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Home My WebLink AboutFDP WTC - Enroachment Agmnt-10/16/2017 (RECORDED11111111111111111111111111111111111111111111111111111111111111111111111111 Doc ID. 009598390005 Type GEN Recorded: 07/16/2019 at 03:04:28 PM Fee Amt: $27.00 Page 1 of 5 Black Hawk County Iowa SANDIE L. SMITH RECORDER Fue2020-00001024 • Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 • ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into as of October j b, 2017, by and between FDP W'I'C, L.L.C. (hereinafter "Owner"), and the City of Waterloo, Iowa (hereinafter "Cita,"). WHEREAS, Owner is the owner of seal estate commonly known as 250 Westfield Avenue, Waterloo, Iowa 50701 and legally described in attached Exhibit "A (hereinafter "Owner's Property"); and WHEREAS, Owner are proposing to build and maintain a monument sign. (hereinafter the "Encroachment") that will encroach into the public right-of-way of Westfield Avenue (hereinafter the "Right -of -Way"), said Encroachment being a 5'..10 %" long by 1'-6" deep by 3'-6" tall sign, with a 4'-0" deep by 4'-0" wide footing; and WHEREAS, for the benefit of the Owner's Property and its present and future owner(s), Owner are requesting to allow the Encroachment within a portion of said Right -of -Way as shown on the attached Exhibit "B" (hereinafter the "Encroachment Area") and as shown on the attached Exhibit "C" sign elevation diagram; and WHEREAS, the City is willing to allow the Encroachment to encroach into said Right -of -Way as described above, subject to the terms and conditions set forth herein. THEREFORE IT IS HEREBY AGREED by and between the parties as follows: 1. Owner hereby recognizes and reaffirms the existence and public ownership of the Right - of -Way and claims no rights or privileges therein except to the limited extent provided for in this agreement, 2, The City grants Owner the right to place and maintain the Encroachment in, upon and upon the Encroachment Area of said Right -of -Way, 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 the Encroachment will be the sole risk and expense of Owner, including repair, removal 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 the Encroaclunent to be temporarily removed for access to said Right -of -Way, Owner shall remove the 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 remove the Encroachment and assess any costs for removing same against Owner or against Owner's Property. 3. The term of this agreement shall be for so long as said Encroachment is maintained by Owner and continues to exist, and this agreement shall automatically terminate if said Encroachment is removed (other than for temporary removal during replacement or repair). The parties agree that this agreement is appurtenant to the Owner's Property and runs with the land. This agreement may be terminated by the City of Waterloo upon 60 days advance written notice and order to permanently remove to Owner, or any transferees, successors and assigns. If responsible parties fail to remove said Encroachment upon termination of this agreement, the City of Waterloo is hereby ? 5 authorized to.rernove said Encroachment and assess costs for removing same against Owner or against Owner's Property. Owner•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 clahn, damages, liability and expenses (including, but not limited to, reasonable attorneys fees and costs of litigation) of any type or nature whatsoever; except those arising out of the negligent acts or omissions attic indemnified parties, arising out of the use, maintenance or removal of said Encroachment, including but not limited to any damage to said Encroachment. This covenant shall survive the termination of this Agreement. 5. This is the entire agreement between the parties with respect to the subject matter hereof. It may be amended only in a Written instrurnent•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 representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Attest: Kelley Folchle, ty lerk STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. FDP By: FDP WTC its: Managing ujber By Rodney A. Blackwell Managing Member St - This instrument was acknowledged before nie on this I day of October, 2017, by .Quentin Bart and Kelley Felchle as Mayor and City, Clerk, respectively, of the City of Waterioti. *OA( 0 s NANCY HIGBY COMMISSION NO.788229 MY COMMISSION EXPIRES STATE OF t -OW a-- ) COUNTY OF BIACk. * - k) 83: This instrument was acknowledged before me on this t day of October; 2017; by Rodney A. Blackwell, as Managing Member of FDP WTC MM, L.L.C., Managing Member of FDP WTC, LLC NANCY I1IG13Y 2;3 Nota �P ]cwt R11M15S10W N 1882 S ry 0 CO I Std 1piR ;�hlf C2- Exhibit A - Legal Description That portion of Lot One (1) of Techworks Addition, Waterloo, Black Hawk County, Iowa, described as follows: Cornmencing at the Southeast corner of said Lot 1; Thence South 62°15'57" West on the South line of said Lot 1, a distance of 215.87 to the point of beginning; (The following four courses are on said South line) Thence continuing South 62°15'57" West, 152.67 feet; Thence South 67°29'55" West, 76.84 feet; Thence South 63°34'08" West, 20.45 feet to the beginning of an 833.33 -foot radius curve concave Northerly and having a long chord of 149.99 feet bearing South 68°43'54" West; Thence Westerly on the arc of said curve, 150.20 feet; Thence North 15°15'33" West, 165.58 feet; Thence North 20°28'28" West, 29.17 feet; Thence South 68°55'29" West, 44.61 feet; Thence North 20°17'51" West, 309.37; Thence North 69°00'00" East, 588.00 feet; Thence South 21°00'00" East, 65.70 feet to the beginning of a 142.82 -foot radius chord concave Southerly and having a long chord of 91.58 feet bearing South 87°35'27" East; Thence Easterly on the arc of said curve, 93.23 feet to an East line of said Lot 1 and the beginning of a 261.64 foot radius curve concave Easterly and having a long chord of 131.55 feet bearing South 4°27'38" West; Thence Southerly on the arc of said curve and on an East line of said Lot 1, a distance of 132.98 feet; Thence South 59°48'31" West on an East line of said Lot 1, a distance of 20.27 feet; Thence South 30°11'29" East on an East line of said Lot 1, a distance of 65.85 feet; Thence South 59°3338" West, 75.11 feet; Thence South 49°46'02" West, 108.25 feet; Thence South 18°14'11" East, 143.74 feet to the point of beginning. 400 =n. 119 id o g S5INOMH031 c711OR1?JVW A9 CRIVAINf1OO V ga 10103 Vi CO1d3IVM 30NJAV 013111S3M 09E 531183dO8Id 171N/S10 V ION V NN 139 o <6 ) TEEL BED EDGING PARKING L OUTLINE OF FOOTING I\VISION UNNI 1GI ARCIIITECTIIREI INTERIORS 303 Watson Powell Jr. Way Suile 200 515.633.2941 515.633.2942 Fax vnnv.invisionarch.com SIGNAGE EXHIBIT FINANCIAL DISTRICT PROPERTIES COURTYARD BY MARRIOTT O TECHWORKS 360 WESTFIELD AVENUE WATERLOO, IA 50701 J J .1 T r .0- 11• 0 I0 0 • .0-.1. DATE: ISSUANCE / REFERENCE: CONSTRUCTION DOCUMENTS 10/09/17 PROJECT NO: 12056.1 ELEVATION