HomeMy WebLinkAboutStreblow, Dawson, Abkes - Enroachment Agmnt -(RECORDED) Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Jeffrey Streblow,
Suellyn Dawson, and Douglas and Ione Abkes, "Property Owners", and the City of Waterloo,
Iowa, hereinafter"City"this 15�-day of Db�6-/, 2018.
WHEREAS, Property Owners are the owners of real estate commonly known as 1214 Janney
Avenue, 1218 Janney Avenue, and 1035 Wilbur Avenue, Waterloo, Iowa 50701 and legally
described as Lots 12,13, and14 in Block 15 of Downing Place; and
WHEREAS, Property Owners currently have approximately 40 large rocks that encroach
approximately 17 to 21 feet into City of Waterloo right of way of Wilbur Street and Janney
Street, hereinafter"Right-of-Way"; and
WHEREAS, Property Owners are requesting to allow said encroachment within said Right-of-
Way as shown on the attached Exhibit"A"hereinafter"Encroachment Area"; and
WHEREAS,the City is willing to allow said Encroachment Area as shown on attached
Exhibit"A", subject to the following agreement regarding each party's rights.
1. Property Owners hereby recognize and reaffirm, said Right of Way.
2. The City grants Property Owners the right to place and maintain said large rocks in
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 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 said large
rocks will be the sole risk and expense of Property Owners including moving or
replacement expenses. In the event that the City and/or any agency to which the
City has granted a utility franchise or Right-of-Way License Agreement needs said
large rocks to be temporarily moved for access to said Right-of-Way, Property
Owners shall move said large rocks if present and able, otherwise the City of
Waterloo and/or any agency to which the City has granted a utility franchise or
Right-of-Way License Agreement shall be authorized to move said large rocks and
assess any costs for removal against Property Owners.
3. The term of this agreement shall be for so long as said encroachment is maintained
by Property Owners, and said encroachment continues to exist, and that this
agreement shall automatically terminate if said encroachment is removed (other
than for temporary removal during replacement or repair). It is understood and
agreed that this Agreement is appurtenant to the real estate and runs with the land.
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 the large
rocks and that Property Owners agree to remove said encroachment prior to the end
of the 60 days notice and termination of this agreement. If Property Owners fail to
remove said encroachment upon termination of this agreement Property Owners
authorize the City of Waterloo to remove said encroachment and assess costs to
Property Owners, or against Property Owners adjoining property.
4. Property Owners 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 any claim, damages, liability and expenses
(including, but not limited to, reasonable attorney's fees and costs of litigation) of
any type or nature whatsoever arising out of the use, maintenance, or removal of
said encroachment, including any damage to said Right-of-Way or said
encroachment. This covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to 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 representative as of the date first set forth above.
1214 Janney Avenue:
0 Z�J,4�a
ffr y A. S reblow
STATE OF 0 )
COUNTY OF � A-1 ) SS.
On this 7,1 day of 2018 before me, the undersigned, a Notary Public in and
for the State of ,personally appeared Jeffrey A. Streblow 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.
TIM ANDERA
i r- COMMISSION NO.77251
* * MY COMMISSION EXPIRES
row$, APRIL 11,2021 otary Public
1035 Wilbur Avenue:
Dougfas V. Abkes
Ione M. Abkes
STATE OF
COUNTY OFSS.
On this day of nv , 2018 before me, the undersigned, a Notary Public in and
for the State of ,r '� ,personally appeared Douglas V. Abkes and Ione M. Abkes tome
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
�I �l
1214 Janney Avenue:
Suellyn M. Daw n
STATE OF
COUNTY OF 140-gAk ) SS.
On this day ofd ,, t{ 2018 before me, the undersigned, a Notary Public in and
for the State of ,personally appeared Suellyn M. Dawson 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
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
Kelly Felc , City Clerk
M114y
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this day of �C> +� , 2018 by
Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
NANCY HIGBY
r % COMMISSION
NO-788M
Notary Pu ll
• ` MY CFA MISSIOVPIRES
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Exhibit "A"
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128 Feet
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--- 152-Feet-------j anhey Street
N wa 1214, 1218 Janney Avenue and 1035
W E Wilbur Avenue
s Encroachment Agreement
25 12.5 0 25 , , • Sue Dawson, Jeff Streblow and Doug
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