The URL can be used to link to this page

Home My WebLink AboutFarmers State Bank - Temporary Easement Agreement - 9.2.2025 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 �-'O , , 2 , 2025 by and between Farmers State Bank ("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 $1,827.00, 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 construct a new sanitary sewer main, grading,seeding, etc. (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. Temporary Easement Premises will be restored to its original condition. 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. 4. Grantee Duties. Following completion of Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to the commencement of construction work, including but not limited to reseeding any grassed areas disturbed by construction activities. Except as may be caused by the negligent acts or omissions of Grantor, its employees, agents or contractors,Grantor shall not be liable for any injury or damage to any person or property resulting from Grantee's exercise of the rights herein granted. To the extent permitted by applicable law, Grantee agrees to indemnify and hold Grantor, its employees, agents and contractors, harmless against any loss, damage, injury or any claim or lawsuit for loss, damage or injury arising out of or resulting from the negligent acts or omissions or willful misconduct of Grantee or its employees, agents or contractors. 5. Term. This Temporary Easement shall cease upon the earlier of completion of Improvements or July 1, 2026. IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. FARMERS STATE BANK CITY OF WATERLOO, IOWA By: Z"r By: /1 Dus ' Orson, Executive Vice President Quentin M. Hart,Mayor Attest: I elley Felchle, ity Clerk STATE OF ) ) ss. Ac a PAW IL COUNTY ) Acknowle ed before me on .1.1.) a I , 2025, by l_JIJ��4 i n 5c o as U V of Farmers State Bank, L r iA otary Public DANA L HUMMEL COMMISSION NO.161162 ' y 'O' �,�.'1,.�*.i M �,J 9EXPIRES STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on _ q , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,r spectively, of the City of Waterloo,Iowa. AP°"S� BRITNI C PERKINS Notary P lic Z ' COMMISSION NO.845529 * "� ;,* MY COMMISSION EXPIRES IOWA JANUARY 27,2026 81,11)1113q0 lb?T1 mum.okt 3F114X3 wo12c1#4Mtk?YA! * ,,. ;u • index Legend EXHIBIT A Location: Part of Lot 1 of Tower Park No.4,City of Waterloo,County of Black Hawk,State of Iowa Requester: City of Waterloo,Iowa Proprietor: Farmers State Bank Surveyor: Michael R.Fagl e Company: AECOM Michael R.Fagl a,501 Sycamore Street,Suite 222, Waterloo,Iowa,50703 Return To AECOM,mlke.fagle@aecom.com-319-874-6595 TEMPORARY EASEMENT PART OF LOT 1 OF TOWER PARK NO. 4, CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA NW Con El/2NEll4 -- �---------- Sec 9 her R13W W'Iy Line E 1/2 NE 1/4 Fnd.Meg fromNa existing ties.# 6775i//!// Sec,9-68-13W existing Dec.Doc. 2021-00012078. /—Fnd.1/2"Rebar/Orange I / Plastic Cap No,28139 Fnd.1!2"Rebar Tower Park Drive(60'R-0 W) Ely R-O-W line I I Winn Street l - Proposed 25-foot Wide Existing Drainage g,ll I I ,� Temporary Easement Easement a ( I Proposed Permanent IUtility Easement Existing 10' I vi 1,-- Utility Easement I I 120,00' Lot 3 1 1 2_5,00' Tower Park No.5 c, Fnd.1/2"Rebar/Red Plastic I I I ry Cap No.12088 ' n Area of Temporary Easement L _ _ _ I I Irrn 7,907 S.F.or 0.18 Acre Fisher Street(60'R-0-W) I `� \--Sly R-O-W One Fisher Street Lot I 3 c Tower Park No.9_ Existing 20'Drainage mi E Farmers State Bank and Utility Easement cc E Lot l g 111 Tower Technology Park No.1 ' Verldian Credit O1 Union Parcel"I" Doc.2009-00013052 Winn Street(60'R-O-W) Tract"A" Existing 20'Drainage Drainage,Storm Sewer and Utility Easement and Utility Easement Tract"e" ——— ——— / Fnd.Rebar/Orange U.S Hwy.20 Plastic Cap No.7811 Fnd.sir Rebar Alum. yWI)/R-aw Line I-DOT Cap U.S.Hwy.20 SW'ly Corner Lot 1 Tower Park No.4 and the SE'ly Corner Lot 1 Tower Technology Park No.1 also being the intersection 0 75 150 of the W'ly line of E 1/2 NE 1/4 Sec. C 9-88-13W and the N'ly right-of-way SCALE 1"=150' line U.S.Hwy 20 A•""COM Revised 7-14-2025 SHEET 1 OF 1