HomeMy WebLinkAboutElizabeth Curran - Temporary Easement Agerement - 4/6/2026Prepared by Tim Andera, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Phone (319)
291-4366
TEMPORARY EASEMENT AGREEMENT
This Temporary Easement Agreement (the "Agreement") is entered into as of
p (o , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
ELIZABETH A CURRAN ("Grantor").
1. Grant of Temporary Easement. In consideration of the mutual promises
and covenants contained herein, and for other good and valuable consideration, 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 Katoski Drive, Huntington
Road, and adjoining street connections, utility improvements, grading, seeding, and
installation of sidewalk and trail. (the "Improvements"). Following completion of
Grantee's work in the Premises, Grantee shall restore the Premises to its condition prior to
the commencement of construction work, including but not limited to reseeding any
grassed areas disturbed by construction activities, and Grantor shall be responsible for
watering any reseeded areas. 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. The
Agreement will be in place until the acceptance of the project. The projected acceptance
date is August of 2028.
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
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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.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement
Agreement by their duly authorized representatives as of the date first set forth above.
ELIZABETH A CURRAN
By:
CITY OF WATERLOO, IOWA
By:
Attest:
4-J-'--
Dave Boesen, Mayor
elley Fel Jr, City Clerk
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