Loading...
HomeMy WebLinkAboutCedric C. Culp - Encroachment Agmnt - 3/4/19 (RECORDED)IN 0II 0 IIO 1101 II I0I 100 1101 I 1 11 11 11 11 11 Doc ID: 009560600003 Type GEN Recorded: 06/06/2019 at 10:59:43 AM Fee Amt: $17.00 Page 1 of 3 Black Hawk County Iowa SANDIE L. SMITH RECORDER FUe2019-00013343 Wa2rl00 Prepared 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 '14` day of M'i , 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 Property Ce. Cedric C. Culp STATE OF ) / COUNTY OF „5/0k- ) SS. City of Waterloo By: Quentin Hart Its: Mayor On this ) 9 day of Q N , 2019 before me, the undersigned, a Notary Public in and for the State of t , 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. TRACIA S ROSS 1 COMMISSION NO. 811963 MY CO 1 SION IXPIRES I STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. This instrument was acknowledged before me on this 10 day of ftcu' , 2019 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY HIGBY COMMISSION NO.78$IZ9 MY C( IMi, SSION� Exhibit "A" Ricker Street Back of Curb City ROW 4' 4' 5.5' Ricker Street Back of Curb Ricker Street 12' F 5 Property Line 500 Ricker Street 20 10 20 Feet 500 Ricker Street Encroachment Agreement Cedric Culp