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HomeMy WebLinkAboutFarmers State Bank - Encroachment Agreement - 10/28/2019Prepared by: Seth Hyberger, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ENCROACHMENT AGREEMENT THIS ENCROACHMENT AGREEMENT is entered into by and between Farmers State Bank, hereinafter "Famers State Bank", and the City of Waterloo, Iowa, hereinafter "City" thisag day of Oc.4 to✓, 2019. WHEREAS, Farmers State Bank is the owner of real estate commonly known as 131 and 201 Tower Park Drive, Waterloo, Iowa 50701 and legally described in attached Exhibit "A"; and WHEREAS, Nicki Street is a dedicated street owned by the City providing access to Farmer's State Bank Property from San Marnan Drive; and WHEREAS, Nicki Street has a median that divides its north and southbound lanes, which median is also owned by the City (the Median); and WHEREAS, Farmers State Bank is requesting to construct, use and maintain on the Median an electronic messaging, two sided monument sign that is 19'5" in height and 17'3" long with tenant panels and in a configuration similar to the design shown in attached Exhibit "B" (the "Sign"); and WHEREAS, the sign would be placed in the Median in a position that is approximate center with respect to the north -south and east -west measurements, which placement would be an encroachment upon the Median, which is owned by the City; and WHEREAS, the City is willing to allow the construction, use and maintenance of the Sign on the Median, which constitutes an encroachment of City property, subject to the following agreement describing the rights and obligations of each party. 1. Farmers State Bank hereby recognizes and reaffirms, said Right -of -Way. 2. The City grants Farmers State Bank the right to place and maintain said Sign in said Right - of -Way as shown on attached Exhibit "B", 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 Farmers State Bank 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, Farmers State 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 move said Sign and assess any costs for removal against Farmers State Bank, or Farmers State Bank Property. 3. The term of this agreement shall be for so long as said Sign is maintained by Farmers State 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 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 Farmers State Bank and that Farmers State Bank agree to remove said Sign prior to the end of the 60 days notice and termination of this agreement. If Farmers State Bank fails to remove said Sign upon termination of this agreement Farmers State Bank authorize the City of Waterloo to remove said Sign and assess costs to Fanners State Bank, or against Farmers State Bank Property. 4. Farmers State 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 Encroachment, 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. Electrical Service to Sign in Nicki Street Right of Way Farmers State Bank desires to have the electrical service to the sign located within Public Right of Way of Tower Park Drive and Nicki Street. Conditions for said installation are as follows: 1. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by Farmers State Bank and to change any curb or sidewalk or the grade of any street. In permitting others to do such work the City shall not be liable to Farmers State Bank for any damages arising out of the performance of such work by other parties, provided City exercised reasonable care in performance of such work undertaken by the City. Nothing in this Agreement shall be construed as to relieve any other person or company from liability for damage to Famers State Bank facilities. 2. Farmers State Bank shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under Public Property in such manner as the City may at any time reasonably require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purposes of facilitating the vacation and/or redevelopment of public right-of-way by the City. 3. Upon request, Famers State Bank agrees to assist in locating underground facilities which are part of its electrical service. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this Agreement, Farmers State Bank shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll free "One -Call" number. 4. Installation, repair, or replacement work completed by Farmers State Bank that requires excavation of Public Property or public right-of-way shall require restoration and replacement of (a) any improvements that were removed, destroyed or damaged by Farmers State Bank work to a condition at least equal to the condition of such premises before Farmers State Bank work was undertaken, and (b) surface vegetation with sod in conformance with City ordinances and in accordance with standard local practices for placing sod. All work of restoration and replacement shall be subject to inspection and approval by the City Engineer or his designee. 5. Famers State Bank agrees to require contractors and subcontractors engaged in work for Farmers State Bank within the public rights-of-way or on public property to maintain in effect during the term of work liability insurance in comprehensive form and in the amounts to be reasonably set by the City. 6. Farmers State Bank agrees to accept the risk of having its electrical service and equipment upon the public right-of-way, including the possible risk of damage or injury to its system or equipment, and agrees to release and discharge the City of any liability for damage or injury to Farmers State Bank's equipment, except to the extent caused by the City's gross negligence. In no event shall the City be liable for any consequential damages arising out of any damage or injury to Farmers State Bank's equipment placed in the right-of-way. In WITNESS WHEREOF, the parties have executed this Encroachment Agreement by their duly authorized offices as of the date first set forth above. ar rs State Bank F. ers tate Bank, Its: Wes Becker Chief Operations Officer Farme State Bank Farmers State Bank, Its: Rodney Duroe Chief Executive Officer STATE OF L`wia ) COUNTY OF i(JC1 1% z ) IL ) SS. Ci of Waterloo By: Quentin Hart Its: Mayor Attest: e ley Felchl City Clerk ABIGAIL SEARS COMMISSION NO. 778635 MY COMMISSION EXPIRES MAY 28, 2022 On this 2 t day of ocinx4 , 2019 before me, the undersigned, a Notary Public in and for the State of 1 Coo - , Wes Becker, Chief Operations Officer, Farmers State Bank., 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. vp Notary Pub c l.. ) 0414* ABIG;KiL SEARS +�wk COMMISSION NO. 778635 MY COMMISSION EXPIRES On this 21 day of CCtt ( , 2019 before me, the undersigned, a Notary Public in andifteMthe MAY 28, 2022 State of 1 04A. , Rodney Duroe, Chief Executive Officer, Farmers State Bank., 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 eed. 4 II: b'�i STATE OF IRA. COUNTY OF g tat..) SS. r STATE OF IOWA COUNTY OF BLACK HAWK ) SS. Notary P lic This instrument was acknowledged before me on this -t! day of , 2019 by Quentin Hart and Kelley Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY I-IICA3 ! COMMISSION NO.:7262261 MY COMMISSION ZRLS EXHIBIT a Parcel 1: That part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northwest corner of Northeast Quarter of the Northeast Quarter (NE1/4 NE1/4.) of Section Nine (9), Township Eighty-eight (88) North, Range Thirteen (13) West of the 5th P.M., Black Hawk County, Iowa; thence South 00 degrees 26 minutes 14 seconds East, along the West line of said Northeast Quarter of the Northeast Quarter, 63.43 feet to the South right-of-way line of West San Marnan Drive; thence South 89 degrees 03 minutes 48 seconds East, along sold South right-of-way fine, 1,207.00 feet to the West right-of-way line of Kimball Avenue; thence South 3.8 degrees 02 minutes 49 seconds East, along said West right-of-way line, 159.44 feet; thence South 00 degrees 28 minutes 22 seconds East, along said West right-of-way line, 154.27 feet; thence North 89 degrees 31 minutes 38 seconds East, along said West right-of-way line, 10.00 feet; thence South 00 degrees 28 minutes 22 seconds East, along said West right- of-way line, 29.20 feet; thence South 89 degrees 33 minutes 46 seconds West, 60.00 feet; thence Northwesterly along a curve concave Northeasterly, having a radius of 284,80 feet, a distance of 123.88 feet; thence South 00 degrees 26 minutes 14 seconds East, 176.52 feet; thence South 89 degrees 33 minutes 46 seconds West, 60.00 feet; thence South 41 degrees 49 minutes 27 seconds West 423.78 feet to the point of beginning; thence North 45 degrees 26 minutes 14 seconds West, 324 feet; thence North 00 degrees 26 minutes 14 seconds West, 90,51 feet; thence North 45 degrees 26 minutes 14 seconds West, 52,00 feet; thence Westerly along a curve concave Southerly, having a radlus of 64.00 feet, a distance of 100.53 feet; thence North 45 degrees 26 minutes 14 seconds West, 151.00 feet; thence Northeasterly along a nontangent curve concave Southeasterly, having a radius of 665.00 feet and a long chord bearing North 67 degrees 03 minutes 47 seconds East, a distance of 522.29 feet; thence South.00 degrees 26 minutes 14 seconds East, 374.75 feet; thence North 89 degrees 31 minutes 1.9 seconds East, 24.75 feet; thence South 00 degrees 28 minutes 41 seconds East, 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West, 24,77 feet; thence South 00 degrees 26 minutes 14 seconds East, 266.05 feet to the point of beginning. Note: The West line of the Northeast Quarter of the Northeast Quarter of Section 9, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, Is assumed to bear South 00 degrees 26 minutes 14 seconds East. Parcel 2; A parcel of land located In the Northeast Quarter of the Northeast Quarter (NEV4 NE%) of Section Nine (9), Township Eighty -night (88) North, Range Thirteen (13) West of the Fifth Principal Meridian and part of Tract A, Tower Park, Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of said Tract A; thence North 00 degrees 26 minutes 14 seconds West a distance of 266,05 feet; thence North 89 degrees 31 minutes 19 seconds East a distance of 24.77 feet; thence North 00 degrees 28 minutes 41 seconds West a distance of 24.20 feet; thence South 89 degrees 31 minutes 19 seconds West a distance of 24.75 feet; thence North 00 degrees 26 ;mi:nutes 14 sec8nds West a distance of 374.75 feet to the Southerly right-of-way line of Tower Park Drive; thence Easterly on said Southerly right-of-way on a non -tangent cUrve concave Southerly having a radius of 665.00 feet and a long chord bearing South 87 degrees 25 minutes 22 seconds East a distance of 69.97 feet; thence Southeasterly on a curve concave Southwesterly having a radius of 263.72 feet and long chord bearing South 62 degrees 12 minutes 15 seconds East a distance of 204.40 feet; thence Southeasterly on a curve concave Northeasterly having a radius of 284,80 feet and long chord hearing South 52 degrees 45 minutes 27 seconds East a distance of 126.83 feet; thence Southeasterly on•a curve concave Northeasterly having a radius of 284,80 feet and long chord bearing South 67 degrees 58 minutes 45 seconds East a distance of 24.50 feet; thence South 19 degrees 33 minutes 24 seconds West a distance of 51,57 feet; thence South 00 degrees 26 minutes 14 seconds East a distance of 150.31 feet; thence South 50 degrees 42 minutes 06 seconds West a distance of 449,48 feet to the point of beginning. Note: The West line of the Northeast Quarter of the Northeast Quarter of Section 9, Township 88 North! Range 1.3 West of the 5th P.M., black Hawk County, Iowa, is assumed to bear South 00 degrees 26 minutes 14 seconds East. Black Hawk County, lowa Note; Parcel designations are for convenience of reference only and do not constitute an integral part of the legal description. ORMAAMIGNERMINA WATERLOO 1020 Wilbur Ave. PO BOX 2098 Waterloo, IA 50704 319-233-4404 .800-7384604 Foe 319-233.7514 k/ARSHALLT OWN 605 Iowa Ave. West Marshalltown. IA 50158 641.7524608 • 888456-7446 Pam 641-7524968 PROJECT FARMERS STATE LOCATION WATERLOO, IA &ROR,ESEWA, BRIAN BUSS HMF 6-6-19A3 3/16"=1'0" 1.6447 nvoriAtotW ;," FARMERS STATE/ TOWER PARK/6-6-19A,FS PRINT FILES) 1 6-24-19 2 3 4 giterrammom. /I Moot:MOM -CLIENT APPROVAL- SIGNATURE/DATE • Exh-tb-i+ "?,11 EXISTING - APPROX. 4' BASE COVER 10' CLEARANCE- OVERALL HEIGHT 19' 5" •,.'111152E .—mansent osteirig'all=1=MI MEM Elgar.:ZE COPYRIGHT 2017 -THIS ARTWORK IS PROPERTY OF NAGLE SIGNS INC. AND MAY NOT SE REPRODUCED. THIS RENDERING IS FOR REPRESENTATIONAL PURPOSES c.',NL.`" Color output may not be exact when viewing or printing this drawing. It these colors are incorrect, please provide the correct PMS match & the revision will be made.