HomeMy WebLinkAboutLiberty Bank FSB-12/5/2011 (2)ENCROACHMENT AGREEMENT
Prepared by: David R. Mason, 415 Clay St., Cedar Falls, IA 50613 (319) 277-6530
THIS ENCROACHMENT AGREEMENT ("Agreement") is entered into by and between Liberty
BaIkF.S.B., her after "Liberty Bank", and the City of Waterloo, Iowa, hereinafter "City", this
day ofd— , 2011.
WHEREAS, Liberty Bank is the owner of real estate commonly known as 131 and 201 Tower
Park Drive, Waterloo, Iowa 50701 and legally described in attached Exhibit "A", hereinafter
"Liberty Bank Property"; and
WHEREAS, Nicki Street is a dedicated street owned by the City providing access to the Liberty
Bank Property from San Maman Drive, and
WHEREAS, Nicki Street has a median that divides its north and southbound lanes (the
"Median"), which Median is also owned by the City; and
WHEREAS, Liberty Bank is requesting to construct, use and maintain on the Median an
illuminated, two-sided monument sign a maximum of eight feet high and 18 feet long with tenant
panels and channel letters in a configuration similar to the design shown in attached Exhibit "B"
(the "Sign"), and in the location as shown on the site plan attached as Exhibit "C"; and
WHEREAS, construction and use of the Sign would include furnishing electrical power to the
Median by way of an underground boring from Liberty Bank's property to the Median as shown
on the site plan attached as Exhibit "C", said electrical line to be owned and maintained by
MidAmerican Energy, or its successors or assigns; and
WHEREAS, the City is willing to allow the construction, use and maintenance of the Sign on the
Median, which constitutes an encroachment on City property, subject to the following
Agreement describing the rights and obligations of each party.
THEREFORE, IT IS HEREBY AGREED by the parties as follows:
1. Affirmation. Liberty Bank hereby recognizes and affirms that Nicki Street and the
Median are City property. Liberty Bank claims no rights in or to the City property, or any part
thereof, except as expressly granted by the City in this Agreement.
2. Grants. City grants to Liberty Bank the right to construct, use and maintain the Sign on
the Median as shown on attached Exhibit "C", which Sign shall benefit Liberty Bank Property,
subject to the rights of the City and/or any public or private agency to which the City has granted
a utility franchise for access over, under and upon the City property. The Sign shall be centered
on the width of the Median, and no part of the Sign shall be located closer than 60 feet to the
back edge of curbing at the north end of the Median or 25 feet to the back edge of the curbing at
the south end of the Median. If Liberty Bank chooses at any time to repair or replace the Sign,
the physical footprint and height of the Sign may not be enlarged as compared to the approved
dimensions, and any reduction in the size of the Sign shall automatically cause a commensurate
reduction in the physical scope of the rights granted hereunder. The parties expressly
acknowledge that any damage that occurs to the Sign in connection with ordinary use of the
Median, the ordinary use of Nicki Street, the work to repair or improvement to Nicki Street, or
the work of repair or improvement to public or utilities infrastructure located in or upon Nicki
Street will be at the sole risk and expense of Liberty Bank.
3. • Median Maintenance. During the term of the Agreement, Liberty Bank shall bear all
responsibility for mowing the grass and otherwise maintaining the landscaping of the Median. If
Liberty Bank fails to mow the grass or maintain the landscaping of the Median, the City may do
so and assess any and all associated costs against Liberty Bank or the Liberty Bank Property.
4. Term of Agreement. The term of this Agreement shall be for so long as said
encroachment continues to exist and is used and maintained by Liberty Bank. This Agreement
shall automatically terminate if said encroachment is removed (other than for temporary
removal). In the event that the City needs to have the Sign removed in order to reconfigure or
redesign Nicki Street or West San Maman Drive roadways or adjacent utilities infrastructure,
then this Agreement may be terminated by the City upon 60 days' notice to Liberty Bank. Upon
such notice, Liberty Bank agrees to remove said Sign prior to the end of the 60 days' notice
period. If Liberty Bank fails to remove said Sign upon termination of this Agreement, Liberty
Bank authorizes the City to remove said Sign and assess all costs associated with removal to
Liberty Bank or against the Liberty Bank Property. It is understood and agreed that this
Agreement is appurtenant to the real estate and runs with the land.
5. Indemnification. Liberty Bank shall protect, defend, indemnify and hold harmless the
City, its officers, elected officials, employees, and agents from any claim, damages, liability and
expenses (including, but not limited to, reasonable attorneys' fees and costs of litigation) arising
out of or in any way connected to the use or maintenance of the Sign and adjacent Median,
including but not limited to any damage to the Sign or any property damage or personal injury
caused to any other person. This covenant shall survive the termination of the Agreement.
6. General. This Agreement is binding upon and shall inure to the benefit of the parties
and the respective successors and assigns of each. This Agreement, together with any
addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all
prior 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 agreement of the parties.
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Liberty Bank F.S.B.
By:
Michele H. Stevens
Its: Vice President
STATE OF IOWA )
) ss.
COUNTY OF BLACK HAWK )
This instrument was acknowledged before me on�/,�,� r' ...0 , 2011 by
Michele H. Stevens as Vice President of Liberty Bank F. .B.
DAVID R. MASON
Camrnbelors Number 201736
•MYrir5lErres
David R. Mason, Notary Public
3
City of Waterloo
By: /1/44ifill
Emest G. Clark
Its: • Mayor
Suzy Scharrs, City Clerk
STATE OF IOWA )
ss.
COUNTY OF BLACK HAWK)
This instrument was acknowledged before me on this 1day of ,
2011, by Ernest G. Clark and Suzy Schares as Maya and City Clerk, Iy, of the City of
Waterloo.
4
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EXHXrnT A
Parcel 1:
That part of Tract A, Tower Park, waterloo, Black Hawk County, Iowa, described as follows:
Commencing at. the Northwest copier of Northeast Quarter of the Northeast Quarter
(NEW NEW) of Sermon Nine (9), Township Eighty-eight (88) North, Range Thirteen (13)
West of the Sth P.Jti1., BJar k HaWk. County, Iowel thence South DO degrees 26 minutes 14
seconds Eastalong the West line of eaid Northeast Quarter -of the Northeast Quarter,
63,43 feet to the Struth right-of-way Pine of West San Mamaul Drive; thence South 89
degrees 03 minutes 48 seconds East, along said South right -of -may line, 1,207.00 feet
tathe West right-of-way line of Kimbali Avenue; thence South 18 degrees 02 minutes
49 seconds East, along said West right-of-way line, 159.44 feet; thence South 00
degrees 28 minutes 22 seconds East, along saki West right-of-way line, 154.27 feet;
thence North 89 degrees 31 minutes 38 seconds East, along saki West right-of-way line,
10.00 Net; thence South 00 degrees 28 minutes 2.2 Seco. s Last, along said West right-
of-way line, 29.20 feet; thence South 8.9 degrees 33 minutes 46 seconds West, 60.00
feet; thence Northwesterly along a curve concave Noftheasterly, having a radius of
284,80 feet, a distance of 123.88 feet; thence South 00 degrees 26 minutes 14 seconds
East, 176.52 feet; thence a South 89 degrees - 33 .rt notes 46.seconds West, 60.00 feet;
thence South 41 degrees 49 minutes 27 seconds West 423.78 feet to the point of
beginning; thence North 45 degrees 26 minutes. 14 seconds West, 324 feet; thence
North 00 degrees 26 minutes 14 seconds West, 90.51 feet; thence North 45 degrees 26
minutes 14 seconds West, 52.40 feet; thence Westeriy -along a curve concave Southerly,
having a radius of 64.00 feet, a distance of 100.53 feet; thence North 45 degrees 26
minutes 14 seconds West, 161.00 feet; thence Northeasterly along a nontangent curve
concave Southeasterly, having a radius of 665.00 feet and a long chord bearing North
67 degrees 03 minutes 47 seconds East, a distance of 522.29 feet; there South 00
degrees 26 minutes 14 seconds East, 374.75 feet; thence North 89 degrees 31 minutes
19 seconds East, 24.75 feet; thence South 0D degrees 28 minutes 41 seconds East,
24.20 feet; thence South 89 degrees 31 minutes 19 seconds West, 24.77 feet; thence
South 00 degrees 26 minutes 14 seconds East, 266.05 feet to the point of beginning.
Note: The West line of the Northeast Quarter.of the Northeast Querter of Section 9, Township
8.8 North, Range 1.3 West of the 5th P.M., Black Hawk County, Iowa, is assumed to bear
South 00 degrees 26 minutes 14 seconds Fast.
Parcel 2:
A parcel of land located in the Northeast Quarter of the Northeast Quarter (NEW NEy) of
Section Nine (9), Township Eighty-eight (88) North, Range Thirteen (13) West of the Fifth
Principal Meridian and part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa,.
described as follows;
Beginning at the most Southerly corner of said Tract 4 thence North 00 degrees 26
Minutes 14 seconds West a distance of 266,05 feel:, them North 89 degrees 31
minutes 19 seconds East a distance of 24.'77 feet; thence North 00 degrees 28 minutes
41 seconds West a distance of 24.20 feet; thence South 89 degrees 31 minutes 19
seconds West a distance of 24.75 feet; thence North 00 degrees 261Wrrutes 14 seconds
West a distance •of374.75 feet to the Southerly right-of-way line. of Tower Park Orem;
thence Easterly on said Southerly right-of-way on a non -tangent curve concave
Southerly having a radius q 665100 feet and a long -chord bearing South 87 degrees 25
minutes 22 seconds East a•distance of 69.97 fes; thence Southeasterly on a curVe
concave Southwesterly having a radiusof 263,72 feet and long chord bearing South 62
degrees 1:2 minutes 15 seconds East a distance of 204.40 feet; thence Southeasterly on
a curve concave Northeasterly having a radius of 284.80 feet and long chord bearing
South 52 degrees 4S minutes 27 seconds East a distance of 126.83 feet; thence
Southaasteriy on -a curve concave Northeasterly having a radius of 284,80 feet and long
chord bearing South 67 degrees 58_ minutes 45 seconds Fait a distance of 24.50 feet;;
thence South 19 degrees 33 Minutes 24 seconds West a distance of 51.57 feet; thence
South 00 degrees 26 minutes 14 seconds East a distance of 150.31 feet; thence South
50 degrees 42 minutes 06 .seconds West a distance of 449..48feet to the point of
beginning.
Note: The West line of the Northeast Quarter of the Northeast Quarter of Section 9, Township
88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, is assumed to bear
South 00 degrees 26 minutes 14 seconds East.
Black Hawk County, Iowa
Note: Parcel designations are for convenience of reference only and do not constitute an integral
part of the legal description.
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