HomeMy WebLinkAboutRichard and Sharon Penn-3/14/2011ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Richard L. Penn and
Sharon L. Armfield-Penn, hereinafter "Penn", and the City of Waterloo, Iowa, hereinafter "City"
this day off 2011.
WHEREAS, Penn is the owner(s) of real estate commonly known as 316-320 West 4th Street,
Waterloo, Iowa 50701 and legally described as Original Plat, Waterloo West, the Northeasterly
sixty (60) feet of the Southeasterly thirty (30) feet of Lot 9, Block 16, and the Northeasterly sixty
(60) feet of Lot 10, Block 16 all in the City of Waterloo, Black Hawk County, State of Iowa,
hereinafter "Penn property"; and
WHEREAS, there is City owned right-of-way adjacent to the Northeasterly line of Penn
property, which is dedicated as public alley, hereinafter "Alley"; and
WHEREAS, Penn is requesting to place four (4), 8.5"x 36" parking bollards along the northeasterly
wall of the building at 316-320 West 4th Street, hereinafter `Bollards" to encroach 23.25" into said
alley; and
WHEREAS, the City will not allow for an encroachment of 23.25" into said alley, but will
allow said Bollards to encroach 13" into said alley as shown on 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 - Penn hereby recognizes and reaffirms, said alley.
2. Grants - The City grants Penn the right to place and maintain said Bollards on and over
said alley, 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 alley,
expressly recognizing and acknowledging that any damage that occurs to said Bollards
will be the sole risk and expense of Penn, or 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 Bollards to be temporarily moved for access to
said alley, Penn and all successors or assign, shall move said Bollards if present and
able, otherwise the City and/or any agency to which the City has granted a utility
franchise shall be authorized to move said Bollards and assess any costs for moving
against Penn or any successors or assigns, or against the Penn property. The City
and/or any agency to which the City has granted a utility franchise shall not be
responsible or liable for damage or replacement of said Bollards.
3. Term of Agreement - The term of this agreement shall be for so long as said
encroachment is maintained by Penn, or any 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). It is
understood and agreed that this Agreement is appurtenant to Real Estate. It is further
understood and agreed that this agreement may be terminated by the City upon 60 days
notice and order to permanently remove to Penn, or any successors and assigns, and
that Penn, and any successors and assigns, agree to remove said encroachments) prior
to the end of the 60 days notice and termination of this agreement. If Penn, or any
successors and assigns, fail to remove said encroachment upon termination of this
agreement, Penn, or any successors and assigns, authorize the City to remove said
encroachment and assess costs to Penn, or any successors and assigns, or against the
Penn property.
4. Indemnification - Penn, and all successors and 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 encroachment, including any damage to said encroachment. This
covenant shall survive the termination of this Agreement.
Richard L. Penn
City of Waterloo
By: LQi i
Its: Mayor$ 1)-7km
Attest:
Sharon L. Armfield-Penn
Suzy Sch4es,City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this day of February, 2011, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Richard L. Penn and Sharon L. Armfield-Penn 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.
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This instrument was acknowledged before me on this ,day of , 2011, bye.
and Suzy Schares as d City Clerk, respectively, of the City of Waterloo.
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