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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 2 CxnhIIt A-7 if . . g 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 .- ... . ....s. 41411 .'-0* • or .., p . , lit , (LPR226) .., . STEEL SMITH PROPERTIES LLC PARCEL ID: 891336253009 i 1 820 LA PORTE RD 1 0 . 0 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 .i: rrt pN �I r`t - 4 , 1 `$ �.. AN s ;rr;t # . :. `. F * �' • 4 di . -.8 1 ,\ 1{ 'i ' `+, I/� / 'id a \___...... , =618 r . 4 ,1"" t „-.,_- _ gi-5_ l/ I . l ' i „„,,,,, *1 0 .. 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