HomeMy WebLinkAboutAmerican Steel - Encroachment Agmnt - 1/28/19Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between American Steel,
LLC, hereinafter "American Steel", and the City of Waterloo, Iowa, hereinafter "City" this Zb
day of , 2019.
WHEREAS, American Steel is the owner of real estate commonly known as 735
Ansborough Avenue, Waterloo, Iowa 50701 and legally described as Lots 31, 32, 33, 34, 35 and
36 in First Addition to Galloway in the City of Waterloo, Iowa except those parts of said Lots
conveyed to the City of Waterloo in 604 CLD 377, hereinafter "American Steel Property"; and
WHEREAS, American Steel is proposing to construct and maintain a sign that will consist
of approximately a 12' X 6" long metal I-beam that is 6' 6" in height with custom fabricated
lettering and logo attached, hereinafter "Sign" that encroaches into a 16' utility easement,
hereinafter "Easement," and 3' 6" into City Right of -Way, hereinafter "Right -of -Way"; and
WHEREAS, American Steel is requesting to allow said encroachment within said "Right -of -
Way" and "Easement" 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. American Steel hereby recognizes and reaffirms, said Right -of -Way and Easement.
2. The City grants American Steel the right to place and maintain said Sign in said
Right -of -Way and Easement 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 and Easement, expressly recognizing and acknowledging that any damage
that occurs to said Sign will be the sole risk and expense of American Steel
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 Sign to be temporarily moved for access to said
Encroachment Area, American Steel shall move said Sign 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 Sign and assess any costs for removal against American Steel, or American
Steel Property.
3. The term of this agreement shall be for so long as said Sign is maintained by
American Steel, and said Sign continues to exist, and that this agreement shall
automatically terminate if said Sign 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 American Steel and that American Steel
agree to remove said Sign prior to the end of the 60 days notice and termination of
this agreement. If American Steel fails to remove said Sign upon termination of
this agreement American Steel authorize the City of Waterloo to remove said Sign
and assess costs to American Steel, or against American Steel Property.
4. American Steel 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 Right -of -Way or
Easement or said Sign. 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.
Paul Beal,
Its: Owner
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
Kelley Felchl
City Clerk
STATE OFi(o)
COUNTY OF act..thwe- ) SS.
On this 16 day of , Jl .. -y, 2019 before me, the undersigned, a Notary Public in and
for the State of ,�(,) , Paul Beal, personally appeared 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.
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Exhibit "A"
City ROW
Ansborough Avenue Back of Curb
Ansborough Ave
18 Feet
Utility Easement
American Steel Building Line
Encroachment Agreement Area 12.5' X 5'
735 Ansborough Avenue
Encroachment Agreement
American Steel
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