HomeMy WebLinkAboutPenrose - Encroachment Agmnt - 11/5/2018Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Craig E. Penrose
and Judith K. Penrose, hereinafter "Penrose", and the City of Waterloo, Iowa, hereinafter "City"
this "' day of , 2018.
WHEREAS, Penrose is the owner of real estate commonly known as 1125 Englewood
Avenue, Waterloo, Iowa 50703 and legally described as Hagerman Place Lot 10, Block 14, and
that part of the 16 feet wide north -south alley in said Block 14 located South of an extension of
the North Lot line of said Lot 10, hereinafter "Penrose Property"; and
WHEREAS, Penrose is proposing to construct and maintain a 10' X 20' portable shed,
hereinafter "Shed" that encroaches 5 feet into a public utility easement, hereinafter "Easement";
and
WHEREAS, Penrose is requesting to allow said Shed within a portion of said Easement as
described below `Encroachment Area"; and
WHEREAS, the City is willing to allow said Shed to encroach into said Encroachment Area
as legally described as the West 5 feet of the 16 feet wide north -south alley in Block 14 of
Hagerman Place, located South of an extension of the North Lot line of Lot 10, subject to the
following agreement regarding each party's rights.
1. Penrose hereby recognizes and reaffirms, said Easement.
2. The City grants Penrose the right to place and maintain said Shed in said Easement
as described above, 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 said Shed will be the sole risk and
expense of Penrose 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 Shed to be temporarily moved for access to said
Easement, Penrose shall move said Shed 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 Shed and assess
any costs for removal against Penrose, or Penrose Property.
3. The term of this agreement shall be for so long as said Shed is maintained by
Penrose, and said Shed continues to exist, and that this agreement shall
automatically terminate if said Shed 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 Penrose and that Penrose agree to
remove said Shed prior to the end of the 60 days notice and termination of this
agreement. If Penrose fails to remove said Shed upon termination of this agreement
Penrose authorize the City of Waterloo to remove said Shed and assess costs to
Penrose, or against Penrose Property.
4. Penrose 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, but not limited to any damage to said Easement or said
Shed. 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 offices as of the date first set forth above.
(614,2„,
Mdrisa B. Dolan, Power of
Attorney for Craig E. and Judith K.
Penrose, Owners
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
elley Fele e, ity Clerk
STATE OF tv�
COUNTY OF 6/04.< (- Ha ) SS.
On this 14_ day of O - , 2018 before me, the undersigned, a Notary Public in and
for the State of V C1 , Marisa B. Dolan, Power of Attorney for Craig E. and Judith K.
Penrose, personally appeared to me known to be the identical person named herein and who
executed the foregoing instrument and acknowledged that they executed the same as their
voluntary act and deed.
64Y-U_(A
Notary Public
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
This instrument was acknowledged before me on this ` day of 1\-\% , 2018 by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
NANCY HIGBY
COMMISSION NO.788229
MY CO. MISSIONiEXPIRES
Notary Publi&�