HomeMy WebLinkAboutPryor Enterprises, LC - Temporary Easement Agreement - 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
Rom, C , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
Pryor nterprises, LC. ("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, for Phase III reconstruction of La Porte
Road, and utility improvements, grading, seeding, and installation of sidewalk. (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.
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.
IN WITNESS WHEREOF, the parties have executed this Temporary Easement
Agreement by their duly authorized representatives as of the date first set forth above.
PRYOR ENTERPRISES, LC
By:
Reed Pryor
President
CITY OF WATERLOO, IOWA
David Boesen, Mayor
Attest:
e11eyhle, City Clerk
2
Exhibit "A"
EXISTING
ROW
PROTECT
SIGN
PROPOSED STORM
SEWER
M
l /
\\ (0. - . /
//_ _ REMOVE CATCH _ POWER POLE TO BE
BASIN REMOVED BY OTHERS
PROPOSED TEMP. EASEMENT
POWER POLE TO BE
REMOVED BY OTHERS
REMOVE AND REPLACE
+TEMPORARY ?ERMANENT
'EASEMENT ACQUISITION
2402 SF 422 SF
O 20
FEET�
LEGEND
RIGHT-OF-WAY/PROPERTY LINES
ACQUISTION LINES
PERM. EASEMENT LINES
TEMP. EASEMENT LINES
PERMANENT ACQUISITION
PERMANENT EASEMENT
TEMPORARY EASEMENT
AECOM
LPR3I I
PRYOR ENTERPRISES LC
PARCEL ID: 881302276016
�11955 LA PORTE RD
01-09-26
/
Algill
ANY PAVEMENT REMOVED
WILL BE REPLACED IN -KIND
UNLESS OTHERWISE NOTED.
PARCEL
LPR311
PHASE
3
Public Impact Diagram
PRYOR ENTERPRISES
La Porte Road Reconstruction
Waterloo, lowo 60736162