HomeMy WebLinkAboutCedric C. Culp - Encroachment Agmnt - 3/4/19Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366
ENCROACHMENT AGREEMENT
THIS ENCROACHMENT AGREEMENT is entered into by and between Cedric C. Culp,
hereinafter "Culp", and the City of Waterloo, Iowa, hereinafter "City" this `7 'day of ,/A
2019.
WHEREAS, Culp is the owner of real estate commonly known as 500 Ricker Street,
Waterloo, Iowa 50703 and legally described as Peeks Second Addition Lot 14 Block 1, Waterloo
Iowa, hereinafter "Property"; and
WHEREAS, Culp is proposing to continue to maintain an existing 4' decorative fence
(hereinafter the "Encroachment") that will encroach into public right of way, (hereinafter "Right
of Way") with a 8' section along N Barclay Street and Ricker Street, a 56' section along N
Barclay Street, and a 63' section in between the rear property line and an alley south of the
property; and
WHEREAS, Culp is 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 terms and conditions set forth herein. Therefore it is hereby agreed by
and between the parties as follows:
1. Culp hereby recognizes and reaffirms, said Right -of -Way.
2. The City grants Culp the right to place and maintain said Encroachment 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
Encroachment will be the sole risk and expense of Culp 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
Encroachment to be temporarily moved for access to said Encroachment Area, Culp
shall move said Encroachment if present and able, otherwise the City 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 Encroachment and assess any costs for
removal against Culp, or Culp Property.
3. The term of this agreement shall be for so long as said Encroachment is maintained
by Culp, 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 upon 60
days notice and order to permanently remove to Culp and that Culp agrees to
remove said Encroachment prior to the end of the 60 days notice and termination of
this agreement. If Culp fails to remove said Encroachment upon termination of this
agreement Culp authorizes the City to remove said Encroachment and assess costs
to Culp, or against Culp Property.
4. Culp 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 and against 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 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 offices as of the date first set forth above.
Owner of Culp Propert
Cedric C. Culp
STATE OF jota,, )
COUNTY OF 311(444-1 ) SS.
On this A day of ritahy/, 2019 before me, the undersigned, a Notary Public in and
for the State of , Cedric C. Culp, personally appeared 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.
City of Waterloo
By: Quentin Hart
Its: Mayor
Attest:
elley Felc j , ity Clerk
TRACIA S ROSS
COMMISSION NO. 811963 1
MY COMMISSION EXPIRES
$` —3—Z 1
STATE OF IOWA )
COUNTY OF BLACK HAWK ) SS.
CJ - 2 e
Notary Pu is
This instrument was acknowledged before me on this' day of CA -`-r--4'1 , 2019 by
Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo.
Not. r Publ c
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NANCY HIGBY
COMMISSION NO.788229
MY C(MMISSIONLXCPIRES
._ 3 20 V
Exhibit "A"
Ricker Street Back of Curb
City ROW
4'
4'
12'
5.5'
Ricker Street Back of Curb
Ricker Street
t5.5' 12'
56'
500 Ricker Street
20
0 20
500 Ricker Street
Encroachment Agreement
Cedric Culp