HomeMy WebLinkAboutFDP WTC, LLC-10/17/2016Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between FDP WTC, LLC
(hereinafter "Owner"), and the City of Waterloo, Iowa (hereinafter "City") this t'F day of
October, 2016.
WHEREAS, Owner is the owner of real estate commonly known as 250 Westfield Avenue,
Waterloo, Iowa 50701 and legally described in Attached Exhibit "A", City of Waterloo, Black
Hawk County, Iowa, (hereinafter "Owner Property"); and
WHEREAS, Owner is proposing to build and maintain two canopies that overhang (hereinafter
the `Encroachment") that will encroach into a 66 feet public storm sewer and water utility easement
(hereinafter "Easement"), said Encroachment being a maximum of 16.36 to 17.42 feet north/south
by 75 feet east/west for the first canopy and 10.83 feet to 11.18 feet north/south by 25 feet east/west
for the second canopy;
WHEREAS, for the benefit of the Owner Property and its owner(s), Owner is requesting to allow
the Encroachment within a portion of said Easement as shown in Attached Exhibit "B" (hereinafter the
`Encroachment Area"); and
WHEREAS, the City is willing to allow the Encroachment to encroach into said Easement as
shown in Exhibit "B," subject to the terms and conditions set forth herein.
THEREFORE IT IS HEREBY AGREED by and between the parties as follows:
1. Owner hereby recognizes and reaffirms the existence of the Easement.
2. The City grants Owner the right to place and maintain the Encroachment in and upon
the Encroachment Area of said Easement, subject to the rights of the City and/or any
agency to which the City has granted a utility franchise or right-of-way License
Agreement to and for access over, under and upon said Easement, expressly
recognizing and acknowledging that any damage that occurs to the Encroachment will
be the sole risk and expense of Owner, including repair, removal or replacement
expenses.
3. The term of this agreement shall be for so long as said encroachment is maintained by
Owner and continues to exist, and that this agreement shall automatically terminate if
said Encroachment is removed (other than for temporary removal during replacement
or repair). The parties agree that this agreement is appurtenant to the Owner Property
and runs with the land.
4. Owner shall protect, defend, indemnify, and hold harmless the City and its successors
and assigns, and their officers, elected officials, employees, and agents, and any
agency to which the City has granted a utility franchise or right-of-way License
Agreement, from and against any claim, damages, liability and expenses (including,
but not limited to, reasonable attorneys fees and costs of litigation) of any type or
nature whatsoever arising out of the use, maintenance or removal of said
Encroachment, including but not limited to any damage to said Encroachment. This
covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to the subject matter
hereof. It may be amended only in a written instrument signed by the parties. This
agreement is binding upon the parties and their respective transferees, successors, heirs
and assigns. Time is of the essence in observing the terms of this agreement.
IN WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their
duly authorized officers as of the date first set forth above.
FDP WTC, LLC
By:
CITY OF WATERLOO, IOWA
By:
1
Rodney Blackwell, Managing Member Quentin Hart, Mayor
FDP WTC, LLC
Attest: l
Kelley Felchle, 5 ity Clerk
STATE OF IOWA )
COUNTY OE A,Q HAWK ) SS.
This instrument was acknowledged before me on this /®day of October, 2016, by
Rodney Blackwell, as Managing Member of FDP WTC, LLC.
�a�� c JENNIFER KAKERT
o Commission Number 788332
My Commission Expires
Februa 9, 2018
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this I, day of October, 2016, by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
2
Notary Public
Page 1 011
Exhibit: "A"
That portion of Lot One (1) of 7echworksAddition, Waterloo, lowa, Black Hawk County, Iowa, described
as follows:
Commencing at the Southeast comer of said Lot 1; thence South 82°15'57" West on the South tine of
said Lot 1, a distance of 215.87 feet to the point of beginning; (the following four courses are on said
South line); thence continuing South 82°15157" West 152.87 feet; thence South 67°29'55" West, 78.84
feet; thence South 63'34'08" West, 20.45 feet to the beginning Wan 833.33 foot radius curve concave
Northerly and having a long chord of 149.99 feet bearing South 88°43'54" West; thence Westerly on the
arc of said curve, 150.20 feed theme North 15°15133" West, 185.58 feet; thence North 20°28'28" West,
29.17 feet; thence South 88°58129" West, 44.01 feel; thence North 20°17'51" West, 309.37 feet; thence
North 69°00'00° East, 588.00 feet; thence South 21°00'00° East, 85.70 feet to the beginning of a 142.82
foot radius chord concave Southerly and having a tong chord of 91.58 feet bearing South 87°35'27"
East; thence Easterly on the aro of Said curve 93.23 feet to an East One of said Lot 1 and the ginning
of a 281.84 foot radius cove concave Easterly and having a long chord 01 131.55 feet bearing South
4°27'38° West; thence Southerly on the aro of said curve and on an East line of said Lot 1, a distance of
132.98 feet; thence South 59°48'31" West on an East line of said Lot 1, a distance 0120.27 feet thence
South 30"11'29" East on an East line of said Lot 1, a distance of 85.85 feet; thence South 59'33'58"
West, 75.11 feet; thence South 49°48'02" West, 108.25 feet; thence South 1894'11" East, 143.74 feet
to the point of beginning.
Also described as Auditor's Parcel "F" according to Plat of Survey filed March 15, 20] 3 as Doc.
No. 2013-19092 and amended Tune 25, 2015 as Doc No. 2015-21270,
File Number: 2016-00012508 Seq: 2
Exhibit "B"
Ament
DLSIGN
Amen! DesIg i
625 32nd Avenue SW
CcOa( Rapids. IA 52404
ph. 914.378.1401
fax 3) 378 1975
protea Courtyard by Marriott at Techworks
Title Exhibit - Building Overhang and Westfield Easement
Sheet 1
of 1 Calculated sv: MLCIMGD Date: 8112/2016