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Home My WebLink AboutJP Management Corp - TEMPORARY easement agreement - 7/21/2025 aauueDsweD yww peuueag Prerared ha Tim Andera,City of WaterIoo,Waterloo,IA 50703_ Phone(319)291-4366 TEMPORARY EASEMENT AGREEN[ENT This Temporary Easement Agreement (the "Agreement") is entered into as of 2--\ , 2025 by and between JP Management Corp. ("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 S790.00,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. 2. Purpose. The Temporary' Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct La Porte Road, utility improvements, grading, seeding, and remove a driveway onto Cornwall Avenue (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 NN Titten 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. JP MANAGEMENT CORP. CITY OF WATERLOO, IOWA By: By: --l< 44-1,. / Quentin M. Hart, Mayor Tit e: y� d Attes : K y elchle, City Clerk STATE OF ) ss. Q�o k Jjeti,,jic COUNTY ) Acknowledged before me on 3urnc 3 a) , 2025, by Jec4 aje...t.47 Q,.Vfru as ?VG'S;d(2..►k of JP Management Corp. PATRICIA J.SWARTZENDP.UBER COMMISSION NO.715946 * • MY COMMISSION EXPIRES Notary Pdbil'e"F Z u 9p, / I STATE OF IOWA ) a ) ss. BLACK HAWK COUNTY ) Acknowledged before me on , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, res ectively, of the City of Waterloo, Iowa. sPP''"S� BRITNI C PERKINS Z COMMISSION NO.84552 T * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 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 , 2025 by and between JP Management Corp. ("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$790.00,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. 2. Purpose. The Temporary Easement Premises is intended for use by Grantee, its employees, contractors and agents, to reconstruct La Porte Road, utility improvements, grading, seeding, and remove a driveway onto Cornwall Avenue (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, Exhibit "A" CLPR214) J P MANAGEMENT CORP PARCEL ID: 891336406018 1224 LA PORTE RD TEMPORARY PERMANENT EASEMENT i EASEMENT PROTECT LANDSCAPING 1004 SF 1294 SF DRIVEWAY CLOSURE s POWER POLE TO BE ` ;1,44;lior IT 11. Ill Tir441, IF -rIfir, REMOVED BY OTHERS w 8.0' Q I PROPOSED TEMP. EASEMENT PROPOSED TEMP. EASEMENT —u, Q I z ( lo FLUME REMOVAL I Z �Q FLUME REMOV °, ` "AL . �I I O PROTECT FLAGPOLE I v PROPOSED PERM. EASEMENT • „o ..� 257.3' I 1 I o __-- LI G HTPOLE TO BE EXISTING ROW VREMOVED BY OTHERS PROPOSED WATER ._�.� MAIN CONNECTION TO EXIST. LA PORTE ROAD __— STORM SEWER -- PROPOSED STORM ----- —t; 2 --;-"SEWER / LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES — — — — PERM.EASEMENT LINES 0 30 — — — — TEMP.EASEMENT LINES FEET PARCEL J PERMANENT ACQUISITION .mi. "'' LPR214 I j PERMANENT EASEMENT PRASE �"' - ANY PAVEMENTREMOVED WILL 2 1 I TEMPORARY EASEMENT - ' BE REPLACED IN-KIND UNLESS OTHERWISE NOTED. Public Impact Diagram 1.I A..1OM a Porte Road Reconstruction 04- 0-25 Waterloo,Iowa 60736162