly right of way line of Broadway Street; thence South 49°14'50" East along the Southwesterly right of way line of Broadway Street, 99.52 feet to the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10; thence South 01°07'40" East along the East line of the Southeast 1/4 of the Southwest 1/4 of said Section 10, a distance of 94.02 feet to the Point of Beginning. Containing 9161 square feet. BEARING / DISTANCE TEMPORARY EASEMENT 1 TO 2 N 01 ° 07 40 " W 794.11 2 TO 3 N 49 ° 14 ' 50 " W 162.20 3 TO 4 N 40 ° 41 02 " E 70.00 4 TO 5 S 49 ° 14 ' 50 " E 99.52 5 TO 2 S 01 ° 07 40 " E 94.02 1 TO 6 N 01 ° 07 ' 40 " W 1325.40 LC0M SHEET 2 OF 2