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Home My WebLink About2015-608-7/27/2015Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-608 RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW FOR THE CONSTRUCTION OF A FENCE AND SHED 15 FEET INTO THE CITY OWNED RIGHT-OF-WAY, LOCATED AT 1625 WAKONDA DRIVE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated July 27, 2015, to allow for the construction of a fence and shed encroaching 15 feet into the City -owned right-of-way, generally located at 1625 Wakonda Drive, and legally described as follows: Greenbrier Second Addition, Lot 14; By and between Jessica Wiebbecke and the City of Waterloo, Iowa, is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City of Waterloo. PASSED AND ADOPTED this 27th day of July 2015. Ernest G. Clark, Mayor ATTEST: G2 Suzy Sc .res, CMC City Cle k IIIJIIlIffh1IIIIIIIIIIIjJJjIlJIIjlI!IllhJIllIIfflllJJIIlJIllhJIIllji/i!jii!JiiJII IIIII III! IIII Doc ID: 007656370001 Type: GEN Recorded: 06/16/2017 at 09:52:33 AM Fee Amt: $7.00 Page 1 of 1 Black Hawk County Iowa SANDIE L. SMITH RECORDER File 2017-00022159 Prepared by Kelley Felchle, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-608 RESOLUTION APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW FOR THE CONSTRUCTION OF A FENCE AND SHED 15 FEET INTO THE CITY OWNED RIGHT-OF-WAY, LOCATED AT 1625 WAKONDA DRIVE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement dated July 27, 2015, to allow for the construction of a fence and shed encroaching 15 feet into the City -owned right-of-way, generally located at 1625 Wakonda Drive, and legally described as follows: Greenbrier Second Addition, Lot 14; By and between Jessica Wiebbecke and the City of Waterloo, Iowa, is hereby approved and the Mayor and City Clerk are authorized and directed to execute said agreement on behalf of the City of Waterloo. PASSED AND ADOPTED this 27th day of July 2015. .rte. ATTEST: rr--- Suzy Sc _ res, CMC City Cle1k .4,://:21.s4/774g, Ernest G. Clark, Mayor C-1) 1111111111111111111111111111111111111111111111111111111111111 IIIi Doc ID: 007656380002 Type GEN Recorded: 06/16/2017 at 09:52:59 AM Fee Amt: $12.00 Page 1 of 2 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fi1e2017-00022160 w_ Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Jessica Wiebbecke (hereinafter "Applicant"), and the City of Waterloo, Iowa (hereinafter "City") this T '`day of July, 2015. WHEREAS, Applicant is the owner of real estate commonly known as 1625 Wakonda Drive, Waterloo, Iowa 50703 and legally described as Lot 14 of Greenbrier Second Addition, in the City of Waterloo, Black Hawk County, Iowa (hereinafter "Applicant Property"); and WHEREAS, Applicant is proposing to build and maintain a shed and fence (hereinafter the "Encroachment") that will encroach into the public right-of-way of West Donald Street (hereinafter "Street"); and WHEREAS, for the benefit of the Applicant Property and its owner(s), Applicant is requesting to allow the Encroachment within a portion of said Street legally described as: The Northerly 15 feet of the Public Right of Way of West Donald Street, said Line of Public Right of Way is Coincident with the Southerly Line of Lot 14 of Greenbrier Second Addition, in the City of Waterloo, Black Hawk County, Iowa, lying adjacent to said Lot 14 and Easterly of the Westerly Line of said Lot 14 extended, and Westerly of the Easterly Line of said Lot 14 extended (hereinafter the "Encroachment Area"); and WHEREAS, the City is willing to allow the Encroachment to encroach into said Street as described above, subject to the terms and conditions set forth herein. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Applicant hereby recognizes and reaffirms the existence and public ownership of the Street and claims no rights or privileges therein except to the limited extent provided for in this agreement. 2. The City grants Applicant the right to place and maintain the Encroachment in and upon the Encroachment Area of said Street, subject to the rights of the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement to and for access over, under and upon said Street, expressly recognizing and acknowledging that any damage that occurs to the Encroachment will be the sole risk and expense of Applicant, including removing or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement needs the Encroachment to be temporarily removed for access to said Street, Applicant shall remove the Encroachment if present and able, otherwise the City and/or any agency to which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to remove the Encroachment and assess any costs for removing sane against Applicant or against Applicant Property. 3. The term of this agreement shall be for so long as said encroachment is maintained by Applicant and continues to exist, and that this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). The parties agree that this agreement is appurtenant to the Applicant Property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to Applicant, or any transferees, successors and assigns. If responsible parties fail to remove said encroachment upon termination of this agreement, the City of a Waterloo is hereby authorized to remove said Encroachment and assess costs to Applicant or against Applicant Property. 4. Applicant shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and their officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise or right-of-way License Agreement, from and against any claim, damages, liability and expenses (including, but not limited to, reasonable attorneys fees and costs of litigation) of any type or nature whatsoever arising out of the use, maintenance or removal of said Encroachment, including but not limited to any damage to said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a written instrument signed by the parties. This agreement is binding upon the parties and their respective transferees, successors, heirs and assigns. Time is of the essence in observing the terms of this agreement. IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized officers as of the date first set forth above. OWNER APPLICANT PROPERTY CITY OF WATERLOO, IOWA By: Wd ObbQC4 By: ,frt-ee, JesWiebbecke Ernest G. Clark, Mayor Attest: Suzy Sch es, City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this g ( day of July, 2015, by Jessica Wiebbecke, as Owner of Applicant Property. No Its ary P'r_ .-J STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this day of July, 2015, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES 2 Notary Public