HomeMy WebLinkAboutMcDonald's - Temporary Access Easement - 8.4.2025 Prepared by Tim Andera.City of Waterloo.Waterloo,IA 50703. Phone(319)291-4366
TEMPORARY ACCESS EASEMENT
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This Temporary Access Easement Agreement (the "Agreement") is entered into as of
US+ 4- , 2025 by and between City of Waterloo, Iowa ("Grantor") and
McDo d's USA, LLC ("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(the "Temporary Easement")
in, to, upon, over, across, and beneath the real estate (the "Temporary Easement Premises")
as set forth in Exhibit"A" attached hereto and by this reference made a part hereof.
2. Duration. Unless extended by the written mutual consent of Grantor and Grantee,
the Temporary Easement shall continue in force and effect until the earlier of: (a) completion of
the Improvements; or(b)July 31, 2026.
3. Purpose. The purpose of the Temporary Easement is to provide ingress and egress
to the Grantee's commercial business property for Grantee, the employees and agents of Grantee,
and customers of Grantee.
4. Grantor Duties and Privileges. Grantor grants and conveys the Temporary
Easement Premises to Grantee "as is, where is" and 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 and shall otherwise have no further duty or obligation with respect to
the Temporary Easement Premises. 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. Any activities of Grantor, its officers, employees, contractors or agents undertake on
the Temporary Easement Premises during the term hereof shall be at their sole risk. Grantee
hereby agrees to indemnify Grantor, 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 Grantee, 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(Grantor) MCDONALD'S USA,LLC(Grantee)
By:
CLL-t44 ' By: Nadia Khan
Quentin M. Hart.Mayor Print Name
Attest: By:
K Iley Felch City lerk Sign Name
Senior Counsel-Director
Title
Date: July 15,2025
STATE OF IOWA }
I ss.
BLACK HAWK COUNTY I
Acknowledged before me on I_ �/ . 2025, by Quentin M. Hart and Kelley
Feichle as Mayor and City Clerk.resnecti iv.of the City of Waterloo.Iowa.
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NIBRIktA'"�S
TNI C PERKINS
° COMMISSION NO.845529
STATE OF• I S. } * * MY COMMISSION EXPIRES
t� �i ss. IOWA JANUARY 27,2026
COUNTY OF v 1� 1
Acknowledged before me on :,b�.(/I, 16 ,2025,by A1a.d, Khan
I a . /►a' 4
on behalf of McDonald's USA. LLC. I
A .
Notary Public
4OFFICIAL SEAL _ 1
i Tamara L Salinas 0
1 NOTARY PUBLIC,STATE OFILLINOIS
CommIsela No.747534
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Mys.Commlalon Up Aw1I 4,2027
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EXHIBIT A
Description of Temporary Easement Premises
Tract F of North Crossing Fourth Addition, City of Waterloo,Black Hawk County,Iowa,
and also that part of Tract B as illustrated and described in the appended Metes&Bounds Exhibit,
to-wit:
Part Of Tract B,North Crossing Fourth Addition,City of Waterloo,Black Hawk County,Iowa,
as recorded in Document Number 2025-02083,and more particularly described as follows:
Beginning At The Southwest Corner Of Said Tract B; Thence North 0"49'42" West, 16 .00
Feet Along The Westerly Line Of Said Tract B; Thence South 89"38'25" West, 5.00 Feet
Continuing Along Said Westerly Line Of Tract B; Thence North 0"49'42 " West, 7.00
Continuing Along Said Westerly Line Of Tract B; Thence North 89"38'25" East, 25.93 Feet
Along A Line Parallel With And 23.00 Feet Normally Distant To The South Line Of Said Tract
B;Thence South 29'09'53"East, 19.40 Feet;Thence North 89"38'25"East, 162.00 Feet Along
A Line Parallel With And 6.00 Feet Normally Distant To The South Line Of Said Tract B To
The East Line Thereof;Thence South 0"49'20 " East,6.00 Feet Along Said East Line Of Tract
B To A Southeast Corner Of Said Tract B; Thence South 89"38'25" West, 192.14 Feet Along
Said South Line Of Tract B To The Point Of Beginning;Containing 0.04 Acre{S), Subject To
Any Easement Recorded Or Unrecorded