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HomeMy WebLinkAboutMetro Investments Waterloo LLC - Temporary Easement Agreement ($786) - 12.1.2025 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 sec erg,be.� 1 , 2025 by and between Metro Investments Waterloo, LLC. ("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$786.00,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 access (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. METRO INVESTMENTS WATERLOO, LLC CITY OF WATERLOO, IOWA By: By: :l_.LQiI�b�/-- �-- Quentin M. Hart,Mayor Title: l/lf Attes • Kelley F chle, City Clerk STATE OF Ae,u4 ) )ss. gdrA—glw—k—COUNTY) dam= Acknowledged before me on/j/vi-drat /z , 2025, by as G OZ of Metro Investments Waterloo,L roiTIM ANDERA MMISSION NO.772518 * Y COMMISSION EXPIRES APRIL 11,2027 Notary 1><c STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Acknowledged before me on � � /off— , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo,Iowa. .cp-9•'"0, BRITNI C PERKINS 2 r COMMISSION NO. 845529 No P lic *mum it MY COMMISSION EXPIRES IOWA JANUARY 27,2026 • l a V :j • • +.`.. .y ti - -.-• - - v {F-1 i4t`tr' 61iWf -- . c 7-A�4,'A' • 'eSt ,, .C+1 VW(?t %;MMOi : ell t +::;J 1C148C if+hL)`:S YPtd ge,tge yi bOa,iS YRAI.14 tt Avv 1 CXnlplt --A-- POWER POLE TO BE REMOVED BY OTHERS PERMANENT PERMANENT TEMPORARY ACQUISITION EASEMENT EASEMENT 178 SF 789 SF 1070 SF . .s i l , F i r _ (CONNECTION TO EXIST I r� STORM SEWER" 1 POWER POLE TO BE 1, - . ": REMOVED BY OTHERS lit PROPOSED TEMP. EASEMENT 1, CLPR213C- \LL5' a METRO INVESTMENTS WATERLOO LLC z PARCEL ID: 891336408014 i PROPOSED TEMP. EASEMENT 1326 LA PORTE RD o I I ,',� o ;8' X 8' Switch•ear '�'1 1 POWER POLE Fit 8.0 4 TO BE REMOVED __: — - - M i_. 1 BY OTHERS t 0 o ti b PROPOSED WATER o 129.0' M_ of ,i MAIN o� - _ n 137.0' _ PROPOSED PERM. PROPOSED PERM. ACQUISITION EXISTING ROW EASEMENT LA PORTE ROAD PROPOSED STORM SEWER i a, 3' X 6' PE I / ,,ii /� 0 2° FEET t LEGEND RIGHT-OF-WAY/PROPERTY LINES ACQUISTION LINES - - - PERM.EASEMENT LINES - - - - TEMP.EASEMENT LINES PARCEL I I PERMANENT ACQUISITION LPR213 1 1 PERMANENT EASEMENT PHASE ANY PAVEMENT REMOVED WILL I I TEMPORARY EASEMENT BE R OTEA RWI E CED NIOTED.LESS 2 Public Impact Diagram 1t J1C A:COM METRO INVESTMENTS WATERLOO LLC .� La Porte Road Reconstruction J 04-10-25 Waterloo,Iowa 60736162