HomeMy WebLinkAboutEva Culp-9/20/2010ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Eva Culp, hereinafter
"Culp", and the City of Waterloo, Iowa, hereinafter "City" this"ay of September 2010.
WHEREAS, Culp is the owner of real estate commonly known as 503 Gable Street, Waterloo,
Iowa 50703 and legally described as Peeks Second Addition, Lot 1, Block 6 and the West 15 Feet
of Peeks Second Addition, Lot 2, Block 6, in the City of Waterloo, Black Hawk County, Iowa,
hereinafter "Culp Property"; and
WHEREAS, Culp is the owner of handrail, hereinafter "Handrail" that is extending and
encroaching into Gable Street right-of-way, hereinafter "right-of-way"; and
WHEREAS, Culp is requesting to allow a Handrail on and over a portion of said right-of-way as
shown on the attached Exhibit "A"; and
WHEREAS, the City is willing to allow said Handrail to encroach into said right-of-way 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. Culp hereby recognizes and reaffirms, said right-of-way.
2. The City grants Culp the right to place and maintain said Handrail 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 recognizing and acknowledging that
any damage that occurs to said Handrail will be the sole risk and expense of Culp 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
Handrail to be temporarily moved for access to said right-of-way, Culp and all
successors or assign shall move said Handrail 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 Handrail and assess any costs for moving against Culp or any
successors or assigns.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Culp, or any successors or assigns, and said encroachment continues to exist, and that
this agreement shall automatically terminate if said encroachment is removed. 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 of Waterloo
upon 60 days notice and order to permanently remove to Culp, or any successors and
assigns, and that Culp, and any successors and assigns agree to remove said
encroachment(s) prior to the end of the 60 days notice and termination of this
agreement. If Culp, or any successors and assigns fail to remove said encroachment
upon termination of this agreement, Culp, or any successors and assigns authorize the
City of Waterloo to remove said encroachment and assess costs to Culp, or any
successors and assigns, or against Culp Property.
4. Culp, 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 easement, including any damage to said encroachment(s), This
covenant shall survive the termination of this Agreement.
Eva Culp, Property Owner
Attest:
Suzy Sc" . =�, City Clerk
STATE OF IOWA
COUNTY OF BLACK HAWK
) SS.
City of Waterloo
By: Ernest G. Clark
Its: Mayor
On this day of September, 2010, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared Eva Culp 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 .,. 5. ,+ TIM ANDERA
r. COMMISSION NO. 757031
MY COMMISSION EXPIRES
saw FEBRUARY 18, 2012
•
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of September, 2010, by Ernest
G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
Printable Map Output
Page 1 of 1
Black Hawk County Parcel Map
Parcel ID:
8913-13-451-025
Deed Holder:
_ _
CULP,EVA
Parcel Address:
__ _
503 GABLE ST, WATERLOO, IA 50703
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Black Hawk County, Iowa
316 East 5th Street
Waterloo, Iowa 50703-4774
Phone: (319) 833-3002
Fax: (319) 833-3070
E-mail: auditor(a)co.black-hawk.ia.us.orq
Map Disclaimer. This map does not represent a survey. No liability is assumed for the
accuracy of the data delineated herein, either expressed or implied by Black Hawk County,
the Black Hawk County Assessor or their employees. This map is compiled from official
records, including plats, surveys, recorded deeds, and contracts, and only contains
information required for local govemment purposes. See the recorded documents for more
detailed legal information.
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ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Eva Culp, hereinafter
"Culp", and the City of Waterloo, Iowa, hereinafter "City" this day of September 2010.
WHEREAS, Culp is the owner of real estate commonly known as 503 Gable Street, Waterloo,
Iowa 50703 and legally described as Peeks Second Addition, Lot 1, Block 6 and the West 15 Feet
of Peeks Second Addition, Lot 2, Block 6, in the City of Waterloo, Black Hawk County, Iowa,
hereinafter "Culp Property"; and
WHEREAS, Culp is the owner of handrail, hereinafter "Handrail" that is extending and
encroaching into Gable Street right-of-way, hereinafter "right-of-way"; and
WHEREAS, Culp is requesting to allow a Handrail on and over a portion of said right-of-way as
shown on the attached Exhibit "A"; and
WHEREAS, the City is willing to allow said Handrail to encroach into said right-of-way 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. Culp hereby recognizes and reaffirms, said right-of-way.
2. The City grants Culp the right to place and maintain said Handrail 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 recognizing and acknowledging that
any damage that occurs to said Handrail will be the sole risk and expense of Culp,
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 Handrail to be
temporarily moved for access to said right-of-way, Culp shall move said Handrail 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 Handrail and assess any
costs for moving against Culp.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Culp, and said encroachment continues to exist, and that this agreement shall
automatically terminate if said encroachment is removed. The rights granted to Culp
are personal to her and may not be assigned or transferred to any other person or
entity. Furthermore, if Culp sells or conveys the property, this agreement is terminated
and the improvements shall be immediately removed. It is further understood and
agreed that this agreement may be terminated by the City of Waterloo upon 60 days
notice and order to permanently remove to Culp, and that Culp agrees to remove said
encroachment(s) prior to the end of the 60 days notice and termination of this
agreement. If Culp fails to remove said encroachment upon termination of this
agreement, Culp authorizes the City of Waterloo to remove said encroachment and
assess costs to Culp, or against Culp Property.
4. Culp 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 easement, including any
damage to said encroachment(s). This covenant shall survive the termination of this
Agreement.
Eva Culp, Property Owner
Ci I• f Waterloo
Attest:
By: Ernest G. Clark
Its: Mayor
Suzy Schkres, pity Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this day of September, 2010, before me, the undersigned, a Notary Public in and for
the State of' Iowa, personally appeared Eva Culp 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 day of September, 2010, by Ernest
G. Clark and Suzy Schares as Mayor and City Clerk, respectivel of the City of W . terloo.
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