HomeMy WebLinkAboutJoshua Jebe/Janette Brookman-8/15/2011ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Joshua Jebe and
Jenette B ookman, hereinafter "Jebe/Brookman", and the City of Waterloo, Iowa, hereinafter "City"
this{'. y of August 2011
WHEREAS, Jebe/Brookman is the owner of real estate commonly known as 813Fairview
Avenue, Waterloo, Iowa 50703 and legally described as Grand View Place, Lot 13, Block 2 in the
City of Waterloo, Black Hawk County, Iowa, hereinafter "Jebe/Brookman Property"; and
WHEREAS, there is city owned right-of-way adjacent to the east line at Jebe/Brookman
property, which is dedicated as public Fairview Avenue, hereinafter "right-of-way"; and
WHEREAS, Jebe/Brookman is requesting to build a 3' tall retaining wall 5' on and over a
portion of said right-of-way legally described as: The Westerly five (5) feet of Fairview Avenue
lying Southerly of an Easterly extension of the North line of Lot 13, Block 2, Grand View Place,
and lying Northerly of an Easterly extension of the South line of Lot 13, Block 2, Grand View
Place; all in the City of Waterloo, Black Hawk County, Iowa. ; and
WHEREAS, the City is willing to allow said retaining wall 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:
1. Jebe hereby recognizes and reaffirms, said right-of-way.
2. The City grants Jebe/Brookman and all successors or assigns the right to place and
maintain said retaining wall on and over said right-of-way as shown on 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 within said right-of-way,
expressly recognising and acknowledging that any damage that occurs to said retaining
wall will be the sole risk and expense of Jebe/Brookman and 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 retaining wall to be
temporarily moved for access to said right-of-way, Jebe/Brookman and all successors
or assigns shall move said retaining wall 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 retaining wall and assess any costs for moving against
Jebe/Brookman and all successors or assigns, or against Jebe/Brookman Property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Jebe/Brookman or all 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). The rights granted to
Jebe/Brookman are personal to her and may be assigned or transferred to any other
person or entity. It is understood and agreed that this agreement may be terminated by
the City of Waterloo upon 60 days notice and order to permanently remove to
Jebe/Brookman or any successors or assigns and that Jebe/Brookman or any
successors or assigns agrees to remove said encroachment prior to the end of the 60
days notice and termination of this agreement. If Jebe/Brookman or any successors or
assigns fail to remove said encroachment upon termination of this agreement,
Jebe/Brookman or any successors or assigns authorize the City of Waterloo to remove
said encroachment and assess costs to Jebe/Brookman or any successors or assigns or
against Jebe/Brookman Property.
4. Jebe/Brookman and all successors 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 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 right-of-way, including any damage to said encroachment. This
covenant shall survive the termination of this Agreement.
Jenette Brookman
City oj' aterloo
By: Ernest G. Clark
Its: Mayor
Attest:
Suzy Schare"a, City Clerk
STATE OF IOWA )
COUNTY OF BLA("M HAWK ) SS.
On this Vc Lay of August 2011, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Joshua Jebe and Jenette Brookman to me known to be the
identical persons named herein and who executed the foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed.
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this 9 'qday of August, 2011, by Emest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
Iry Pub