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HomeMy WebLinkAboutArmah_Dosee_-_Temporary_Easement_Agreement_-_6.15.2026Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D Prepared bv Tim Andera, City of Waterloo, 715 Mulberry Street. Waterloo, IA 50703 Phone 1 291-4366 TEMPORARY EASEMENT AGREEMENT This Temporary Easement Agreement (the "Agreement") is entered into as of June15 2026 by and between the City of Waterloo, Iowa ("Grantee") and JOSEPH GBELLEY ARMAH/JOHNET J DOSEE ("Grantor"). 1. Grant of Temyorary 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 "T'empora/7 Easement") in, to, upon, over, SCroSs, 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 cannections, 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 Improvernents adjacent to the Premises, and that Granter 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 shad 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 Ternporary Easement Premises during the term hereof shall be at their sole risk. and Grantor hereby Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D 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. JOSEPH GBELLEY ARMAH By: JOHNETJ 'ISEE CITY OF WATERLOO, IOWA Bv: ,-Signed by: NW, 156t,St,t,t Attest: Dave Boesen. Mayor Signed by: Kelley fd& FFAORCOFFRCRdAR Kelley Felchle. City Clerk Docusign Envelope ID: 0C676AAC-5407-8CF8-808C-E4E04747B93D ( 20. E — RWAY — - TEMP/E — - PERM/E — 'Pr r LEGEND RIGHT-OF-WAY LINES TEMPORARY EASEMENT LINES PERMANENT EASEMENT LINES PERMANENT ACQUISITION PERMANENT EASEMENT TEMPORARY EASEMENT GRADING LIMITS REMOVAL E / \T / — — 4 1 0.0' Nol 20 JOSEPH GBELLEY ARMAH JOHNET J DOSEE 1431 EDGEWOOD DRIVE REMOVE AND REINSTALL FENCE TEMPORARY EASEMENT: 765 SQ. FT xRWAY RWAY 1 \©LC xRWAY Lr25.0' 1 OHE - OHE OHE OHE OHE L-411--- -=—GO— HE PROTECT POWER POLE — W(D) — — — — — — — SECTION LINE GRADING LIMITS — — W(D) — CPS / ,l // 11 1 5D — - — SD HUNTINGTON ROAD OHf SAN(L) - — FO(0) — SD J HUNTINGTON RD AND KATOSKI DR RECONSTRUCTION PARCEL IMPACT DISPLAY roth PARCEL 20 0 20 SCALE: 1 "= 40' 40 DRAWN: G. MEIDENBAUER CHECKED: A. FLOP 101,40a.7017574111t aEnrncmtAIR10J.7aF.11-0:3T.101*4110>raylU13ii1:TMFM11i:110113