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HomeMy WebLinkAboutJRL Holding Company, LC -Temporary Easement Agmnt - 5/6/2024 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 .O, 1 2024 by and between JRL Holding Company LC ("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. 6 .,s 0, IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. For JRL Hold' Company e CITY OF WATERLOO, IOWA By: DAA b'v Quentin M. Hart, Mayor Attest: Kelley lchle, Cit Clerk STATE OF IOWA ) ss. BLACK HAWK COUNTY )) Acknowledged before me 0 .n_A j /i_ /7 , 2024, by f eke as for JRL Holding Co any L . �j ,.sw TIM ANDERA S g COMMISSION NO.772518 * MY COMMISSION EXPIRES /ow.. APRIL 11,2027 ry u llc STATE OF IOWA ) ss. BLACK HAWK COUNTY Acknowledged before me on , 202+ by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively, the City of Waterloo, Iowa. o"`'"�s BRITNI C PERKINS z COMMISSION NO.845529 ,Ir * MY COMMISSION EXPIRES IOWA JANUARY 27,2028 Not Public 7 Index Legend Location: Part of the Westl/2 of Sects on 14,T89 N,R 13 W of the 5th P.M.,City of Waterloo,County of Black Hawk,State of Iowa Requester: Gty of Waterloo,Iowa Proprietor: NIL Holding Company LC Surveyor: Michael R.Eagle Company: AECOM Michael R.Fagle,501 Sycamore street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mike.faglelWaecom.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 154 . AREA TEMPORARY EASEMENT = 2496 SQUARE FEET OF WHICH 1131 SQUARE FEET IS PERMANENT EASEMENT \ AREA TEMPORARY EASEMENT = 1365 SQUARE FEET \ 6� W.LINE E 1/2, �\ \ oS 1 SW 1/4,NW I/4� ,\ �'yQf.C94 PERMANENT '\ <cy�rr4, EASEMENT `\ P.0.8 4d'r�cys49p NW'LY LINE PARCEL DESC r r r IN DOC#2012-008870 \E 9 'P9r�r'O7C R \R�g7s Pg04,rC�� \ia TEMPORARY © / © qy )- A04 EASEMENT (3y. ,\A - ' \I <,,G\ o� \10 0" FND. 3/4" IRON PIN EASTERLY R.O.W.LINE CN (r4'F' \rso SE COR NW 1/4 RAILROAD FKA WATERLOO \�4, SEC.14-89-13W RAILROAD CO SOUTH LINE NW I/4 e�_ FND Q� .0.C. SEC. 14-89-13WI ` REBAR FND. 1" METAL MARKER W/YPC SW COR NW 1/4 - 17 • #9961 SEC.14-89-13W \ 16 a Thorson Avenue s, 0. 15 0 14 a t3 Bearing/Distance Temporary Easement 1 TO 2 N 89 ° 16 ' 14 " E 1283.95 ' 2 TO 3 N 49 ° 16 ' 38 " W 456.28 3 TO 4 N 49 • 16 ' 38 " W 62.85 4 TO 5 S 40 ° 43 ' 39 " W 38.00 ' 37.00'Record 5 TO 6 R=1457.50' ARC L= 43.43 CH=5 25°25'42"E CH L= 43.43 N 6 TO 3 N 63 ' 19 ' 48 " E 60.18 1 TO 7 N 89 • 16 ' 14 " E 2627.31 Date Signed 12-13-2022 I hereby certify that this Land Surveying document was prepared by ne or under my direct personal supervision and 100 200 300 400 s`o tEno r w> that I Sc,a duly Licensed Land Surveyor SEE SHEET 2 OF 2 /,>'.-+ -\-S., �iA�r't//111nnn+I of the State of]ova. FOR LEGAL DESCRIPTION ' a'„vo o.\o /YlJ 41/. 12-13-2022 SCALE I N FEET - eons I°. MICHAEL R.EAGLE Data License number 8505 "?''. `rows'*' My license renewal date is December 31,2022 A COM "'"" Pages or sheets covered by this seal i SHEET 1 OF 2 or seetEt 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 Description Temporary Easement Parcel 154: A parcel of land situated in part of East 1/2 of the Southwest 1/4 of the Northwest 1/4 of Section 14,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 Southwest Corner of the Northwest 1/4 of said Section 14;thence North 89° (Degrees)16' (Minutes)14" (Seconds) East(assumed bearing for the purpose of this description) along the South line of the Northwest 1/4 of said Section 14 a distance of 1283.95 feet to the Southwesterly right of way line of Broadway Street; thence North 49°16'38"West along said Southwesterly right of way line, 456.28 feet to the Point of Beginning;thence continuing North 49°16'38"West along said Southwesterly right of way line, 62.85 feet to a Northerly corner of a parcel of land described in Document Number 2012-008870 and recorded in the Office of the Black Hawk County Recorder;thence South 40°43'39"West along the Northwesterly line of said parcel of land 38.00 feet (37 feet record distance)to the Easterly right of way line of the Canadian National Railway(formerly the Waterloo Railroad Company), also being the beginning of a non-tangent curve concave Southwesterly having a 1457.50foot radius and a 43.43 foot long chord bearing South 25°25'42"East;thence Southeasterly along said curve also being said Easterly right of way line, a distance of 43.43 feet; thence North 63°19'48"East, 60.18 feet to the Point of Beginning. Containing 2496 Square Feet of which 1131 Square Feet is Permanent Easement. Area of Temporary Easement is 1365 Square Feet AECOM SHEET 2 OF 2