HomeMy WebLinkAboutThe Russell Lamson LC-5/9/2011 (4)111111111111111111111111111111111111111111101111111151111111
Doc ID 004505810003 Type OEN
Kind MISCELLANEOUS
Recorded: 06/29/2011 at 11:51:38 AM
Fee Amt: $19.00 Page 1 of 3
Black Hawk County Iowa
JUDITH A MCCARTHY RECORDER
File2011-00024413
«e-} - P[Of r1.1 r x 4- ?-or\ i,n Q - CJ±4 CC ls.D Ck_4 e- dc)
Prepared by Christopher S. dland, 315 E. 5th Street, Waterloo:1A, 50703 319-234-5701
CONSENT TO ENCROACHMENTS
This Consent to Encroachments (the "Consent") is entered into as of •--'- , 2011, by and
between the City of Waterloo, Iowa (the "City") and The Russell Lamson, LC (the "Owner").
WHEREAS, Owner is the record owner of real estate commonly known as the Russell Lamson
Building, 209 W. 5th Street, Waterloo, Iowa, and legally described as: "Lots 3, 4 and 5, Block 9,
Original Plat on the West Side of the Cedar River, City of Waterloo" (the "Owner's Property"); and
WHEREAS, there is City -owned right of way (the "City Property") consisting of public alley
abutting the Owner's Property on the southwesterly side, and public street and sidewalks abutting the
Owner's Property on the northwesterly and northeasterly sides; and
WHEREAS, there are various features of the building located on the Owner's Property that
encroach upon and over the City Property, consisting of one or more light fixtures, canopies, air
conditioners, window air conditioning units, awnings, standpipes, flag poles, fire escapes, window
sills and ledges, and masonry and other building veneers (each an "Encroachment"); and
WHEREAS, the Owner desire to maintain the Encroachments, and the City is willing to allow
the Encroachments subject to the terms set forth herein.
NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties
agree as follows:
1. Affirmation. The Owner hereby recognizes and reaffirms the City Property,
notwithstanding the existence of the Encroachments or their previous duration for any length of
time. The Owner claims no rights in or to the City Property, or any part thereof.
2. Consent. The City hereby consents to the Owner's maintenance of the Encroachments
into, over and upon the City Property, subject to the rights of the City and/or any public or private
agency (a "Franchisee") to which the City has granted a utility franchise for access over, under and
upon the City Property. If the Owner chooses at any time to repair or replace any Encroachment, the
physical footprint of the Encroachment may not be enlarged as compared to its current dimensions.
The parties expressly acknowledge that any damage that occurs to an Encroachment in connection
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?-19.0(7 —3
with ordinary use of the City Property, the work of repair or improvement to the alley, street or
sidewalk, or the work of repair or improvement to public or utilities infrastructure located in or upon
the City Property will be the sole risk and expense of the Owner, including but not limited to repair or
removal expenses.
3. Term of Consent. The term of this Consent shall commence upon the date hereof and,
with respect to any Encroachment, shall continue for so long as the Owner maintains such
Encroachment. It is understood and agreed that this Consent is appurtenant to the real estate and
shall run with the land.
4. Indemnification. The Owner shall protect, defend, indemnify, and hold harmless the
City and any Franchisee, and the officers, elected officials, employees, contractors and agents of
each, from and against any claim, demand, cause of action, damages, of liability of any type or nature
whatsoever (including but not limited to reasonable attorneys' fees and costs) arising out of or in any
way connected with an Encroachment or the use or maintenance of the City Property by the Owner,
its employees, contractors and agents, including but not limited to any damage to an Encroachment
by any person. Nothing herein shall be construed to impose on the Owner a duty to maintain the City
Property (except generally applicable duties of maintenance, including but not limited to snow
removal and sidewalk repair) or to monitor its use by any person except for the employees,
contractors and agents of the Owner. This covenant shall survive the termination of this Consent for
any reason.
5. General. This Consent is binding upon and shall inure to the benefit of the parties and the
respective successors and assigns of each. This Consent, 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 Consent may be modified only by the mutual written agreement of the
parties.
IN WITNESS WHEREOF, the parties have executed this Consent to Encroachments by their
duly authorized representatives as of the date first set forth above.
CITY OF WTERLOO, IOWA
By:
THE RUSSELL LAMSON, LC
By:
Ernest G. Clark, Mayor Robert M. Heaton, Managing Member
Attest:
1/41
Suzy Schars, City Clerk
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STATE OF IOWA )
COUNTY OF BLACK HAWK ) ss.
Acknowledged before me on 1 , 2011 by Ernest G. Clark and Suzy Schares as
Mayor and City Clerk, respectively, of t e City of W�terloIowa.
STATE OF IOWA
COUNTY OF BLACK HAWK
)
) ss.
Public
Acknowledged before me on APIA/ L 2 C1 , 2011 by Robert M. Heaton as Managing
Member of The Russell Lamson, LC, an Iowa limited liability company.
Notary Public
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