HomeMy WebLinkAboutThe Bowlers Group II, LLC - 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)pr- . 15 , 2025 by and between The Bowlers Group II, 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$584.00,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 relocate a driveway onto La Porte Road
(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.
4. 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.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
THE BOWLERS GROUP II, LLC CITY OF WATERLOO, IOWA
By: By: fLQN7-t/t-
Title: Quentin M. Hart,Mayor
- �
Attest:
hey Felchle,City Clerk
STATE OF iDtkoA )
1 ) ss.
-FitAue -\- arJ` , COUNTY )
Acknowledged -{-e
�u� ��12._� , 2025, by�1C'�fl �'before me on (C,-41'h c as
f , of The Bowlers Group II, L C.
"AL0 TIM ANDERA I
2 Z COMMISSION NO.772518
it * MY COMMISSION EXPIRES
rows APRIL 11,2027 Notary P bli
STATE OF IOWA )
) ss.
BLACK HAWK COUNTY )
Acknowledged before me oetmnk,✓ /ji , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk, respectively,of the City of Waterloo, Iowa.
I ,o''"S,, BRITNI C PERKINb—
z i COMMISSION NO.845529
* 1,,,,* MY COMMISSION EXPIRES
IOWA JANUARY 27,2026 No 11C
Exhibit "A"
1
i
(LPR224)
THE BOWLERS GROUP II LLC
PARCEL ID:891336253002 w
650 LA PORTE RD a
z
i 0
>-
PERMANENT TEMPORARY i m
ACQUISITION EASEMENT
93 SF 831 SF ,,
PROPOSED PERM.ACQUISITION
PROPOSED TEMP.EASEMENT
tit/
POWER POLE TO BE /-
PROTECT SIGNS REMOVED BY OTHERS t,cS ti/• 1-
fExlsNGROw \ \>(/19. NA�DRIVEWAY DRIVEWAY _ (34
7REMOVAL RELOCATIONo2
e V\-PROTECT
PROTECT SIGN
SIGN ft ,/%
POWER POLE TO BE j-///-PROPOSED STORM SEWER CURB&GUTTER
REMOVED BY OTHERS FRONTAGE ROAD REMOVAL —-''�/'
TPROPOSED WATER MAIN
o
:30 LA ' ROAD
---„,_.6, '*--- AI k
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
__ — — — PERM.EASEMENT LINES
— — — — TEMP.EASEMENT LINES PARCEL
._._ I PERMANENT ACQUISITION LPR224
I PERMANENT EASEMENT PHASE
ANY PAVEMENT REMOVED WILL
1 1 TEMPORARY EASEMENT BE REPLACED IN-KIND UNLESS 2
OTHERWISE NOTED.
Public Impact Diagram
a:tom THE BOWLERS GROUP II LLC
La Porte Road Reconstruction
04-10-25 Waterloo,Iowa 60736162