HomeMy WebLinkAboutEleventh and Sycamore Condo Assoc _ Villalpando - Temporary Easement Agreement - 1.21.2025Prepared 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
0,hucvm 211 .02,s, by and between The Eleventh and Sycamore Condo Association
("Grantorl and the City of Waterloo, Iowa ("Grantee"). Edo's Sports Bar, L.C. and George
R. Villalpando are identified as members of Grantor and execute this Agreement solely to
indicate their assent to division of the Easement Consideration as stated below. Villalpando
represents that he is authorized to act as agent on behalf of other co -owners of his
condominium units and to bind them to this Agreement.
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 $6,500.00 (the "Easement 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 June 30, 2025, whichever occurs first. The
Easement Consideration shall be payable directly to each member of Grantor as follows
to compensate them for unique impacts experienced by each of them from construction
of the Improvements: $6,000.00 to Edo's Sports Bar, L.C. for signage improvements and
general impacts, and $500.00 to Villalpando for general impacts. Grantor agrees that
Grantee may make such payments directly to the members.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct the 11 th Street Bridge and
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. In connection with completion of the Improvements project, Grantee
shall restore the Temporary Easement Premises to a condition substantially similar to its
condition upon grant of the Temporary Easement.
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.
THE ELEVENTH AND SYCAMORE CITY OF WATERLOO, IOWA
CONDOMINIUM ASSOCIATION
By: 422 tJ n ,k4
By:
George R. Villalpando Quentin M. Hart, Mayor
Title: 0 W t {
EDO'S SPORTS BAR, L.C.
/,1rV/C-
Edin Sahinovic, Manager
Attest:
elley Felchle,
George R. Villalpando
[acknowledgments on next page]
2
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on eb, .. , by George. R. Villalpando,
individually and as CiWnibZ of The Elev an amore Condo
Association.
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
APRIL 11, 2027
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Notary Pu s is
Acknowledged before me or jjL�',� �2, s2i by Edin S a+vic . Manager
of Edo's Sports Bar, L.C.
TIM ANDERA
COMMISSION NO. 772518
MY COMMISSION EXPIRES
APRIL 11, 2027
Notary P
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on J 010'7 a-d/' by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respecti ly, of the City of Waterloo, Iowa.
BRITNI C PERKINS
COMMISSION NO. 845529
MY COMMISSION EXPIRES
JANUARY 27, 2026
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INDEX LEGEND
SURVEYOR & RETURN TO:
SETH A. WHITACRE, P.L.S.
MARTIN & WHITACRE
SURVEYORS & ENGINEERS, INC.
1508 BIDWELL ROAD
MUSCATINE, IOWA 52761
PHONE: 563-263-7691
SERVICE PROVIDED FOR:
CITY OF WATERLOO
316 EAST 5TH STREET
WATERLOO, IOWA 50703
SURVEY REQUESTED BY:
CITY OF WATERLOO
SURVEY LOCATED:
PART OF LOT 3 OF AUDITOR'S
CONSOLIDATED PLAT, WATERLOO, IA
PROPERTY OWNER:
ELEVENTH SYCAMORE CONDOMINIUMS
SITE ADDRESS:
110, 118 AND 120 E. 11TH STREET
WATERLOO, IOWA 50702
DATE OF SURVEY:
6/16/21
BASIS OF BEARING:
IOWA STATE PLANE COORDINATE
SYSTEM - NORTH ZONE (NAD83)
Exhibit "A"
LEGEND
• FOUND, A5 NOTED
TEMPORARY EASEMENT
PROPERTY/RO)N LINE
— — — — — ORIGINAL LOT LINE
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
11TH STREET BRIDGE REPLACEMENT
20 0 20
0.01 TOTAL
ACRES
N 40°51'29' E
32.84'
(90% FOUND ) " REBAR
O4
P.O.B.
A U
R `5
L O T 3
0
v
0
4
L O T 8
5 41°45'10" E
10.64'
5 25'41'31" W
33.14'
L O T 3
PROPERTY SURVEY
PLAT BOOK 268 PAGE 653
A T E
FOUND) " REBAR
I hereby certify that this land surveying document was
prepared and the related survey work was performed
by me or under my direct personal supervision and
that I am a duly licensed Professional Land Surveyor
under the laws of the State of Iowa.
$eth k Whitacre
Date 6/16/21 )leg. No. 18379
My license renewal date Is December 31, 2022
Pages or sheets covered by this seal: 2
SURVEY COMPANY / RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc_
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITACRE
PROPRIETOR(S): ELEVENTH SYCAMORE CONDOMINIUMS
REQUESTOR: CITY OF HATERL.00
LOCATION: LOT 3 OF AUDITOR'S CONSOLIDATED PLAT
IN WATERLOO, BLACK HAWK COUNTY, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE BOOK SCALE DRN CHK'D DATE JOB NO.
8380 8380 I'=20' SAW MK 6/16/21 859020
REV. 0 GONDODW6 SHEET 1 OF 2
Exhibit "A" Cont.
ACQUISITION PLAT
OF TEMPORARY EASEMENT BEING CONVEYED
TO THE CITY OF WATERLOO, IOWA
11TH STREET BRIDGE REPLACEMENT
DESCRIPTION - TEMPORARY EASEMENT
THE EASEMENT GRANTED FOR CONSTRUCTION PURPOSES IS TO LAND DESCRIBED AS FOLLOWS:
A PART OF LOT NUMBER 3 OF AUDITOR'S CONSOLIDATED PLAT TO THE CITY OF WATERLOO, IN
BLACK HAWK COUNTY, IOWA, ALSO BEING PART OF A 0.743 ACRE TRACT OF LAND AS RECORDED IN
A PROPERTY SURVEY IN PLAT BOOK 268 PAGE 653 IN THE OFFICE OF THE RECORDER IN BLACK
HAWK COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WESTERNMOST CORNER OF SAID 0.743 ACRE TRACT; THENCE NORTH 40'51'29"
EAST 32.84 FEET; THENCE SOUTH 47'45'10" EAST 10.64 FEET; THENCE SOUTH 25'41'31" WEST 33.74
}'ET; THENCE NORTH 49°12'45" WEST 19.47 FEET TO THE POINT OF BEGINNING; CONTAINING 0.01
ACRES, MORE OR LESS.
SURVEY COMPANY / RETURN TO:
Martin & Whitacre
Surveyors & Engineers, Inc.
1508 BIDWELL ROAD, MUSCATINE, IOWA 52761
INFO@MARTIN-WHITACRE.COM (563)263-7691
SURVEYOR: SETH A. WHITACRE
PROPRIETOR(S): ELEVENTH SYCAMORE CONDOMINIUMS
REOUESTOR: GITY OF JNATERLOO
LOCATION: LOT 3 OF AUDITORS CONSOLIDATED PLAT
IN WATERLOO, BLACK HAWK COUNTY, IOWA
SURVEY TYPE: TEMPORARY EASEMENT
FILE
8380
REV. 0
BOOK
8380
SCALE
I'=20'
DRN
SAW
CHK'D
MG
GONDODW6
DATE
6/16/21
JOB NO.
854020
SHEET 2 OF 2