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HomeMy WebLinkAboutDan Deery Motors-5/14/2012ENCROACHMENT AGREEMENT Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327 THIS ENCROACHMENT AGREEMENT is entered into by and between Dan Deery Motors, hereinafter "Deery", and the City of Waterloo, Iowa, hereinafter "City" this ir day of May 2012. WHEREAS, Deery is the owners) of real estate commonly known as 3900 Alexandra Drive, Waterloo, Iowa 50701 and legally described as (see attached Exhibit A), hereinafter "Deery property"; and WHEREAS, Deery is requesting to place 11 concrete vehicle display pads, hereinafter "Vehicle Display Pads" to encroach on and over a portion of East San Marnan Drive right-of-way, hereinafter "right-of-way", more particularly described as that part of the Southwest Quarter (SW'/4) of Section 2, Township 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Northerly Corner of Parcel C, recorded in Book 311 at Page 879 in the office of the Black Hawk County Recorder; thence S 48°15'44" W along the Southeasterly Right of Way line of San Marnan Drive 667.26 feet; thence N 41°45'05" W 7.00 feet; thence N 48°14'55" E 667.19 feet; thence S 42°17'18" E 7.00 feet to the point of beginning; and WHEREAS, the City is willing to allow said Vehicle Display Pads to encroach into said right- of-way subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Affirmation - Deery hereby recognizes and reaffirms, said right-of-way. 2. Grants - The City grants Deery the right to place and maintain said Vehicle Display Pads on and over said right-of-way, 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 right-of-way, expressly recognizing and acknowledging that any damage that occurs to said Vehicle Display Pads will be the sole risk and expense of Deery, or all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Vehicle Display Pads to be temporarily moved for access to said right-of-way, Deery and all successors or assign, shall move said Vehicle Display Pads if present and able, otherwise the City of Waterloo and/or any agency to which the City has granted a utility franchise shall be authorized to move said Vehicle Display Pads and assess any costs for moving against Deery or any successors or assigns, or against the Deery 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 Vehicle Display Pads. 3. Term of Agreement - The term of this agreement shall be for so long as said encroachment is maintained by Deery, 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 notable). 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 Deery, or any successors and assigns, and that Deery, and any successors and assigns, agree to remove said encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If Deery, or any successors and assigns, fail to remove said encroachment upon termination of this agreement, Deery, or any successors and assigns, authorize the City of Waterloo to remove said encroachment and assess costs to Deery, or any successors and assigns, or against the Deery property. 4. Indemnification - Deery, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and 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 encroachment, including any damage to said encroachment. This covenant shall survive the termination of this Agreement. Dan Deery Moto 8 Jamie + ompson Its: City of aterloo y: Ernest G. Clark Its: Mayor Attest: Suzy Scha*es, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK ) SS. On this 't day of May, 2012, before me, the undersigned, a Notary Public in and of Iowa, personally appeared Jamie Thompson to me known to be the identical persons herein and who executed the foregoing instrument and acknowledged that the execu as their voluntary act and deed. TIM ANDERA COMMISSION NO. 772618 MY COMMISSION EXPIRES April 11, 201$ for the State named -the same Notary ' ublic STATE OF IOWA COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this \ day of May, 2012, by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, + ' ,the City of Waterloo. Public Exhibit A Legal Description Encroachment Easement Deery — San Marnan That part of the Southwest Quarter (SW%) of Section 2, Township 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Northerly Corner of Parcel C, recorded in Book 311 at Page 879 in the office of the Black Hawk County Recorder; thence S 48°15'44" W along the Southeasterly Right of Way line of San Marnan Drive 667.26 feet; thence N 41°45'05" W 7.00 feet; thence N 48°14'55" E 667.19 feet; thence S 42°17'18" E 7.00 feet to the point of beginning, containing 0.107 acres.