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HomeMy WebLinkAboutGreenwood - Temporary Easement Agmnt - 8.19.2024 Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of Atka q , 2024 by and between Robert J. Greenwood and Cheryl L. Greenwood. ("Grant4"), 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 or within 18 months of commencement of construction, whichever occurs first. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to excavate and regrade Sunnyside Creek (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. CITY OF WATERLOO,IOWA BY: QR�ISUvLyc Ct g 1IRobert J. GreLAdtagiL od Quentin M. Hart, Mayor Owner • Attest: Cheryl L. reenwood elley Felc ,City Clerk Owner STATE OF IOWA ) )ss. BLACK HAWK COUNTY ) Acknowledged before me on Lj Lt,(L t '?,(1 ?My2024,by Robert J.Greenwood and Cheryl L. GreenWabd. , a . aP.i c r�G ota • blic rut.0 (. STA'IOWA )ss. BLACK HAWK COUNTY ) Acknowledged before me o 2024, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,respect ely,of the City of Waterloo,Iowa. O F(3tAt , BRITNI C PERKINS x commisSION fd0.8455 s '� * Y COMMISSION 27,026F�E5 Yy tOWA 1 m k s Q = fl a Z _ 5_ a 7 = £m m E g a _ go- m a 8 m A s 0 o A . : o v a to . s 9712 Br ri Br or r 11476' , .lF C S� o c n0 j " \ tAT ttt 9 = 44, A 100.71' iW �uE �'� 107e;)- i o ao E o 3 2" 4Tp ° �ay �`_ LOT 110 % XXE _ �z 0o q _ _ nm ."P. x 1w yob-' .1D+�` 03 Bo Wa m m v Say o Mo O S^�Ll o \©to F�\Ll O 0 R Z $L . y 9 y o q _ 1➢T tOB & 1258Y 5 os m v_ Op `�'.3 Z1 i t Ti y 0 to D w A $ DD m A zS b' 1�. m O Loo 6'o o R OO Z ;w SV N A W N Y L Y U, A w N O r DA w W InZ Z < m T O Y 01 Y w. 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W » -aO_ C Q• N 0 O O .oi a •(...1 IDN PROJECT: Sunnyside Creek Drainage Improvements Project OWNER: Robert J. and Cheryl L.Greenwood OFFER TO DONATE FORM As owner(s)of real estate needed for the above-referenced project,and acknowledging the fact that we are entitled to just compensation for the subject property interests, nevertheless, we desire to donate the fee title acquisition land. We hereby waive such compensation rights and will promptly execute the necessary documents for the City of Waterloo,Iowa. This,donation to the City of Waterloo,Iowa,is made knowingly,voluntarily,and not under coercion or threat of any nature by the City of Waterloo or its agents. Before signing this form, we have had the opportunity to consult with our own legal and tax advisors. References in the singular number include the plural,and vice versa. 41- Robert J. Greenwo d Chery L.Gr nwood 71.2o (go -7 Date