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Home My WebLink AboutD and J Investments, Inc-6/20/2011ENCROACHMENT AGREEMENT 1111111111111111111111111111111111111111111111111111111111111111111 Doc ID 004503780005 Type GEN Kind AGREEMENT Recorded: 06/27/2011 at 01:24:41 PM Fee Amt: $29.00 Pape 1 of 5 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File201 —00024258 Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327 THIS ENCROACHMENT AGREEMENT is entered into by and between D and J Investments, Inc., hereafter "D and J", and the City of Waterloo, Iowa, hereinafter "City", this f --day of June 2011. r+ WHEREAS, D and J is the owner(s) of real estate commonly known as 3900 Alexandra Drive, Waterloo, Iowa 50701 and legally described in attached Exhibit "A"; and WHEREAS, there is City owned land adjacent to the South line of D and J property, which is dedicated as a drainage way, hereinafter "Drainage Way"; and WHEREAS, D and J is requesting to.place approximately 120 linear feet of foundation footing for a building addition at 3900 Alexandra Drive into Drainage Way, hereinafter "Footing" to encroach 2' into said drainage way; and WHEREAS, the City is willing to allow said Footing to encroach 2' into Drainage Way, said encroachment legally described in attached Exhibit "B", subject to the following agreement regarding each party's rights. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Affirmation — D and J hereby recognizes and reaffirms, said Drainage Way. 2. Grants - The City grants D and J the right to place said Footing 2' into said Drainage Way as described in attached Exhibit "B", adjacent to the south property line of D and J property as described in attached Exhibit "A", expressively recognizing and acknowledging that said area shall remain as a Drainage Way. 3. Term of Agreement - The term of this agreement shall be for so long as said encroachment is maintained by D and J, and/or their successor or assigns, and said encroachment continues to exist. It is understood and agreed that this agreement is appurtenant to Real Estate 4. fndemnificatio — D and J and their successors and/or assigns, shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, employees, and agents from any claim, damages, liability and expenses arising out of the use or maintenance of drainage way, including any damage to said building addition or Footing. This covenant shall survive the termination of the agreement. D and J Investments, Inc. Dan Deery Its: Authorized Represe ative STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. On this 91. day of June, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Dan Deery 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. Rachael Brenden Iowa Notarial Seal Commission Number 765262 My Commission Expires 10/25/13 644a iren�— Notary Public City of Waterloo By: Q.ae_aur-+- Its: Mayer -Ay -biro Attest: Suzy Sc are , City Clerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me -el -ark -and Suzy Schares as Maw d City Clerk, og f AM on this _day of June, 2011, by nest G. respectively, of the City of Waterloo. Public "1'0� EXHIBIT "A" A the t on No. 2, Townshi No. 88 North£Range SNo. 13sWest aofethe r fFifth iPrincipal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Section; thence due East 1057.85 feet along the South line of said Section; thence North 0 degrees 17;5 minutes East 33 feet to the point of beginning; thence North 0 degrees 173, minutes East 562.25 feet; thence South 43 degrees 20% minutes West 292.7 feet; thence South 0 degrees 173E minutes West 219.25 feet; thence South 50 degrees 30 minutes. West 204.75 feet; thence South 90 degrees 00 minutes East 357.1 feet to the point of beginning; except that part thereof condemned by the City of Waterloo, Iowa in 548 LD 455 and 549 LD 216 and also except that part thereof conveyed to the City of Waterloo, Iowa in 560 LD 140. AND A No. 88 NNorth, Range No. 13Weart of the Southwest staofethe fFifth 1Principal Meridian, in the.City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast corner of Lot No. 4 in Southtown, Waterloo, Black Hawk County, Iowa; thence South 89 degrees 26 minutes 30 seconds West along the Northerly line of said Lot No. 4 a distance of 357.10 feet to the point of beginning; thence South 89 degrees 26 minutes 30 seconds West parallel with the South line of said Southwest Quarter 172.93 feet; thence North 49 degrees 56 minutes 30 seconds East 429.92 feet to the Easterly right of way line of East San Marnan Drive; thence South 00 degrees 14 minutes 00 seconds East along said Easterly right of way line 143.23 feet; thence South 49 degrees 56 minutes 30 seconds West along said easterly right of way line 204.75 feet to the point of beginning; except that part thereof conveyed to the City of Waterloo, Iowa 560 LD 143. NOTE: The South line of said Southwest Quarter is assumed to bear South 89 degrees 26 minutes 30 seconds West. AND A parcel of land in the Southwest Quarter of the Southwest Quarter of Section No. 2, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Southwest corner of said Section; thence due East 1317.85 feet along the South line of said Section to the Southeast corner of said Southwest Quarter of the Southwest Quarter; thence North 0 degrees 17% minutes East 33 feet to the a7 568 PAcE729 EXHIBIT "A" CONTINUED point of beginning; thence North 0 degrees 17% minutes East 710,7 feet; thence South 48 degrees 48 minutes West 266.9 fee'-; thence South 0 degrees 17;5 minutes West 534.9 feet; thence South 90 degrees 00 minutes East 200 feet to the point of beginning, except the South 100 feet thereof. AND That part of the Southwest Quarter (SWj%) of Section Two (2), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at a point on the West line of Alexandra Drive which is One Hundred (100.00) feet North of the Northeast corner of Lot Four (4), Southtown; thence S89°26'30"W Four Hundred Nine and Thirteen Hundredths (409.13) feet to the most Northwesterly corner of Land Deed 560-143 and point of beginning; thence continuing S89°26'30"W One Hundred Twenty-five and Forty-six Hundredths (125.46) feet; thence N48°15'44"E Six Hundred Sixty- seven and Nineteen Hundredths (667.19) feet; thence S42°17'18"E Fifty-two and Twenty-eight Hundredths (52.28) feet to the West line of said Alexandra Drive; thence SO°17'30"W Seventy-eight and Eight Hundredths (78.08) feet along said West line; thence S65°07'20"W Two Hundred Twenty and Seventy-six Hundredths (220.76) feet; thence SO°17'30"W Fifty-six and Two Hundredths (56.02) feet to the Northerly corner of parcel °B" as recorded in Misc. 303 at Page 445; thence S49°56'30"W Two Hundred Seventy-two and Seventy -One Hundredths (272.71) feet to the point of beginning, containing 51,200 S.F. N'ix 566 PRGE730 • EXHIBIT "B" A part of the Southwest IA of Section 2, Township 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: The South Two (2) feet of the North Twelve (12) feet of the West 120 feet of the East 290.6 feet of a tract of land described in Land Deed Book 560 page 140 and Land Deed Book 560 page 143 in the office of the Black Hawk County Recorder's Office. Said Two (2) foot wide strip lies adjacent to the South line of Parcel K, as recorded in Doc. #2010- 020036, and Parcel L in said Southwest Quarter of Section 2.