HomeMy WebLinkAboutMcDonald's Corporation - Temporary Easement Agmnt - 12.15.2025 Prepared by Tim Andera,City of Waterloo,Waterloo,IA 50703. Phone(319)29I-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
pCccn.b� 1a, 2025 by and between McDonald's Corporation. ("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$663.00,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, and subject to the Addendum attached hereto as Exhibit"D".
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, 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,
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. Term. The term of the temporary easement is from January 1, 2026, to
June 1, 2027.
5. Temporary Access Drive. Grantee will construct a temporary
ingress/egress driveway as depicted in attached Exhibit"B"
6. Traffic Control Measures. Grantee will modify traffic signal operations at
the intersection of La Porte Road and East Ridgeway Avenue to flash red,and install a stop
sign at the exit of the temporary ingress/egress driveway to have a controlled traffic flow.
If stop sign is insufficient for the proper flow of vehicular traffic, a temporary traffic
beacon will be installed opposite the temporary ingress/egress easement at the
northwest corner of La Porte Road and East Ridgeway Avenue.
7. Restoration. Grantee agrees to remove the paved temporary
ingress/egress driveway, and restore the Grantor's property to pre-existing conditions,
which include curb, and hydroseeding any disturbed areas. Grantee will bear
responsibility of watering hydroseeded areas to restore it to pre-existing conditions.
8. Irrigation System. Grantor's franchisee will adjust and relocate
portion(s) of Grantee's irrigation system closest to La Porte Road that is completely or
partially in Grantor's right-of-way as depicted in attached Exhibit"C".
[Signatures on following page]
IN WITNESS WHEREOF,the parties have executed this Temporary Easement Agreement
by their duly authorized representatives as of the date first set forth above.
MCDONALD'S CORPORATION CITY OF WATERLOO,IOWA
By: By:
Quentin M.Hart,Mayor
Title
Se_ — Ll-Dcf Attest: ` �' / i
elley Fe I le,City Clerk
STATE OF ILLINOIS )
)ss.
COOK COUNTY ) I
A,,„cknowl ged befor me on , e!►IUX4 (5- ,2025, by r (- I1oI/cy as
1i DI a066- Di tb of McDonald's Corporation.
Nota`y Public OFFICIAL SEAL
Tamara L Salinas
STATE OF IOWA ) NOTARY PUBLIC,STATE OF ILLINOIS
Commission No.747534
)ss. I My Commission Expires April 4,2027
BLACK HAWK COUNTY )
Acknowledged before me on ri vim;2025, by Quentin M. Hart and
Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo,Iowa.
PIA( C PERKINS
�P S�
COMMISSIONBRITNI N0.84552 Public
Z +rfrI�� k JANUARY 27,2026 MY COMMISSION EXPIRES
�`'
IOWAOWA
Exhibit "A"
s
r
:l�
S } m en
r d M LA PORTE ROAD PROPOSED WATER
\ N , MAIN ,
1
EXISTING ROW
CONNECTION TO EXIST.
______STORM SEWER
--- ! �I a
— i 67.7'__ AMR
83.5'
•Q
0111110 - 6a , 83,0' S9.6` /4+ 6
0 60'S, '" PROPOSED STORM
—- \ ( � 3053 SEWER 9/.0
`PROPOSED PERM.ACQUISITION #6
`
i m PROPOSED PERM.EASEMENT
lir
I PROPOSED TEMP.EASEMENT 12'X 8'Switchg ear
- 1\ I vis
41
f a;
TEMPORARY PAVEMENT I
. ;, POWER POIL TO SE '
30.0' TEMPORARY Q:LTY:� RMANENT— REMOVED BY O1HER�
EASEMEN ' +
fp
f • 2992` SF 3528 SF
if
umkti
i LPR302
MCDONALDS CORPORATION
x41 PARCEL 1D:891336479001 f
1709 LA PORTE RD s
0 20
.Z I '-'
Ilk, 1 t,,1
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES II +
- - -- PERM.EASEMENT LINES
—— — — TEMP.EASEMENT LINES PARCft
1 PERMANENT ACQUISITION LPR302
smaims PERMANENT EASEMENT -- -- --------a PHASE
TEMPORARY EASEMENT ANY PAVEMENT REMOVED e� & 3
1 1 WILL 8E REPLACED O T D L J
UNLESS OTHERWISE NOTED
AECOM
Public Impact Diagram
�� La Porte Road Reconstruction
j 12-03-25 waterloo Iowa 60736162
PC STA:233+94.08 _PPOTER 8 _
8. OElkY:853.4E SIGNAL POLE - M Exhibit "rB r
STA.234+16.6S T
STA 233+93.99 `•---OFF.3000'LT
OFF:271.T LT-- ELEV.852.24
S)A 233+)3-02 ELEV:853.2 S. LA PORTE RD
OFF:27.33'LT--
ELEV:853.3E gl
• l+ •
STA:233+74.55
OFF:7.48'LT
STA:233+)O31 ELEV.85112
t OFF:734'LT
iLEV:853,14
" TEMP.PAVING
2N SY
+7C.95 STA:233+15.06
OFF'6.24'RT -OFF.6.10'RT STA 234+16.65 _
ELEV:85289 ELEV:852.83 y-OF:30.00'RT
ELEV.852.24
STA:233+62.5E I
OFF:29.45'RT
ELF':851.99
STA:233.62.53
OFF:27.45'AT-
ELEV.852.08
SPA-233.75.9E 9=:
OFF:29.05'0.T
STA 233+04.70 i ELEV:852.02
OFF:2831.RT-‘ STA'233.51.59
ELM 1352.59 v OFF:39.54'PT
ELEV.852.23
STA.233+57.68
' 4 - % ELS/851.8E
2V
SA'.233 3+0 04 RT 1 PROPER
P120TER L3GXT POLE • ♦ €
OFF 3 SIGNAL POLE {s
EIIV 85222 - STA 233+6064 4101
��"-- OFF:64.53'RT
STA.233+31.19 ELEV:851.72
25'RAO105 POIM OElEy8 67 RT 852.21• J STA:233+50.70
s,
STA:233+04.85-y , �' `s.OFF:66.”AT
95.21'PT REV:851.86
TEMP.PAVING-, 1\_STA:233.42.61
• 151 Sr OFF:6S)1'RT
ELEV:851.94
STA:233+29.89 STA:233+3209 .A++
OFF:07.14'0.T- T-OFF:97.72'PT as
ELEV:852.09 ELEV.83206 •"' y
L.
FRwsx I "F9c T+0AECOM I CM OF WATERLOO corm] MPIm WICIER HDP•81551786)-•71-07 I 3Ra,"u"MA F.1
123E561M 1l27/2025 •.Th 1me fiv1Vxamna++ARnnay.cunuc011 U5&I90•10++++1. 013F1N.WATL.wm Rd f6 2 PM 3 0.•I1n•u 2* F;Inl51"n F1.F01 ufab m l.42n
Exhibit "C"
60' PUBLIC ROW
«. ECT TO 1ST. 31' B-B, ASPHALT
CURB STO-
NAIL
/ 'Iinill HO%
�I■ VW1/14
1 .N .7'38'18' fy ROV N 84'38'18'E
{
r �.Y .- .� - ---- 40A5'
EX. 18" RCP W
�ii' _ e t r
O 0. 7 filAIN1 st 37'-15" RCP S g
tJ
��" \ # CE1MH103 f CLV 0 0.75% it,6 o m
81
45 TEE Ca i ;/ Cs
.. O 0. rt�� dill iii vAx;, :, :. _ yt �_ ,
IE. 845. 1;� I Sr "— r __ ....6 5" RCP
}i5" 50' BEN. I` 1 1H CLV 0 0.75%
IE.®845.5• % I ,._1 / tt �' al > ty...135-46'23-•
(3)
ECCEN IC '11 11'; ' lir' I A
6,
3 15FDUC HOPE I N 9+ ='1�4 i .g
i i IL" '
] . �y .� -.' : 4s4 9.M - 1 i it --- iTT � GRATE, ..3', 3 I
r r FL=$45.7. i
/j .HAW GR E W
NW
Q.
.. GRATE c 849.t2 / �� M r^tTAKE '. FL = SI
,1 � ,-i.. FL = 84 t2 AlJ Alf
'�. 1 i F,
W a i a t 1 M -^ -�I V
H 1 1 ® ' 'A S INTAKE �1 m L�.. .. I
a'
iLA
it 10 N . MCI
--
Exist Irrigation ,I.. ' . _ �! ,- � Z`�'S (I °v to
ili
to be removed. ;1�''' r(1 7 .., al !ilk f -- ,�, +
tt �
j, 1 0 Exist.Irrigation to ' 1 p
7• remain in place. �! il
1 E_ ; C8MH10$ Valli
MH17348n.) MI®
I 1 rr;�
1 RE.850.53
IE.=842.45 CAI
I 6 li
; ' 1 4 or., {RE4 F) VERIt 1) W —
`1 ti r z •
4 14E8= 63 Sii 144
250'_2• COP 0 III .zJ _— M •
I=1i 1E,=8 5.64 pfivirisi)11
0 cc
jUMW Gyr �CBNH107
to
t('Bt0$'
1 \ t-4 ,
•
t
5—t5= RCS �t� �_�'
r %VA..' t
tr.,
iiir
v1� ` , t.,' a Ili \ ,:gi c /4,
,,,r1 , \\ > sus
,„„_ , ,
1 a \
1 , E ,z, ‘ \\ ,
1
1 i 1 / -- 1-1
'ail sR9.3':. W
Exhibit D
ADDENDUM
As a condition of granting this Easement, Grantee agrees to the following covenants, which are
made a part of this Agreement:
1. Grantee will perform the installation, repair, maintenance, and replacement of Grantee's
installations("Grantee's Work") in such a manner so as to not unduly disrupt the operation
of the business on the Premises. Grantee will separate the Easement Area by cones or
other appropriate construction safety barriers while Grantee performs Grantee's Work,
and will not block or interfere with the access drives or drive-thru lanes on the Premises.
2. Grantee will separate the Easement Area by cones or other appropriate construction
safety barriers while Grantee performs Grantee's Work, and will not block or interfere
with the access drives or drive-thru lanes on the Premises.
3. Grantee will not park on or store any construction vehicles, equipment or materials
overnight in the Easement Area or on the Premises. Grantee will not move, remove, or
demolish any of Grantor's signs, access drives, curbing or other improvements located
within the Easement Area or elsewhere on the Premises unless agreed to in writing by
Grantor.
4. Grantee agrees to indemnify, defend and hold Grantor harmless against any and all
claims, liability and costs (including, but not limited to reasonable attorneys' fees and
costs)for any and all injuries to persons and for any and all damage to property occurring
as a result of Grantee's failure to safely and properly maintain Grantee's installations on
the Premises.
5. Grantee will perform all of Grantee's Work at its sole cost and expense, and will not allow
any mechanics'or other lien to be placed on Grantor's Property. If any lien arises, Grantee
will fully discharge the lien at its expense no later than 15 days after the lien is filed and
will promptly send written notice to Grantor, along with a copy of the recorded release or
other proof in a form acceptable to Grantor that the lien was discharged.