HomeMy WebLinkAboutUS Bank-Encroachment Agmnt-1/28/19(Recorded)i1111111111111diWmNnu11111umwi1111oiiai
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Recorded: 02/04/2019 at 04:16:07 PM
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Black Hawk County Iowa
SANDIE L. SMITH RECORDER
Fne2019-00011910
Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between U.S. Bank
National Association, successor in interest to Mercantile Bank of Northern Io a, hereinafter "US
Bank", and the City of Waterloo, Iowa, hereinafter "City" this 2 day of , 2019.
WHEREAS, US Bank is the owner of real estate commonly known as 425 Cedar Street,
Waterloo, Iowa 50701 and legally described as Exhibit "A", hereinafter "US Bank Property";
and
WHEREAS, US Bank is proposing to construct and maintain a 3' X 2' (6 SF) sign,
hereinafter "Sign" that encroaches 10' into the public right-of-way, hereinafter "right-of-way";
and
WHEREAS, US Bank is requesting the City to allow said Sign within a portion of said right-of-
way as shown on the attached Exhibit "B" (hereinafter the "Encroachment Area") and
WHEREAS, the City is willing to allow said Sign to encroach into said Encroachment Area
described above, subject to the following agreement regarding each party's rights.
1. US Bank hereby recognizes and reaffirms, said right-of-way and claims no rights or
privileges therein except to the limited extent provided in this agreement.
2. The City grants US Bank the right to place and maintain said Sign in said
Encroachment Area, 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 Sign will be the sole risk and
expense of US Bank, including repair, removal, moving, or replacement expenses,
unless caused by City's negligence or intentional acts. 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 right-
of-way,
ightof-way, US Bank 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 remove said Sign and assess
any costs for removal against US Bank, or US Bank Property. -
3. The term of this agreement shall be for so long as said Sign is maintained by US
Bank, 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 US Bank Property 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 US Bank and
that US Bank agree to remove said Sign prior to the end of the 60 days notice and -
termination of this agreement. The City will provide just cause to US Bank if the
sign is to ever be removed. If US Bank fails to remove said Sign upon termination
of this agreement US Bank authorize the City of Waterloo to remove said Sign and
assess costs to US Bank, or against US Bank Property.
4. US Bank 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 Sign,
including, but not limited to any damage to said right-of-way 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.
nal Association City of Waterloo
y E. Mol .y, Vice
esident/ Facility Manager
By: Quentin Hart
Its: Mayor
U.S.: ank National Association Atte t:
arry G. Morgan, Senio
Vice President
elley Felchle (i Clerk
STATE OF ZD wq )
COUNTY OF Qb1,1-. ) SS.
,t" ?.019 A
On this $ day of Stu►rnar+�+, X1'8' before me, the undersigned, a Notary Public in and
for the State of =bwai. , Mary E. Molloy 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.
STATE OF
COUNTY OF
) SS.
On this (D°day of JAVA I� , 2018 before me, the undersigned, a Notary Public in and
(Q
for the State of k [) , Larry Morgan 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.
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS
ANN D. BARRON
Commission No. 724987
My Comm. Expires/D-0-z/
.r
This instrument was acknowledged before me on this day of v , 2018 by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
NANCY HMV
Ct3MMISSION NO180229
MY GC M SSION EXPIRES
Notary Pu . lic
"Exhibit A"
DESCRIPTION: REMAINDER PROPERTY
A PARCEL OF LAND SITUATED IN PART OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1, AND PART
OF VACATED CEDAR STREET LYING NORTHEAST OF LOTS 1, 2, 3, 4 AND 5, IN BLOCK I,
AND PART OF VACATED 3RD STREET LYING NORTHWEST OF LOT 5, IN BLOCK 1, ALL IN
THE ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF
WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHEAST LINE OF SAID LOT 1, WHICH IS 40.00 FEET
NORMALLY DISTANT NORTHEAST OF THE SOUTHWEST LINE OF SAID LOT 1; THENCE
NORTH 48^ (DEGREES) 57' (MINUTES) 19" (SECONDS) WEST (ASSUMED BEARING FOR THE
PURPOSE OF THIS DESCRIPTION) ON A LINE THAT IS 40.00 FEET NORTHEAST OF AND
PARALLEL WITH THE SOUTHWEST LINE OF LOTS 1, 2, 3, 4 AND 5 IN BLOCK 1 OF SAID
ORIGINAL PLAT ON THE WEST SIDE OF THE CEDAR RIVER IN THE CITY OF WATERLOO,
AND ITS EXTENSION NORTHWESTERLY, 307.21 FEET; THENCE NORTH 411'02'41" EAST,
185.00 FEET TO A LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE
SOUTHWEST LINE OF FRACTIONAL BLOCK 1 OF SAID ORIGINAL PLAT ON THE WEST SIDE
OF THE CEDAR RIVER IN THE CITY OF WATERLOO; THENCE SOUTH 481157'19" EAST ON
THE LINE THAT IS 15.00 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST
LINE OF SAID FRACTIONAL BLOCK 1, A DISTANCE OF 307.63 FEET TO THE PRESENT
NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE; THENCE SOUTH 411110'27"
WEST ON THE PRESENT NORTHWESTERLY RIGHT-OF-WAY LINE OF PARK AVENUE, ALSO
BEING THE SOUTHEASTERLY LINE OF SAID LOT 1 AND ITS NORTHEASTERLY
EXTENSION, 185.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 56,873 SQUARE FEET, OR 1.31 ACRES.
EXHIBIT "B"
A
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