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Home My WebLink AboutRobert C. Krogh - Temporary Easement Agreement - 12.15.2025 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 ., 1 , 2025 by and between Robert C. Krogh ("Grantor"), and the City of Waterloo,Iowa("Grantee"or"City"). 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 $2,156.00, 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 Exhibits "A-1 and A-2" 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,repaving,installation of a water service line,and upgrade and/or fix sanitary sewer services lines within•the Temporary Easement Premises (the "Improvements")to the connection point into the public sanitary sewer system. 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, 1 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. Parking on Grantee's Property. City will pave and stripe twelve (12) parking stalls as depicted on attached Exhibit "A"that shall meet the minimum 9'x 18', 162 square foot, parking stall as set forth in City's zoning ordinance. Parking shall be paved with no less than five inches of Portland Cement Concrete. 5. Indemnification. The Grantor shall protect, defend, indemnify,and hold harmless the City, and its successors and assigns, and their officers, elected officials, employees, and agents from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of or in anyway way connected with the parking area or the use of maintenance of the parking area as depicted in attached Exhibit "A" by the Grantor, its employees, contractors and agents, including, but not limited to any damage to the parking area by any person. Nothing herein shall be construed to impose on the Grantor a duty to maintain the City property, (except generally applicable duties or maintenance, including, but not limited to snow removal or general maintenance)or to monitor its use by any person except for the employees, contractors and agents of the Grantor. 6. General. This agreement is binding upon and shall inure to the benefit of the parties and the respective successor and assigns of each. This agreement, together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings or agreements, whether oral or written, with respect to the subject matter hereof. This agreement may be modified only by the mutual written agreement of the parties. 7. Pavement Removal. Grantor shall be compensated $2,723.00 for the removal of 36.8 square yards of asphalt at $74.00 per square yard. 8. Temporary Access Easement. Grantor will grant an unobstructed temporary access easement as depicted on attached Exhibit"B",across their property for the cross flow of vehicular traffic to access nearby businesses. 2 IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement by their duly authorized representatives as of the date first set forth above. ROBE C.KROGH CITY OF WATERLOO,IOWA B ,/,,,1, , �� By: r11--ut—klitZ-1- 1 Quentin M.Hart,Mayor Title: Oa Attest: Ke y Felchle,City Clerk STATE OF IOWA ) )ss. BLACK HAWK COUNTY ) ,z,A ,,1 ` R Acknowledged before me on „ .\0n (`:` c2,rL I925, b �L-46t as c7 i- 4 of Robert C.Krogh. S O NR.,(b EmNmAES[3O.NC0.750;77 • AY CC0+1,11 I E IRES r . S` E. Notary Public STATE OF IOWA ) )ss. BLACK HAWK COUNTY ) Acknowledged before me op L,Reepther--/k , 2025, by Quentin M. Hart and Kelley Felchle as Mayor and City Clerk, respectively,of the City of Waterloo, Iowa. 0Z sc, BRITNI C PERKINS z , COMMISSION NO.845529 ublic * * MY COMMISSION EXPIRES IOWA JANUARY 27,2026 3 Exhibit "A-1" r-- TEMPORARY PARKING AREA(12 STAi IS) �PR221 KROGH, ROBERT C ,- PARCEL ID: 891336253008 810 LA PORTE RD TEMPORARY EASEMEVT 4,400 SF PROPOSED WATER IO.O' SERVICE PAVEMENT TO BE c> REMOVED&REPLACED m 4 PROPOSED TEMP.CASEMENT REMOVE AND REINSTALL 105.0' EXISITNG ROW PARKING LOT 0 o PROPOSED STORM REMOVE POSTS n) PROTECT SIGN M SEWER POWER POLE TO BE POWER POLE . . t/ 115.0' VTR — �a � 5 - — — Amor' »BY OTHER a 20 �� FEET .1411111111 -.. `liSeKillA .)� --CURB&GUTTER *: �..+ - PAVEMENT REPS JAL FRONTAGE ROAD REMOVAL 7 LEGEND r RIGHT-OF-WAY/PROPERTY LINES - ACQUISTION LINES 1 - - - - PERM.EASEMENT LINES - -- - TEMP.EASEMENT LINES PARCEL I 1 PERMANENT ACQUISITION - — — \i LPR221 PERMANENT EASEMENT PI-ASE LA PORTE ROAD ANY PAVEMENT REMOVED WILL 1 f TEMPORARY EASEMENT BE REPLACED IN-KIND UNLESS2 OTHERWISE NOTED. Public Impact Diagram 9 44ECOi%1KROUGH, ROBERT C La Porte Road Reconstruction 12-04-25 Waterloo,Iowa 60736162 "Exhibit A-2" TEMPORARY CONSTRUCTION EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: KROGH, ROBERT C COUNTY PARCEL: 891336253008 OWNER ADDRESS: 1559 DAKOTA DR PROJECT PARCEL: 221 WATERLOO,IA 50701 PROPERTY ADDRESS: 810 LA PORTE ROAD WATERLOO,IA 50702 7 PRESENT W'LY R-O-W LINE OF LA PORTE ROAD N89°43'00"W 30.00' POB SW 1/4 NE 1/4 p SEC. 36-89-13W \_+__ Q O , G S00°51'37"E LU TEMPORARY EASEMENT �/ , CONTAINS 4400 SF 105.00' , 0 PROJECT Q 520.51' (519.89') N. PARCEL 221 OF AND PARALLEL WITH S. LINE OF NE N89°43'00"W 1/4 SEC 36-89-13W 95.00' \ \ SOO°51'37"E 10.00' , ,- \ N00°51'37"W 115.00' NOTE: ______ _______ POINT OF BEGINNING(P.O.B) IS 635.53' (634.89' RECORD)NORTH OF THE SOUTH LINE AND 99.95' (100.00' RECORD)WEST 589°43'00"E OF THE EAST LINE OF THE SOUTHWEST 1/4 125.00' OF THE NORTHEAST 1/4 OF SECTION 36-89-13W LEGEND: • PARCEL OR LOT CORNER MONUMENT FOUND N N90°00'OO"E 0.00' MEASURED DIMENSION (264') RECORD DIMENSION SCALE IN FEET 0 50 100 REFERENCE DOCUMENT 2015-010589 Mil=IN IN A=COM 1"=50' SHEET 1 OF 2 "Exhibit A-2" Continued TEMPORARY CONSTRUCTION EASEMENT PLAT LA PORTE ROAD RECONSTRUCTION PROJECT HDP-8155(786)--71-07 WATERLOO, IOWA OWNER: KROGH, ROBERT C COUNTY PARCEL: 891336253008 OWNER ADDRESS: PROJECT PARCEL: 221 1559 DAKOTA DR WATERLOO,IA 50701 PROPERTY ADDRESS: 810 LA PORTE ROAD WATERLOO,IA 50702 DESCRIPTION:TEMPORARY CONSTRUCTION EASEMENT PROJECT PARCEL 221 PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36,TOWNSHIP 89 NORTH,RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN,CITY OF WATERLOO,COUNTY OF BLACK HAWK,STATE OF IOWA,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 635.53 FEET(634.89 FEET RECORD)NORTH OF THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 36,WHICH POINT IS 99.95 FEET(100.0 FEET RECORD)WEST OF THE EAST LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 36;THENCE NORTH 89°43'00"WEST ALONG A LINE THAT IS PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 36,A DISTANCE OF 30.00 FEET;THENCE SOUTH 00°51'37"EAST,105.00 FEET;THENCE NORTH 89°43'00"WEST,95.00 FEET;THENCE SOUTH 00'51'37"EAST,10.00 FEET TO A LINE THAT IS 520.51 FEET(519.89 FEET RECORD)NORTH OF AND PARALLEL WITH THE SOUTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 36; THENCE SOUTH 89°43'00"EAST ALONG SAID PARALLEL LINE,125.00 FEET TO THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD;THENCE NORTH 00°51'37"WEST ALONG THE PRESENT WESTERLY RIGHT-OF-WAY LINE OF LA PORTE ROAD,115.00 FEET TO THE POINT OF BEGINNING. THE SOUTH LINE OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 36,IS ASSUMED TO BEAR NORTH 89°43'00"WEST FOR THE PURPOSE OF THIS DESCRIPTION. CONTAINING 4,400 SQUARE FEET. A=COM SHEET 2 OF 2 Exhibit "B" ti a t"e $ II,-, (LPR218� « 3 a, +x I_ STEELSMITH PROPERTIES LLC . �k! PARCEL 10 99 336253010 • ::. (LPIQ20 1911 E MITCHELL AVE -K+ - STEELSMITH PROPERTIES LLC LPR221 , PARCEL ID.891336253009 KROGH,ROBERT C TIE PARCEL ID,S GROOL II LLC (LPR2'23 \ I 520 LA PORTE RD PARCEL IDS 891336253008 TERLOO ERS GROUL II LL THE GRGLL II LLC \ \. I.. 810 LA PONTE RUB PARCEL p89CITY OF 1336253035 m \ l503 700 LA PORTE RD PARCEL BOWLERS GRO6253002 `I } .^ CLPN222) • na 650 LA PORTS RD p 1 I A '+ iL 1 pPEBBLE HILL LLC ,L;.e fi ' _ I♦\ PARCEL IA 891336253006 y - ,=== e00:10000/ w \\\\\\\\\PROPOSEOACCESS\\\\\\\ \ \•`� § ' LA TE RO PR A \�"—\-- Il /I I ... �. e «—\ , �.�� _ \ likPROPOSED ALOEss \ \ \ --_ . •I • 4 �.� ` � Er MO IiimiimEMIlik■IMMEMIIMM= °Mr + . �6 is '> +" J i 0 -.6111.11111111111111nOMmimmilim ,23 I o R50 � Public Impact Diagram 19 c SHARED ACCESS AGREEMENT /�1� La Porte Road Reconstruction T_�_e J J/ z 05-09-25 Waterloo,Iowa 60736162