HomeMy WebLinkAboutKristin_Swarts_fka_Kristin_McElderry_-_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
Kristin A. Swarts, f/k/a Kristin A. McElderry ("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 make utilities improvements within
Upland Drive and pave a portion of new driveway upon the private property in the
Temporary Easement Premises (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 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
Docusign Envelope ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
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.
By: f-. .__.—___
Kristin A. Swarts
f/k/a Kristin A. McElderry
CITY OF WATERLOO, IOWA
By:
p-Signed by:
PcWud, Ist,SUt,
'IntWet3Btlesen, Mayor
Signed by:
Attes fticat
eIFlle, City Clerk
Docusign Envelope
ID: 5D1 B7EDD-4172-823F-8093-2B0752AB15D4
Index Legend
Location
Description:
Lot 12,
Park View Gardens First Replat
Waterloo, Iowa
Requestor:
City of Waterloo
Proprietor:
Kristin A. Mc Elderry
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 12, Park View Gardens First Replat, City of Waterloo, Black Hawk County, Iowa
Temporary Construction Easement Description:
The North 15 feet of the West 26 feet of the East 54 feet of Lot No. 12, Park View Gardens First Replat, in the City of Waterloo,
Black Hawk County, State of Iowa.
Lot 22 Park
View Gardens
Fd. 1"
pinched
pipe
16'
(16')
Lot 13
Lot 14
Temporary
Construction
Easement
Upland Drive
Platted 50' Public ROW
15'
— 54'
26'
26'
Lot 12 Park
View Gardens
First Replat
15'
28'
28'
Lot 11
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.
William W. Castle, PLS Date
License Number 19715
My License Renewal Date is December 31, 2027.
Pages or sheets covered by this seal :
Lot 23 Park
View Gardens
60' (60')
Fd. 1/2" rebar
w/out ID cap
•
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: 390 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
15
30
Scale: 1 inch = 30 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" = 30'
Field Work Date: 7-31-2025
Date Drawn: 3-23-2026
Sheet No.
1 of 1