HomeMy WebLinkAboutLa Porte Road DQ, Inc. - Temporary Easement Agmnt - 10.20.2025 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
Q 2 ,2025 by and between La Porte Road DQ,Inc.("Grantor"),and the City
of Waterloo,Iowa("Grantee").
I. 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$349.00,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 and replace the driveway from Locke 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,
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.
LA PORTE ROAD DQ,INC. CITY OF WATERLOO,IOWA
By: 4ABY: CL.RS.',,SC,.e1,q7_ez)—
Quentin M.Hart,Mayor
Title: l er.,,J vrer
Attest:
Kelle elchle, City Clerk
STATE OF 30(A)t 1 )
)ss.
V a CitHXLIA COUNTY)
Acknowledged before me on JOf It 31 , 2025,by S)i(2i,Li ! k0,1?.4-Lxas
IR€c7SU,b-(:V of a Porte Road DQ,Inc.
0
sti A c NICCOLE M.METCALF
a COMMISSION NO.828708iiiift
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y ' n MY COMMISSION EXPIRES
/O W A* 12-� ZQ Z Notary Public
STATE OF IOWA )
)ss.
BLACK HAWK COUNTY )
Acknowledged before me on W e. ;2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo,Iowa.
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o P blic
Exhibit "A"
CLPR205�
r LA PORTE ROAD DQ INC
PARCEL ID: 891336454022
"
1506 LA PORTE RD
TEMPORARY ' :
EASEMENT r
" 364 SF
POWER POLE TO BE PROPOSED TEMP. EASEMEMT
AS r
REMOVED BY OTHERS
PROTECT SIGN z w
d PROPOSED STORM 13.0' Y
SEWER ` u
CONNECTION TO EXIST. o J
STORM SEWER EXISTING RO PPvI
, iLIGHT POLE PROTECT SIGN
REMOVED(TYP.)
L ,______
Driveway to be sta ed
half at a time
1.
POWER POLE TO BE.
REMOVED BY OTHERS
PROPOSED WATER LAPORTEROAD
MAIN — =z
0 20 O 41 7.2
FFF1
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i I
4..—
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
— — — — PERM.EASEMENT LINES i
— — — — TEMP.EASEMENT LINES - i PARCEL
J PERMANENT ACQUISITION j LPR205
I I PERMANENT EASEMENT - PHASE
ANY PAVEMENT REMOVED WILL
I I TEMPORARY EASEMENT 1 BE REPLACED IN-KIND UNLESS 2
OTHERWISE NOTED.
Public Impact Diagram
4 0 AECOAI LA PORTE ROAD DQ INC
4 La Porte Road Reconstruction
04- 0-25 Waterloo,Iowa 60736162