HomeMy WebLinkAboutSteelsmith Properties, LLC - Temporary Easement Agreement - 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
, 2025 by and between Steelsmith Properties, 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 $4,244.00, 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, etc. (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,
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. Temporary Access Easement. Grantor will an unobstructed temporary
access easement as depicted on attached Exhibit "B", across Properties LPR219 and
LPR220 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.
STEELSMITH PROPERTIES, LLC CITY OF WATERLOO, IOWA
By: ,i 1 By:
Quentin M.Hart, Mayor
Title: 1J ,o,J7,
Attest:
Ke y elchle, City Clerk
STATE OF . 61._ )
ss.
COUNTY )
Acknowledged before me on 1 f - ' 5 , 2025,by 6 f4 G4 s(11 E4 as
Olinteft of Steelsmith Properties, LLC
tirP� • JANET L.HARRINGTON
Commission Number 830845
My Commission Expires ��� g V
SOW� d eva oal "
Nota ublic
STATE OF IOWA
ss.
BLACK HAWK COUNTY )
Acknowledged before me on+t , - /0 , 2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo,Iowa.
OPP�AL S„ BRITNI C PERKINS
,:,; CMY COIMMISSION EXP RES o,:ary lic
* t - JANUARY 27,2028
Iowa
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LPR2I9 - ' '
STEEL SMITH PROPERTIES LLC d {I
PARCEL ID: 891336253010
1911 E MITCHELL AVE
imi
PERMANENT TEMPORARY
ACQUISITION EASEMENT _ -
225 SF 497 SF
w
Q TELEPHONE PEDESTAL-
TO BE REMOVED
w PROPOSED PERM.ACQUISITION BY OTHERS
U $
1- PROPOSED TEMP.EASEMENT POWER POLE
PROPOSED TEMP.EASEMENT TO BE REMOVED BOLLARDS
w
UHAL SIGN AND BOLLARDS POWER POLE
REMAIN TO BE REMOVED
BY OTHERS REMOVAL
b
\a
`o s \ -DRIVEWAY REMOVED BY OTHERS o 60.0' o
milk;
\ „ / -EXISTING ROW u;l— — — — -1u /
15.0' \ l s-
GUY WIRE BOLLARDS REMOVAL
i--.
f'- 11 \_.
TO BE REMOVED I J
J BY OTHERS I
REMOVE& REINSTALL CURB& FRONTAGE ROAD REMOVAL \___
PROPOSED WATER
MAILBOX BY CONTRACTOR GUTTER MAIN
LA PORTE ROAD
PROPOSED STORM
SEWER
L(''\---------------END\
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
0 i0
- - - — PERM.EASEMENT LINES FEET
IIIMINIIIIMMI
- - - — TEMP.EASEMENT LINES PARCEL
I 1 PERMANENT ACQUISITION c 7 L P R2 1 9
'"'"" PERMANENT EASEMENT PHASE
ANY PAVEMENT REMOVED WILL
I 1 TEMPORARY EASEMENT BE REPLACED IN-KIND UNLESS 2
OTHERWISE NOTED.
Public Impact Diagram
..., kt 4ECOIM STEEL SMITH PROPERTIES LLC
La Porte Road Reconstruction
••! 04-10-25 Waterloo,Iowa 60736162
Exmort IA-
4 .- ...
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41411 .'-0* • or
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p . ,
lit
, (LPR226)
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STEEL SMITH PROPERTIES LLC
PARCEL ID: 891336253009
i 1 820 LA PORTE RD
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1 Allr
. , 4• 0 r r TEMPORARY
, , - • , i
.....
-' EASEMENT , 1
2675 SF t
4 t
15.0'
PROPOSED TEMP. EASEMENT
PAVEMENT TO BE
REMOVED&REPLACED
...
0
PROPOSED WATER /-c\j
SERVICE
4.
PROTECT SIGN-N„.
/PROPOSED TEMP. EASEMENT
CURB&
GUTTER
DRIVEWAY RELOACTION
b EXISTING ROW
80.0'
lc DRIVEWAY
1-
REMOVED -------5----
r r
. IIIIP <MOVE HYDRANT
tREMOVE BOLLARDS
POWER POLE TO BE -----
-7- TELEPHONE PEDESTAL TO BE REMOVED BY OTHERS PROPOSED STORM
REMOVED BY OTHERS SEWER
FRONTAGE ROAD REMOVAL
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
_ -
ACQUISTION LINES
- PERM.EASEMENT LINES
---T\-POWER POLE TO BE
- - - - TEMP.EASEMENT LINES PARCEL
66;24'm
20 -REMOVED BY OTHERS
o
F---- I PERMANENT ACQUISITION
LPR220
1 1 PERMANENT EASEMENT LA PORTE ROAD
PHASE
ai„
E 1 TEMPORARY EASEMENT 1...... -- .,,,,_ . pir.
ANY PAVEMENT REMOVED WILL
BE REPLACED IN-KIND UNLESS 2
OTHERWISE NOTED ,
Public Impact Diagram
t9 lt Azrcom STEEL SMITH PROPERTIES LLC
La Porte Road Reconstruction
,./
04-10-25 Waterloo,Iowa 60736162
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