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Home My WebLink AboutBCS Properties, (RECORDED) Encroachment Agreement - 12/19/2016 2025-15125 RECORDED:10/15/2025 09:36:36 AM RECORDING FEE:$27.00 REVENUE TAX:$ COMBINED FEE:$27.00 SANDIE L.SMITH,RECORDER BLACK HAWK COUNTY,IOWA ENCROACHMENT AGREEMENT 01-4-y df tou4Dv(c Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between BCS Properties LLC, hereinafter`BCS", and the City of Waterloo, Iowa, hereinafter"City" this I1 day of -October 2016. rn 1z.e r WHEREAS, BCS is the owner of real estate commonly known as 1850 Ridgeway Avenue, Waterloo, Iowa 50701 and legally described in attached Exhibit "A", in the City of Waterloo, Black Hawk County, Iowa, hereinafter`BCS Property"; and WHEREAS, BCS is proposing to build and maintain a monument sign, hereinafter"Sign" that will encroach 11.33' into a platted 15' sanitary sewer easement, hereinafter"Easement"; and WHEREAS, BCS is requesting to allow a Sign within a portion of said easement as shown on the attached Exhibit`B"; and WHEREAS, the City is willing to allow said Sign to encroach into said Easement as shown on attached Exhibit`B", subject to the following agreement regarding each party's rights. 1. BCS hereby recognizes and reaffirms, said easement. 2. The City grants BCS the right to place and maintain said Sign in said Easement 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 to and for access over, under and upon said Easement, expressly recognizing and acknowledging that any damage that occurs to said Sign will be the sole risk and expense of BCS and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Sign to be temporarily moved for access to said Easement, BCS and all successors or assign 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 shall be authorized to move said Sign and assess any costs for moving against BCS or any successors or assigns. 3. The term of this agreement shall be for so long as said encroachment is maintained by BCS, or any successors or assigns, 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 Ag-reentent is app ii:ei. i:t t the real estate all-lUCl$ 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 BCS, or any successors and assigns, and that BCS, and any successors and assigns agree to remove said encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If BCS, or any successors and assigns fail to remove said encroachment upon termination of this agreement, BCS, or any successors and assigns authorize the City of Waterloo to remove said encroachment and assess costs to BCS, or any successors and assigns, or against BCS Property. 4. BCS, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and a-. 'gns, and its officers, elected officials, employees, and agents, and any agency to avhich the City has granted a utility franchise from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees anai costs of litigation) arising out of the use or maintenance of said easement, including any damage to said encroachment(s). This covenant shall survive the termination of this Agreement. BCS Properties LLC By: VMS-beta(SIX:NI^ Its: atiVIAPV City of Waterloo ByQuentin]- Its: Mayor Attest: Fe1ch1 City Clerk 6efle y__STATE OF IO A ) COUNTY OF BLACK HAWK ) SS. On this(n14`day of October, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared RATA._:_t PIA 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. 11LZ L KRAAMARYNK Commission z aa� i r . My Commission Expires &IAA, • July 29,2019 er i.'e j STATE OF IOWA ) COUNTY OF BLACK HAWK ) SS. �oV� r ZO` This instrument was acknowledged before me on tints I ( day of Ociobe -2 by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY HIGBY Notary blic f� 4 COMMISSION N0.788229 ,r? MY COMMIS ON EXPIRES owl Pagel of 2 ROO R OMIT d C PY • Thai pan �ftht 63'iOJttdtwes# 04firtgr ��'Se n Areaiihn , a ykri ` Wesg �j9'a�bs 3'''P,444 c Corntyg S d azsftllows: C.olignendsar ast a past on dfra South Mir gjsaid SmrthwArt atariph ;Alas is 133.6 fre( ff'ccr ea* Southeart comer of satd Sautkwest Qvarttr; thence Nord 014 03'40" • Wcs4 33 fug to the ,h►a`t1: fine f J?idgty Rvaxua sadpahlf of htgiztnligi thence 1Yortk 90°OG'eD" N'est, 537.22 fgg4 along mkt North Asc; aware North d t'°.!D'3(P Wish, 429346 feel, to gfra &vntl, Ate afLos As* gismAnd.dd�#Arcn, With:716ay lima, At a point mellch 19.13 fast. of the Southxrat corner o}'srid DI; thatce SOMA d9iS1'I d'` -alinitxisS{orakic of idd ritWs SeGvxd iatftiOn iutiJmrs Ad�ition � the ctY 01 Ivotri40, .84rek Hawk Corte 7r3,2,#jig sa rJre East line of saki Sostbwittt Øtzp'itz thence Scutt OO4 '2O ' Fag along sold Eant lie,, 999.57 feet; thsnrc North AP 00P' Tf'rst,, I.1503 feag tht:sta South 01V.3'40" fias4192.4 f�ra4 to the Est of lnfnlikc flit Sogh lase of sad SautJkftti* Quwkr is asuri•sd to bear North 90*00' West. Excepl that Part 4finz withbt the filoizt desaibawatt Begigasgat tlia Saraltea€t comer of rid Sortatxes,t Ogirter; *mu Sark O0¢GD'fiD"" Wirs4 tglong rhaSoli/A Erie ofirtrii •S'outic)vrittt Qom, I5840 furl' tke40e North 01.0'40" Water, 05421 feey theiux Nartbc 9b°60 1Q0m East 1447 fstt, to rhs East lip cf said Sokthr+ tsi &falai *awe Sow* ta0°3313" slow Easi 07.2/ J`cey to the point Ltd heentani5 agedfrstlstr davvihrg Pmgrl mil" rrf "tat ofSkrvsy 32S Wow 28 of part of tha Sow Quoteter of Scdon 33, Towaskip 89 Nonth, Range 13 Wag of Ow .14' F.Af,1 BArch Hawk Co , loft Afros dial 4f'the 1rram Qipur of* &'wki Qwar of Seams No 33, � rosins* Na d9 North, Aviv No 13, trot ajtha Ffi9Ir Pfro1 After Was, hi the City of InairrToa, Mack +Cans$s Iowa; dexrl��sfQllaws: COamencJn4r al this Svtaisoaw c»raer of sigd Soritheissx &artat of the' &Aglinvetst Quw*t: tise4ce NorYk 90 dejr+ces West si:rr the South Ow of mid Southeast Qprairter flhs Southwest &trier 696.3,1 fear (Record 69582leaD, r Ise e,e.Nora I dame � *Tingles'JO gown* W*st 5eillfrd to a polo as tlu North G,rs of, rwdly,ei, a,rue, said Msg. the pa1u aJitstkuticv thence 1Vort* iierseer snArutis 50 semicis • Weil 12743$ fg lo 4 poiirt on tart North of sad Sow Ø,wier of the • S°gairneing &leder wkdt& 19.53 fed Eat of 11u Sozdtwat eorn;r of Lot NO- SI in Join 5Wild didditimi; iima lYar1k A 4Iqnres SO ids 33rrsr along Wei Novi* Vat nit Wed to th SQrct6osttroi Gig S Ilichwap► 631 thasce Sam 36 Agrees 04 minutes30 seceffaht Witag �stiaaira, y Ziff 3x9.sd1,10t Ya Out West Ids of sail Seiirihratt guoMer of the SigdOkosd atwrrlrr; skssos r SD degt tts 30 wrJxid& 15 *aaczcds'Feu 432.65 fed; tie Sosrtk 1 arms id minas: 30 seconds first 98d�39 fiat to the NM* Ow of klittlitty dwwe7 thence Now 9D gkems East alarm lurid North Ose I7404frd fo &sPairt�f 1S`�•Irurhxi4= AND . Thai Fan of roc Sacthoatt Quarter -Q�fig Southwest Quarter f&cttatr No. A, Tvtt111+4p Na 89 Northi lave No, 13 Wit of the ,F c ,Plr%cim,Morktitinf # t4g at3'°,t Wstertoo, Meth'Hawk CoaktY, row4; descrtha fd • " File Number; 2013-Q0001063 Seq: 3 Page 2 of 2 ra111817 'W4 coutirmr_.4 POOR a , C OPY commencing $Qiiiiitgat corner of gekl Somikeast &zanier of ege Seelkwas Opgrien awing Nora go sitteteti wow gapag tike soratit add teat said ' Quarter of the Soutkwest atterter 696.31 f (Record 6.9112 feet); as= North I dam 40 APcin s 30 * rfitsit $M2 fa tit a point on the Nord line of Avenue, t . Watt fit said Norik BM88 f. ,; to the Pain: 'Of liesimskrz, firm* Wit along sirld Now line le few, thence North I &WM dee lenuits 30 secondsWest 4004& North 90 dynes Eat We" thence South . degree 40 '3D:ee u b Zat 400 fiefto the,poirrt cf b minp • . .„. ♦_. 4i . __ . . I f ..,a ... ,. •. - _ • • • File Number: 2013-00001063 Seqe 4 EXISTING SIGN COLUMN I I t III r� 4� III Ill _ . 4 4� - / �4 -�- - -- 3,00' _l -� ENCROACHMENT AREA CO / U) ron ,4 - , EXISTING m I, 11 SIGN COLUMN z 1 0 59.06' N. - - - San(D)— — — San(D) San(D — — San(D) San(D)--- — — — San(D) — — — — San(D) San(D)— — — X W N i Mg 7.4 StS(D) — — — — — ........ StS(0) — (D) StS(D) StS(D) — — — -- —StS(D) — SD — y —( ) StS(D) — SCALE 1"=10' 0 t 10' / „, ,,, u Clapsaddle-Garber Associates, Inc µ �; 16 East Main Street RIDGEWAY SIGN ENCROACHMENT Marshalltown, Iowa 50158 RCS PROPERTIES Ph 641-752-6701 !: ,. ,, . _„ www.cgaconsultants.com 7 1 5_1 6 J:\5509_2\dwg\Sheets\5509-S SHEETS.dwg-Sign Encroachment-07-15-16-3:37pm-Iaw304 ENCROACHMENT AGREEMENT Prepared by: Aric Schroeder, 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 THIS ENCROACHMENT AGREEMENT is entered into by and between BCS Properties LLC, hereinafter "BCS", and the City of Waterloo, Iowa, hereinafter "City" this Vr day of October 2016. bet-e.tnl�e WHEREAS, BCS is the owner of real estate commonly known as 1850 Ridgeway Avenue, Waterloo, Iowa 50701 and legally described in attached Exhibit "A", in the City of Waterloo, Black Hawk County, Iowa, hereinafter "BCS Property"; and WHEREAS, BCS is proposing to build and maintain a monument sign, hereinafter "Sign" that will encroach 11.33' into a platted 15' sanitary sewer easement, hereinafter "Easement"; and WHEREAS, BCS is requesting to allow a Sign within a portion of said easement as shown on the attached Exhibit "B"; and WHEREAS, the City is willing to allow said Sign to encroach into said Easement as shown on attached Exhibit "B", subject to the following agreement regarding each parry's rights. 1. BCS hereby recognizes and reaffirms, said easement. 2. The City grants BCS the right to place and maintain said Sign in said Easement 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 to and for access over, under and upon said Easement, expressly recognizing and acknowledging that any damage that occurs to said Sign will be the sole risk and expense of BCS and all successors or assigns, including moving or replacement expenses. In the event that the City and/or any agency to which the City has granted a utility franchise needs said Sign to be temporarily moved for access to said Easement, BCS and all successors or assign 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 shall be authorized to move said Sign and assess any costs for moving against BCS or any successors or assigns. 3. The term of this agreement shall be for so long as said encroachment is maintained by BCS, or any successors or assigns, 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 Agi:'ernen.t 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 BCS, or any successors and assigns, and that BCS, and any successors and assigns agree to remove said encroachment(s) prior to the end of the 60 days notice and termination of this agreement. If BCS, or any successors and assigns fail to remove said encroachment upon termination of this agreement, BCS, or any successors and assigns authorize the City of Waterloo to remove said encroachment and assess costs to BCS, or any successors and assigns, or against BCS Property. 4. BCS, and all successors and assigns shall protect, defend, indemnify, and hold harmless the City and its successors and assigns, and its officers, elected officials, employees, and agents, and any agency to which the City has granted a utility franchise from any claim, damages, liability and expenses (including, but not limited to, reasonable attorney's fees and costs of litigation) arising out of the use or maintenance of said easement, including any damage to said encroachment(s). This covenant shall survive the termination of this Agreement. BCS Properties LLC By: 1- b h,(S'fi'DYY1 Its: OWtL,v City of Waterloo By: Quentin art Its: Mayor Attest: Felc e, City Clerk bjFIO\T STATE IA ) COUNTY OF BLACK HAWK ) SS. On this day of October, 2016, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared RJ(Q,11!- ,hM(()YV1 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. J LL 1 KRAAYENBRINK Commission Number 797477 My July Expires 9 20 S STATE OF IOWA ) COUNTY OF BLACK HAWK SS. This instrument was acknowledged before me on th•is \ day of , , by Quentin Hart and Kelly Felchle as Mayor and City Clerk, respectively, of the City of Waterloo. NANCY HSGBY COMMISSION NO.785229 MY COMMISSION E CPIRES Notaryiublic r Page 1 of 2 lesuiDencriptkus: AND EXHIBIT "A" That part ciao Southwest Quagr of Soctiou 3. Township d9 North, R sg 13 Wat ► oilo J",14Inca Hawk Cow row ficfloraled m►frhtim rs Cottsrensjrdsxt- at a poi w, ilia South Liu /said SaatthwRFt g4arietr wlrfah it 13a:6 feat West CO* Southeast comer Could Southwest Quarter; thence Nord Or 03' 40" • West, 33 fat to the North lbw 4fAidgeway Aw era and point of haginssinv thence North 90404'00i' Wes, 557.22 Mt, along saki North ; thence North WOW"' 30" FAA 1,293.80 fad, to the South Ilse ofLot , Alpo S000urd'won, Wa140100,10 Air a pobet mi kk is 19.53 fest Zoo, of the Sotethwat corner c f a t Lott theme South 894$111 d" {zlere liia 'a.Rt�iiluic of d 3aus;loco n Adridon in the Cry of Wattrioo, Arch Iiawk Cowttp, lord 7X5.25fsei to the East line of said Southwest Quarttn; thanes South 9 '4C'20" 11rr% along said Bait lifer 999.57 fedi thence North 90° tut!"' We % 13A 93 feag theca Sow 01 °O3'44" Bas4 2924fast, to the Pit ofbnlnnd 2 Ths Sore& line of saki SoutkniTst Quarter is assuagast to boar North 90° 00' Wei" that purl tying Wahl the fallowing &soihot tract; Beginning ar thrigout/woo comer of said Southwest '; tluarxcs Scutt% 9r00' a 1s,4 along t14a South lase of vrti .'Simetk szt Quarter, 15840 friq theism North 01.03'40" West 7 foe thence North 9110D0'00a East 140.47 fss to the East Bus of said Sort+& owlet; #hmc. Sawth D0°53'S3" fit; along sad East lam, 637.24 fea4 to firs protest ernd l nSi cid fkrthor excepting PsoCel "I" of Plant of Survey 321 Muse 28 depart of the So tikwest Quarter of Seaton 33, Township 89 North, Rave ge 13 Wat of the .1° PM., Blaeh Hawk Comp, Ipws+z Alfa, Met' grate Southeast Oporto of the Sow Qaartsr of Section Na 33, Township No $9 North, Rang. No. 13, Wat of Mc F `li JWn4 rl Meddle% lit the City of Wow, Mach -amok Cannot$,, Into 4 doeribs! asfoIlasos: Commencing at dzs Southeast conker cif said Sotrt/Mut Quarter of the Southtraor Querrter;tlbehc-• North 94 degree Facie he South line of Add Southeast Quarter of Out Southwest &trier 69631 feel (Record 69182 feet) ikentt.N r h I dopes 4 trrinutes' 30 s+econd'rt Wort 5d.Q3 fr.# to a point on the North Ewe ofirdgeorviivonste, saidpoi being the point of bothuthsv thence Nortit 1 dares 40 ititrtetsv30seconds West 127416 feed to a dirt on the North tiers of sad Southeast Quatist of the Southw Qrtar1er Kid& Of 19.53 feet Ears of the £nthba eon of Lot No. 9 In .rye Sowed . toed thaw* North 85 Ames 50 adrhstf 1S ssernsdi Wert along said North kite 388.73 feet to the Svutheas/er f ►'km oft& Si Highway 63; thence South 3b degrees 0t agha t=30sew** Wart alon#aateiSo tetatrat* ills 319.46foot to the Wert Rua 4f said Stesatesst Qeanesr of the Soutiosext guarJsr; Shrove Soo* 09 drgrecr SO wtha t s 15 seconds:East 4,12.0 feet; thence South 1 dates 40 mint ter 30 seconds Past 98639 feet to the North Rise of lidgeway Avenue, thaws' North 9'0 degrees Bat atom sraiINotili Buse 174.04fiseto &tPainst of 1 i utL : Tat Part of the Southeast Quarter of Mt Southwest Qs, arter of &emit N'. 33,1 Towsidula No. 89 North, a No, 13 Wert edge Ir lh ,Pdercfpal Mexickszt, Ds rho y of Watrloo, Elea Hawk Co#4,, Iowa, de s ribedas follow: File Number: 2013-00001063 Seq: 3 Page 2 of 2 EXHIBIT W - continued Cowmen oiag gat the S'ex#hcat corner of said Soli of the Southwest 12 a thanes ,Non* .90 • esire: Waal silage rtu So ifc Oda of said seedhadot Quarter of the Sotakrest attester h96.31 feet alitcond 69182 fee); amuse NartJh I dame 40 a 1udrs 30 are Win AO feet to a ant ore the North 1h a of Ridgeway dx.entre, arenas West aleig', said North Au 88 fest, to the paint 'f beghoetkr, theastse Wet along d North lime Si fee, the North I degree 40 ItenideS ssaondy West 4004 Moses North 0Ayres BenJ3feet thence Sofb I degree 40 mt4 s 30 teems& Eat 400feet to thepoini ofheginalro - File Number: 2013-00001063 Seq: 4 0 0 m cn 0 z 0z 0)0 Do® --o 0 9-1 m rn�-I 1 0 0 1 1 0 1 ' I Exhibit "B" 1 1 0 CIO o 0 W 0 I IN 0 1 1 1 0 Cri CO a) GI- V3dVIN3WH3VO 3N3 - 1N31/13SV31SI-