HomeMy WebLinkAboutBJKTJEA,_LLC_-_Temporary_Easement_Agreement_-_5.4.2026Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
Prepared 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
May 4 , 2026 by and between the City of Waterloo, Iowa ("Grantee") and
BJKTJEA, LLC ("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 clear existing vegetation and regarde the
property to raise it out of the nearby stormwater basin. (the "Improvements"). Following
completion of Grantee's work on the Premises, Grantee shall restore the Premises,
including but not limited to seeding a grassed area upon the raised property disturbed by
construction activities, and Grantor shall be responsible for watering any seeded 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 Temporary Easement would expire July 1,
2027
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,
Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
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.
BJKTJEA, LLC
By:
Its:
CITY OF WATERLOO, IOWA
Signed by:
By: 15bt,St
—Dsen, Mayor
Attest:
,--Signed by:
Ktllty f
k flF F Ii4 , City Clerk
Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
Index Legend
Location
Description:
Lot 9,
Lewis Millers Small Farms
Waterloo, Iowa
Requestor:
City of Waterloo
Proprietor:
BJKTEA LLC
Surveyor:
William W. Castle
Surveyor
Company:
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, IA 50703
Return To:
715 Mulberry St, Waterloo, IA 50703 (319) 291-4312
Exhibit "A"
Temporary Construction Easement Plat
Lot 9, Lewis Miller's Small Farms, City of Waterloo, Black Hawk County, Iowa
Temporary Construction Easement Description:
A temporary construction easement over, under, upon, and across that part of Lot 9, Lewis Miller's Small Farms, City of Waterloo,
Black Hawk County, Iowa, described as follows:
Commencing at the Southeast corner of Lot 9; thence North 02°52'49" West along the East line of Lot 9, 101.77 to the point of
beginning of this description; thence continuing North 02°52'49" West along the East line 58.03 feet to the Northeast corner of the
parcel last described in Document No. 2011-12996 in the Black Hawk County Recorder's Office; thence South 89°07'10" West
along the North line of said parcel 170.27 feet to the Northwest corner of said parcel; thence South 10°50'47" West along the West
line of said parcel 54.13 feet; thence North 89°7'10" East 31.3 feet; thence North 00°52'50" West 18.0 feet; thence North 89°07'10"
East 112.0 feet; thence South 00°52'50" East 23.0 feet; thence North 89°07'10" East 40.0 feet to the point of beginning containing
7,549 square feet.
West 1/4 Corner
Sec. 27, T89N, R13W
Established location from
ties per Misc. 320-275
1925.41' N 00°17'40" W
Temporary
Construction
Easement
ED
v S 00°52'50" E 23.0'
0
N 00°52'50" W 18.0'
N 31.3' Doc. No.
co
2011-12996
Lot 9
S 89°07'10" W
170.27' (170')
Lewis Miller's
Small Farms
89°07'10"
209.06' (209')
ao
Fd. 1" pinched
pipe (typical)
POB
Fd. 1/2" rebar
w/damaged
yellow cap
Lot 10
LO
oti
POC
85.35' (86')
N 7
O -�.
zN N
w
y_, U
Fd. 1/2" rebar Fd. 1/2" rebar (%) s
w/orange cap w/orange cap a
"Iowa 6505" "Iowa 6505" 0 b
co
N 89°04'31" E 3
118.30' (118') 0 m
n
85.88' (86')
o o
to � ON
N
O N Lo O 0
O O
O N 0 N
z� Zo_
117.92' (118')
\\_ 31.77' (25')
N 89°02'59" E
30.00' (30')
N 89°02'59" E
705.44' N 00°17'40" W
SW Corner
Sec. 27, T89N, R13W
Fd. 3" disc in PCC
per Doc. No. 2008-00347
N 89°02'59" E
— 444.64' (438')
Home Park Boulevard
Platted 100' Public ROW
I hereby certify that this surveying document was prepared
and the related survey work was performed by me or under
my direct personal supervision and that I am a duly licensed
Land Surveyor under the laws of the State of Iowa.
PRELIMINARY
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2027.
Pages or sheets covered by this seal :
Fd. 1/2"
rebar
Survey Notes:
1. The Bearings shown on this survey are derived from GPS observations
using the Iowa State Plane Coordinate System, North Zone, NAD 83
(2011).
2. All dimensions are in US Survey feet and decimals thereof.
3. Temporary easement area: 7549 SF
Plat Legend:
• Found Monument
O Set 5/8" x 24" Rebar w/Blue
Cap "Iowa - 19715"
(123.45') Record Measurement
123.45' Field Measurement
0
35
70
Scale: 1 inch = 70 feet
City of Waterloo Engineering Department
715 Mulberry Street, Waterloo, Iowa 50703
Phone: (319) 291-4312 Fax: (319) 291-4262
Drawn By: WWC Scale: 1" = 70'
Field Work Date: 8-9-24 & 5-8-25
Date Drawn: 3-27-2026
Sheet No.
1 of 1