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Home My WebLink AboutFDP WTC - Enroachment Agmnt-10/16/2017Prepared by: Arlo Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291.4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into as of October�(Q 2017, by and between FDP WTC, L.L.C. (hereinafter `Owner"), and the City of Waterloo, Iowa (hereinafter My,). WHEREAS, Owner is the owner of real estate commonly known as 250 Westfield Avenue; Waterloo, Iowa 50701 and legally described in attached Exhibit "A (licrainaiter "Owner's Property"); and WHEREAS, Owner are proposing to build and maintain a monument sign (hereinafter the "Encroachment") that will encroach into the public right-of-way, of Westfield Avenue (hereinafter Ole "Right -of -Way"), said Encroachment being a 5'-]0'/d' long by 1'-6" deep by 3'-6" tall sign, with a 4'-0" deep by 4'-0" wide footing; and WHEREAS, for the benefit ofthe Owner's Property and its present and future owner(s), Owner are requesting to allow the Encroachment within a portion of said Right -of -Way as shown on the attached Exhibit "B" (hereinafter the "Encroachment Area") and as shown on the attached Exhibit "C" sign elevation diagram; and WHEREAS, the City is willing to allow the Encroachment to encroach into said Right -of -Way as described above, subject to the terms and conditions set forth herein. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Owoor hereby recognizes and reaffirms the existence and public ownership of the Right - of -Way and claims no rights or privileges therein except to the limited extent provided for In this agreement, 2, The City grants Owner the right to place and maintain the Encroachment in, upon and upon the Encroachment Area of said Right -of -Way, 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 Right -of -Way, 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. In the event that the City and/or any agency to which the City has granted a utilityfranchise or right-of-way License Agreement needs the Encroachment to be temporarily removed for access to said Right -of -Way, Owner shall remove the Encroachment if present and able, otherwise the City andlor any ageveyto which the City has granted a utility franchise or right-of-way License Agreement shall be authorized to mmove the Encroachment and assess any costs for removing same against Owner or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner mid continues to exist, and 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's property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to Owner, or any transferees, successors and assigns. Ifresponsible parties fail to remove said Encroachment upon termination of this agreement; the City of Waterloo is hereby authorized to.remove said Encroachment and assess costs for removing same against Owner or against Owner's Property. 4. Owner shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, dud 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 mid against any clahn, damages, liability and expenses (including, but not limited. to, reasonable attorneys fees and costs of litigation) of any type or nature whatsoever; except those Arising out oftbe negligent acts or omissions of the indemnified parties, arising out of the use, maintenance or removal of said Encrdaehmemt 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 3Viitten instrument signed by the parties. This agreement is binding upon the parties and their respective It ansferees, successors, beirs and assigns. Time is ofthe essence in observing the terms of this agreement, IN WITNESS WBEREOF, the parties have executed this Encroachment Agreement by their duty authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By; Du -0 Ml,�t C� Quentin Hint, Mayor Attest: I{clley ffiPciclile . ty Clerk FDP WTC, L,L.C. By: IDP WTC MM,.L.L,C its; Managing iwetgber By:`. Rodney A. Blackwell Managing Member STATE OF IOWA ) COUNTY OF BLACK HAWK )83. This instrumentwas aekuowledged before nm on this 31 clay of October, 2017, by.Quentin Harland I{elley Feleble as Mayor and City Clerk, respectively, of tlm City of Waterloo. NANCY HIGBY w w COMMISSION NO.788229 MY C19LWISSION EXPIRES owe ! �...ra STATE OF �OW m - COUNTY OF SVIX6, SS: 4h This instrument was acknowledged before me on this I2 day of October, 20171 by Rodney A. Blackwell, as Managing Member of FDP WTC MM, L.L.C., Nfunaging Member of FDP WTC, LLC. N=ANCY14103y]"Y. "� CO> nnY /Q Y 2 Notary Publ c Exhibit A - Legal Description That portion of Lot One (1) of Techworks Addition, Waterloo, Black Hawk County, Iowa, described as follows: Conunenciug at the Southeast corner of said Lot 1; Thence South 62'15'57" West on the South line of said Lot 1, a distance of 215.87 to the point of beginning; (The following four courses are on said South line) Thence continuing South 62°15'57" West, 152.67 feet; Thence South 67°29'55" West, 76.84 feet; Thence South 63°34'08" West, 20.45 feet to the beginning of an 833.33 -foot radius curve concave Northerly and having a long chord of 149.99 feet bearing South 68°43'54" West; Thence Westerly on the arc of said curve, 150.20 feet; Thence North 15°15'33" West, 165.58 feet; Thence North 20°28'28" West, 29.17 feet; Thence South 68°55'29" West, 44.61 feet; Thence North 20°17'51" West, 309.37; Thence North 69°00'00" East, 588.00 feet; Thence South 21°00'00" East, 65.70 feet to the beginning of a 142.82 -foot radius chord concave Southerly and having a long chord of 91.58 feet bearing South 87°35'27" East; Thence Easterly on the arc of said curve, 93.23 feet to an East line of said Lot 1 and the beginning of a 261.64 -foot radius curve concave Easterly and having a long chord of 131.55 feet bearing South 4°27'38" West; Thence Southerly on the are 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 of 20.27 feet; Thence South 30°11'29" East on an East line of said Lot 1, a distance of 65.85 feet; Thence South 59°33'58" West, 75.11 feet; Thence South 49°46'02" West, 108.25 feet; Thence South 18'14'11 " East, 143.74 feet to the point of beginning. h PARKING LOT- a INVISION ✓y ru Ino.,wu lin,m } / 30i Watson Powclllr. Woy Suil¢20D 51Q32Iowa SW09 94 , '\ — — Um941 515.6332942 i¢x wxx<Invi[ionazh.mm 1 / l \ / — CONEOLiAM: RRLAND R LOntlscape pe Architects Ar — O \ LAWN .-/�- w \\ ¢ PROPOSED 18" X 6' O ENTRY SIGN U� ENTRY DRIVE . ��"- ,� Q ¢o - y I\ EXISTING STORM SEWERCof° o ¢ _ (12) WALKERS LOW CATMINT< - O STEEL BED EDGING INVISION PROJECTNO: r � �- DAiE: (�,�SIGNAGE LAYOUT PLAN _ SHEELNPME: u T'P"ANEOU 20 — NORTH SHFff: S 0 A L E I N F E E T LS— 1 '5:10 714" OUTLINE OF FOOTING � I I I I I I 6 I I I I I I -------------------------- I I I I m _ -A �9 J L `---------------I fTl ____________________� m s'. 10314". nn O �m Z OUTLINE OF FOOTING