HomeMy WebLinkAboutFarmers State Bank - Encroachment Agreement - 10/28/2019 (RECORDED) 1111111111111111111131111111111111
Doc ID: 009735040007 Type: GEN
Recorded: 12/31/2019 at 02:49:49 PM
Fee Amt: $37.00 Page 1 of 7
Black Hawk County Iowa
SANDIE L. SMITH RECORDER
F11e2020-00011780
K Prepared 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"thisae day of
tact ✓,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 Mannan 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 l7'3"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 Farmers State Bank,or against Farmers
State Bank Property.
(37) 7
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
maybe 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.
Far -rs State Bank City of Waterloo
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F. ers tate Bank, By:Quentin Hart
Its:Wes Becker Its:Mayor
Chief Operations Officer
FarmeState Bank Attest:
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Farmers State Bank, `Kelley Felc ft Ci , lerk
Its:Rodney Duroe
Chief Executive Officer �vRtA4a ABI AIL SEARS
iAli �°rCOMMISSION NO.778635
STATE OF 1JN1C(, * * MY COMMISSION EXPIRES
COUNTY OF WinC.It1tz..t It )SS. Abw► MAY 28,2022
On this 21 day of()(A1 €4',2019 before me,the undersigned,a Notary Public in and for the
State of I DOA- ,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.
. / A '
Notary Pub c
STATE OF IRA& ) O'itiAL
elo ABIG;iiL SEARS
COUNTY OF 9 E4tX.$ t44L. )SS. i r COMMISSION NO.778635
* ��',.�� * MY COMMISSION EXPIRES
On this 21 day of Cel( ,2019 before me,the undersigned,a Notary Public in andkfwathe MAY 28,2022
State of 1 ON.HA. ,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. ti L.
if- VIAA1
Notary P lic
STATE OF IOWA )
COUNTY OF BLACK HAWK )SS.
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This instrument was acknowledged before me on this L 4 day of 1 1 Y ,2019 by Quentin Hart
and Kelley Felchle as Mayor and City Clerk,respectively,of the City of Waterloo.
Not. 4 Public a • 4
k's"'
's" NANCY HIGBY
- _r;COMMISSION NO.788229
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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
(f4E% NE'l4) 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 said South right-of-way line, 1,207,00 feet
to the West right-of-way line of Kimball Avenue;thence South 18 degrees 02 minutes
49 seconds East,along said West right-of-way line,159A4 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 radius of 64.00 feet,a distance of 100.53 feet; thence North 45 degrees 26
minutes 14 seconds West,161.00 feet;thence Northeasterly along a nontangent curve
• concave Southeasterly,havingg 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
19 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.
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Parcel 2:
A parcel of land located in the Northeast Quarter of the Northeast Quarter(NE1 NEV4)of
Section Nine(9),Township Eighty-eight(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 rn!:nutes 14 seconds
West a distance of 374.75 feet to the Southerly right-of-way line of Tower Park Drive;
•
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thence Easterly on said Southerly right-of-way on a non-tangent curve concave
Southerly having a radii.ts 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 ; is
• a curve concave Northeasterly having a radius of 284.80 feet and long chord bearing
South 52 degrees 45 minutes 27 seconds East a distance of 126.83 Feet; thence
Southeasterly on•e curve concave Northeasterly having a radius of 284.80 feet and long •
chard beating South 67 degrees S8 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 24 seconds East a distance of 150.31 feet; thence South •
5D degrees 42 minutes 06 seconds West a distance of 449.48 feet to the point of
•
beginning.
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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.
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Black Hawk County,Iowa •
Note; Parcel designations are for convenience of reference only and do not constitute an Integral
part of the legal description. .
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