HomeMy WebLinkAboutASA Properties, LLC-8/17/2015 (2)I11111IIVIIRNIYYIYII1111111IVYIIYIIR
Doc ID: 007030210002 Type: OEN
Recorded: 05/18/2016 at 03:40:47 PM
Fee Amt: $12.00 Page 1 of 2
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fi1e2016-00019531
*Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between AS41 Properties LLC
(hereinafter "ASA"), and the City of Waterloo, Iowa (hereinafter "City") this ! 14 day ofAut9 . -
2015.
WHEREAS, ASA is the owner of real estate commonly known as 621-623 Ansborough
Avenue, Waterloo, Iowa 50701 and legally described as Lots 18, 19, 20, 21, 22 and 23 of First
Addition to Galloway, City of Waterloo, Black Hawk County, Iowa, except the West 35 feet thereof
(hereinafter "ASA Property"); and
WHEREAS, ASA is proposing to build and maintain a sign (hereinafter the "Encroachment")
that will encroach into a public utility easement (hereinafter "Easement"), said sign being a
maximum of 6 feet in height and 54 inches in width with two wooden posts extending not more
than 42 inches into the ground with no cement footing around the posts; and
WHEREAS, for the benefit of the ASA Property and its owner(s), ASA is requesting to allow the
Encroachment within a portion of said Easement legally described as: The South 10 feet of the North
20' of the East 10' of the West 45' of Lot 19 of First Addition to Galloway, City of Waterloo, Black
Hawk County, Iowa (hereinafter the "Encroachment Area"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Easement 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. ASA hereby recognizes and reaffirms the existence of the Easement.
2. The City grants ASA the right to place and maintain the Encroachment in and upon the
Encroachment Area of said Easement, 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 Easement, expressly
recognizing and acknowledging that any damage that occurs to the Encroachment will
be the sole risk and expense of ASA, 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 Easement, ASA 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 same against ASA or against ASA
Property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
ASA 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 ASA 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 ASA, or any
transferees, successors and assigns. If responsible parties fail to remove said
encroachment upon termination of this agreement, the City of Waterloo is hereby
authorized to remove said Encroachment and assess costs to ASA or against ASA
Property.
4. ASA 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.
ASA Properties LLC
By:
CITE OF WATERLOO, IOWA
By: ,A,
Anthony Huff, &siden Ernest G. Clark, Mayor
)/# 6147/
Attest:
Suzy Sc l ares, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 50,7/day of June, -20-1-5 by/ thony Huff,
as President of ASA Properties LLC.
okIAL
•
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11M ANDERA
COMMISSION NO 7718
MY COMMISSION EXPIRES
APRIL 11, 2018
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
Notary Public
-141
This instrument was acknowledged before me on this 1 day of 543r2015, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary Public
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