HomeMy WebLinkAboutMetro Investments Waterloo, LLC - Temporary Easement Agreement ($465) - 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
De: m 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$465.00,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 WATERL 0,LLC CITY OF WATERLOO, IOWA
By: By: at-Q-A147-_
h Quentin M.Hart,Mayor
Title: U'w��
Att
K ley Felchle, City Clerk
STATE OF 40.6) )
ss.
/%o,, COUNTY)
Acknowledged before me on 4f i /9 , 2025, by f Z�6k/ as
of Metro Investments Waterloo
"AlI NDERA
$ ___ COMMISSION NO.772518
* ' * MY COMMISSION EXPIRES
,br,, APRIL 11,2027 Notary Public
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me on'li, ,bGr-I I , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo, Iowa.
BRITNI C PERKINS
COMMISSION NO.845529
* ' * MY COMMISSION EXPIRES
IOWA JANUARY 27,2026 ry ublic
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METRO INVESTMENTS WATERLOO LLC
PARCEL ID:891336408015
1328 LA PORTE RD No.
I PROTECT EXISTING
RETAINING WALL 1 11
ry
PROPOSED WATER J — ;
MAIN PERMANENT PERMANENT TEMPORARY -
ACQUISITION EASEMENT
EASEMENT ' r
451 SF 1671 SF ' 632 SF
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r- ' PROPOSED PERM.
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5' X 5' Transformer PROPOSED TEMP. EASEMENT
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132.5' Lri
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6' X 6' Transformer POWER POLE TO BE EXISTING ROW
REMOVED BY OTHERS PROPOSED PERM.ACQUISITION
LA PORTE ROAD CONNECTION TO EXIST.
-- - ._ a STORM SEWER 1
in I PROPOSED STORM
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LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES /' _ '
- — — — PERM.EASEMENT LINES
— — — — TEMP.EASEMENT LINES PARCEL
1 I PERMANENT ACQUISITION LPR212
1 I PERMANENT EASEMENT PHASE
ANY PAVEMENT REMOVED WILL
I I TEMPORARY EASEMENT BE REPLACED IN-KIND UNLESS 2
OTHERWISE NOTED.
Public Impact Diagram
� ,/�`� 4ECOM METRO INVESTMENTS WATERLOO LLC
La Porte Road Reconstruction
04-10-25 Waterloo, Iowa 60736162