HomeMy WebLinkAboutChris E. Boyland - Encroachment Agmnt - 10/15/2018Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Chris E. Boyland,
hereinafter "Boyland", and the City of Waterloo, Iowa, hereinafter "City" this 15*"' day of
Cci-o.e/ , 2018.
WHEREAS, Boyland is the owner of real estate commonly known as 621 Wisconsin,
Waterloo, Iowa 50702 and legally described as Kenwood Park Place lot 6, Block 3, in the City of
Waterloo, Black Hawk County, Iowa, hereinafter `Boyland Property"; and
WHEREAS, Boyland is proposing to build and maintain a fence, hereinafter "Fence" that
will encroach into City of Waterloo right of way, hereinafter "Right of Way"; and
WHEREAS, Boyland is requesting to allow said Fence within a portion of said Right of Way as
shown on the attached Exhibit "A" hereinafter "Encroachment Area"; and
WHEREAS, the City is willing to allow said Fence to encroach into said Encroachment Area
as shown on attached Exhibit "A", subject to the following agreement regarding each party's
rights.
1. Boyland hereby recognizes and reaffirms, said Right of Way.
2. The City grants Boyland the right to place and maintain said Fence 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 Fence will be
the sole risk and expense of Boyland 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 Fence to be temporarily
moved for access to said Right of Way, Boyland shall move said Fence 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 Fence and assess any costs for moving against Boyland or Boyland
Property.
3. The term of this agreement shall be for so long as said Fence is maintained by
Boyland, and said Fence continues to exist, and that this agreement shall
automatically terminate if said Fence 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 to Boyland and that Boyland agree to
remove said Fence prior to the end of the 60 days notice and termination of this
agreement. If Boyland fail to remove said Fence upon termination of this
agreement Boyland authorize the City of Waterloo to remove said Fence and assess
costs to Boyland, or against Boyland Property.
4. Boyland shall protect, defend, indemnify, and hold harmless the City and its
successors and assigns and thier 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 but not limited to any damage to said Right -of -Way or
said fence. This covenant shall survive the termination of this Agreement.
5. This is the entire agreement between the parties with respect to subject matter herof.
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 offices as of the date first set forth above.
t
Chris E. Boylan dfOwner By: Quentin Hart, Its Mayor
City of Waterloo
Attest:
F •( le, City Clerk
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
On this C/, day of - - , 2018 before me, the undersigned, a Notary Public in and
for the State of Iowa, personally appeared Chris E. Boyland to me known to be the identical
person named herein and who executed the foregoing instrument and acknowledged that he
executed the same as his voluntary act and deed.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this
Quentin Hart and Kelly Felchle as Mayor and City Clerk,
Notary Public
_140k
day of COCela -/ , 2018 by
respectively, of the City of Waterloo.
`51"'y
Notary PuI 11c
Fence 7 Feet
Into Wisconsin Street
Right of Way
Fence 2.5 to 5 Feet
in Byron Avenue
Right of Way
Base nap data source is Black Hawk County.
This map does not represent a survey, no liability
ismed for the accuracy of the data delineated herein
eitherexpressed or implied by Black Hawk County, the
Black Hawn County Asseuor, or their employees.
The City of Waterloo makes no warranty, express or
implied. as to the accuracy of the information shown
expresslyon this map, and liability r the
accuracy thereof. Users shook refer to official
lats. surveys, recorded deeds, etc. located at the
Black Hawk County Assessor's Office for complete
and accurate information.
City of Waterloo, Iowa
621 Wisconsin Street
Encroachment Areement
W+E