HomeMy WebLinkAboutMDKJ Investments LLC-10/17/2011 (2)iiiiiiiiiiiiiiiiiiiiiiiill iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiioiiisiiiiiiiiiui
Doc ID 004643400003 Type: GEN
Kind EASEMENT
Recorded: 11/29/2011 at 12:24:22 PM
Fee Amt: 017.00 Page 1 of 3
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
F11e2012-00009798
ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between MDKJ Investments,
LLC, hereafter "Company", and the City of Waterloo, Iowa, hereinafter "City", this day of
October 2011.
WHEREAS, Company is the owner of real estate commonly known as 186 West 15th Street,
Waterloo, Iowa 50702 and legally described in attached Exhibit "A"; and
WHEREAS, there is City right-of-way adjacent to the Northeast line of Company property,
which is dedicated as a Public Alley, hereinafter "Alley"; and
WHEREAS, Company is requesting to place approximately 46 linear feet of foundation footing for
a building addition at 186 West 15th Street into Alley, hereinafter "Footing" to encroach 2' into said
Alley; and
WHEREAS, the City is willing to allow said Footing to encroach 2' into Alley, with said
encroachment legally described in attached Exhibit "A", subject to the following agreement
regarding each party's rights.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Affirmation — Company hereby recognizes and reaffirms, said Alley.
2. Grants - The City grants Company and all successors or assigns the right to place and
maintain said Footing 2' into said Alley as described in attached Exhibit "A", adjacent
to the Northeast property line of Company property as described in attached Exhibit
"A", 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 Alley, expressively
recognizing and acknowledging that any damage that occurs to said encroachment will
be the sole risk and expense of Company and all successors or assigns, including repair
or removal expenses.
3. Term of Agreement - The term of this agreement shall be for so long as said
encroachment is maintained by Company, and/or their successor 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. It is understood
and agreed that this agreement is appurtenant to Real Estate
4. Indemnification — Company and their successors and/or 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
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a utility franchise from any claim, damages, liability and expenses (including, but not
limited to, reasonable attorney's fees and costs of litigation) arising out of the use or
maintenance of drainage way, including any damage to said encroachment or building.
This covenant shall survive the termination of this agreement.
MDKJ Investments, LLC
By: Michael Everett
Its: Owner
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this gni_ day of October, 2011, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Michael Everett to me known to be the identical person(s)
named herein and who executed the foregoing instrument and acknowledged that they executed the
same as their voluntary act and deed.
TIM ANDERA
COMMISSION NO. 757031
MY COMMISSION EXPIRES
FEBRUARY 18, 2012
By: Ernest G. Clark
Its: Mayor
Attest:
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 1 day of October, 2011, by Ernest G.
1-6
Clark and Suzy Schares as Mayor and City Clerk, respectivel , of the City of Waterl • o.
Public
rtrwl!,,, '
Exhibit "A"
The Southwesterly 2 feet of the alley lying adjacent to Lot 10 in Block 10 of Hayes Addition, all in
the City of Waterloo, Black Hawk County, Iowa