HomeMy WebLinkAboutBrad and Katrin Kuriger-2/8/2010ENCROACHMENT AGREEMENT
Prepared by: David Zellhoefer, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4327
THIS ENCROACHMENT AGREEMENT is entered into by and between Brad and Katrin
Kuriger, hereinafter "Kuriger", Northeast Iowa Center for Independent Living, hereinafter
"NEICIL", and the City of Waterloo, Iowa, hereinafter "City" this' day of2010.
WHEREAS, Kuriger are the owners of real estate commonly known as 1137 Steely Street,
Waterloo, Iowa 50703 and legally described as Highland 2"d Filing, Lot 8, Block 16, in the City of
Waterloo, Black Hawk County, Iowa, hereinafter "Kuriger property"; and
WHEREAS, NEICIL are the owners of the handicap accessibility ramp, hereinafter
"Accessibility ramp" that is extending and encroaching into Railroad Avenue right-of-way,
hereinafter "right-of-way"; and
WHEREAS, NEICIL is requesting to allow an Accessibility ramp 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 Accessibility ramp 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. NEICIL and Kuriger hereby recognizes and reaffirms, said right-of-way.
2. The City grants NEICIL and Kuriger the right to place and maintain said Accessibility
ramp 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 Accessibility ramp will be the
sole risk and expense of NEIC1L, or Kuriger 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 Accessibility ramp to be temporarily
moved for access to said right-of-way, NEICIL and all successors or assign, or Kuriger
and all successors or assigns shall move said Accessibility ramp 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 Accessibility ramp and assess any
costs for moving against Kuriger or any successors or assigns, the owner of Kuriger
property.
3. The term of this agreement shall be for so long as said encroachment is maintained by
NEICIL, or any successors or assigns, or Kuriger, 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 NEICIL, or any successors and assigns, and to Kuriger, or
any successors and assigns, and that NEICIL, and any successors and assigns, and
Kuriger, 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 NEICIL, or any
successors and assigns, or Kuriger, or any successors and assigns fail to remove said
encroachment upon termination of this agreement, NEICIL, or any successors and
assigns, and Kuriger, or any successors and assigns authorize the City of Waterloo to
remove said encroachment and assess costs to Kuriger, or any successors and assigns.
4. NEICIL, and all successors and assigns, and Kuriger, 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.
Attest:
Suzy Schars, City Clerk
STATE OF IOWA
COUNTY OF BLACK HAWK
) SS.
C� �
Kenneth D. Schuman
Northeast Iowa Center for Independent Living
Its:
City of Waterloo
By: Ernest G. Clark
Its: Mayor
CSri.this (671 day of January, 2010, before me, the undersigned, a Notary Public in and for the
Stateafkiwa,personally appeared Kenneth D. Schuman 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.
.,r
4' r
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this 2, O d y of January, 2010, before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Brad and Katrin Kuriger 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 - -, iqAg Jeffrey A. iNotariEl S i �,-".
tc." Commabsirn [' o 71
)
) SS.
STATE OF IOWA
COUNTY OF BLACK HAWK
This instrument was acknowledged before me on this day of January, 2010, by Ernest G.
Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo.
iPublic
RESOLUTION NO. 2010-73
RESOLUTION APPROVING ENCROACHMENT AGREEMENT
WITH BRAD AND KATRIN KURIGER AND THE
NORTHEAST IOWA CENTER FOR INDEPENDENT LIVING
AND DIRECTING EXECUTION OF SAID AGREEMENT BY
MAYOR.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA,
that the Encroachment Agreement dated February 8, 2010, to allow
for a handicap accessibility ramp to encroach approximately 4
feet into Railroad Avenue right-of-way, north of 1137 Steely
Street, legally described as follows:
Highland 2nd Filing, Lot 8, Block 16, in the City of
Waterloo, Black Hawk County, Iowa;
by and between Brad and Katrin Kuriger and the Northeast Iowa
Center for Independent Living, and the City of Waterloo, Iowa, be
and the same is hereby approved, and the Mayor and City Clerk
authorized to execute the same in behalf of the City of Waterloo,
Iowa.
PASSED AND ADOPTED this 8th day of February, 2010.
ATTEST:
iCAa
S-uzyY Shares, CMC
City Clerk
Ernest G.Ir ark, ayor
1137 Steely Street — Encroachment Agreement Request
Looking west from Steely Street at 1137
Steely Street. The handicap accessibility
ramp is located on the right side of the
picture.
Looking south from Railroad Avenue at
the portion of the handicap ramp that
extends into City owned right-of-way.
Looking east from Railroad Avenue at the
handicap ramp that extends into City
owned right-of-way.
Looking west from the intersection of
Railroad Avenue and Steely Street looking
at the 40' Railroad Avenue right-of-way.
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