HomeMy WebLinkAboutABCM Corporation-2/11/2013ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 80703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between ABCM Corporation,
hereinafter "ABCM", and the City of Waterloo, Iowa, hereinafter "City" this day of
2013.
WHEREAS, ABCM is the owner of real estate commonly known as 2950 West Shaulis Road,
Waterloo, Iowa 50701 and legally described as:
UNPLATTED WATERLOO WEST A PART OF SOUTHWEST 1/4 SECTION 7 TOWNSHIP 88 RANGE 13
DESCRIBED AS FOLLOWING: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4
THEN EASTERLY ALONG THE SOUTHERLY LINE A DISTANCE OF 105 FEET THEN NORTHERLY
PARALLEL TO THE WESTERLY LINE OF SAID SOUTHWEST 1/4 A DISTANCE OF 50 FEET TO THE POINT
OF BEGINNING THEN EASTERLY ALONG LINE PARALLEL TO SOUTHERLY LINE OF SAID SOUTHWEST
1/4 A DISTANCE OF 536 FEET THEN NORTH PARALLEL TO WESTERLY LINE OF SAID SOUTHWEST 1/4 A
DISTANCE OF 307.06 FEET THEN WEST PARALLEL TO SOUTHERLY LINE OF SAID SOUTHWEST 1/4 A
DISTANCE OF 369.69 FEET THEN SOUTH 35 DEGREES 16 MINUTES 20 SECONDS WEST A DISTANCE OF
309.84'FEET THEN SOUTH 16 DEGREES 55 MINUTES 10 SECONDS EAST A DISTANCE OF 57.43 FEET TO
THE POINT OF BEGINNING EXCEPT THAT PART TO THE CITY OF WATERLOO AS DESCRIBED IN LAND
DEED BOOK 559 PAGE 870,
And
UNPLATTED WATERLOO WEST PART OF SOUTHWEST 1/4 SECTION 7 TOWNSHIP 88 RANGE 13
COMMENCING AT THE SOUTHWEST CORNER OF SOUTHWEST 1/4 OF SAID SECTION THEN EAST
ALONG THE SOUTH LINE OF SAID SECTION 641 FEET THEN NORTH 50 FEET TO THE POINTT OF
BEGINNING THEN CONTINUING NORTH 307.06 FEET THEN EAST 30 FEET THEN SOUTH 307.06 FEET
THEN WEST 30 FEET TO THE POINT OF BEGINNING SECTION 7 TOWNSHIP 88 RANGE 13, hereinafter
"ABCM property"; and
WHEREAS, there is City owned right-of-way adjacent to the south line of ABCM property, which is
dedicated as public right-of-way, hereinafter "right-of-way"; and
WHEREAS, ABCM has requested to place a sign that would be located partially within the right-of-
way, with the encroachment area as shown on attached Exhibit "A"(the "sign") and agree to remove any
existing sign encroaching into said right-of-way; and
WHEREAS, the City is willing to allow said sign to encroach into said right-of-way as described
above, subject to the following agreement regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
Page 1 of 3
1. Affirmation. ABCM hereby recognizes and reaffirms, said right-of-way.
2. Grants. The City grants ABCM, and all successors or assigns the right to maintain said
encroachment into said right-of-way as described herein, subject to the rights of the City and/or
any agency to which the City has granted a utility franchise to and for access over, under and
upon said street, expressly recognizing and acknowledging that any damage that occurs to said
encroachment will be the sole risk and expense of ABCM and all successors or assigns,
including repair or removal expenses. In the event that the City and/or any agency to which
the City has granted a utility franchise needs said encroachment to be temporarily removed for
access to said right-of-way, ABCM and all successors or assigns shall remove said
encroachment if present and able, otherwise the City and/or any agency to which the City has
granted a utility franchise shall be authorized to remove said encroachment and access any
costs for removal against ABCM and all successors or assigns, or against ABCM property.
The City and/or any agency to which the City has granted a utility franchise shall not be
responsible or liable for damage or replacement of said encroachment.
3. Term of Agreement. The term of this agreement shall be for so long as said encroachment is
maintained by ABCM, or any successors or assigns, and said encroachment continues to exist,
and that this agreement shall automatically terminate if said encroachment is removed (other
than for temporary removal as noted above). It is understood and agreed that this Agreement is
appurtenant to Real Estate. It is further understood and agreed that this agreement may be
terminated by the City of Waterloo upon 60 days notice and order to permanently remove to
ABCM, or any successors or assigns, and that ABCM, or any successors or assigns, agree to
remove said encroachment prior to the end of the 60 days notice and termination of this
agreement. If ABCM, or any successors or assigns, fail to remove said encroachment upon
termination of this agreement ABCM, and any successors or assigns, authorize the City of
Waterloo to remove said encroachment and assess costs for removal against ABCM and all
successors or assigns, or against ABCM property.
4. Indemnification. ABCM, and all successors or assigns, shall protect, defend, indemnify, and
hold harmless the City and its successors or assigns, and its officers, elected officials,
employees, and agents, and any agency to which the City has granted a utility franchise from
any claim, damages, liability and expenses (including, but not limited to, reasonable attorneys
fees and costs of litigation) arising out of the use or maintenance of said alley or said
encroachment, including any damage to said encroachment. This covenant shall survive the
termination of this Agreement.
5. General. This Agreement, together with any addenda or exhibits hereto, constitute the entire
agreement of the parties or contemporaneous negotiations, discussions understandings, or
agreements, whether oral or written, with respect to the subject matter hereof. This Agreement
may be modified only by the mutual written agreements of the parties.
Page 2 of 3
Attest:
Suzy Shares, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
ABCM CORPORATION
City of Waterloo
By: Ernest Clark
Its: Mayor
This instrument was acknowledged before me on , 2013 by as
of ABCM Corporation.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of , 2013, by Ernest
Clark and Suzy Shares as Mayor and City Clerk, respectively, of the City of Waterloo.
Notary Public
Page 3 of 3
Exhibit "A"
2950 W Shaulis
Encroaching S gn
1' x 8' in size
1' north of Bike trail
/////X//
370' 411- _ 120'
Bike Trail (Shaulis Road Trail)
W SHAULIS RD