HomeMy WebLinkAboutDebra Youngblut - Temporary Easement Agmnt - k5.6.2024tled Prepared by:Aric Schroeder,City of Waterloo,715 Mulberry Street,Waterloo,IA 50703—(319)291-4366 Qit• k1,6
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
MA, 6 , 2024 by and between Debra M. Youngblut(formerly known as Debra
M. Hkel) ("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 $3,429.51, 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 December 31, 2025, whichever occurs first.
2. Purpose. The Temporary Easement Premises is intended for use by
Grantee, its employees, contractors and agents, to reconstruct La Porte Road 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.
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
DEBRA M YOUNGBLUT CITY OF WATERLOO, IOWA
FKA DEBRA M HEKEL
By: ca,13 C' �} By:
Quentin M. Hart, ayor
Title: Owner
Attest:
elley elchle, City Clerk
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
know„ /L /Zi , 2024,b, iil %u%*Mras owner.
TIC
_ COMMISSION NO. 772518'
* �'�� * MY COMMISSION EXPIRES e
kwa APRIL 11,2027
Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on n 1 AS , 2024, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,pspectively, of the City of Waterloo, Iowa.
I8,0",s‘, BRITNI C PERKINS
z r- COMMISSION NO.84552*
*
, -- * MY COMMISSION EXPIRES -j�
IOWA JANUARY 27,2026
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LEGEND -. —I
_____----- RIGHT-OF-WAY/PROPERTY LINES 1
-- -- -- — PERM.EASEMENT LINES
— — — — TEMP.EASEMENT LINES
PERMANENT ACQUISITION -K LPR116
a PERMANENT EASEMENT PHASE
l ! 1 TEMPORARY EASEMENT 1
Figure 16
Temporary Easement
kk � AECOM HEKEL, DEBRA M
La Porte Road Reconstruction
,41
I2-15-23 Waterloo,Iowa 60622689